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In September 2014 Leyth Jamal, a transgender woman, filed suit against her employer, luxury retailer Saks Fifth Avenue. Jamal alleged that she experienced harassment from managers and other employees because of her gender identity while employed by Saks, including verbal abuse and threats of violence. At the time she filed suit, no federal, state, or local laws protected transgender employees from discrimination. However, some federal district courts had recently begun to allow such suits on the premise that discrimination based on gender identity was a form of sex discrimination. Other suits and amicus briefs brought by the Equal Employment Opportunity Commission (EEOC) furthered this trend. The EEOC is the federal agency charged with investigating and supporting claims of discrimination under Title VII of the Civil Rights Act of 1964, so district and appellate courts watched the EEOC's position on the application of Title VII. Socio-culturally, many Americans supported transgender rights, even as they voiced anxiety about transgender men in women's bathrooms.

This case has students assume the role of a trusted member of the executive team of Hudson's Bay Company, which owns Saks Fifth Avenue. One Friday afternoon in late December 2014, the Hudson's Bay CEO sends an email to his executive team notifying them that he has approved corporate counsel's motion to dismiss Jamal's case based on the argument that transgender people are not a protected class according to Title VII. The motion will be filed in federal court on Monday. The CEO shares that he personally believes it is preposterous for anyone to think that Saks Fifth Avenue is anything but a strong advocate for LGBT rights, but he invites executive team members to call him if they have any concerns. Members of the executive team have a responsibility to consider the broader strategic implications for the company, so students must decide if and how to respond to the CEO.

1. Maria Jarlstrom, Essi Saru, and Sinikka Vanhala, “Sustainable Human Resource Management With Salience of Stakeholders: A Top Management Perspective,” Journal of Business Ethics, 152, (2008): 703–724. 2. Benjamin A. Neville, Simon J. Bell, and Gregory J., “Stakeholder Salience Revisited: Refining, Redefining, and Refueling an Underdeveloped Conceptual Tool,” Journal of Business Ethics, 102, (2011): 357–378. 3. Mick Marchington, Fang Lee Cooke, and Gail Hebson. “Human Resource Management Across Organizational Boundaries,” Sage Handbook of Human Resource Management, (2009): 460–477.

This secondary source case is based mainly on three documents: the 20-page report by a labor union, Unite Here, titled “One Job Should Be Enough: Inequality at Starbucks”; and two reports by former U.S. Attorney General Eric Holder Jr. and Covington & Burlington, LLP.

In February 2020, Unite Here, a labor union, released a damming report about employment practices at the airport Starbucks stores operated by licensee, HMSHost. Among other charges, the report identified several instances of racial and gender discrimination that HMSHost dismissed as a ploy by a union intent on organizing its employees. The adverse publicity, however, put Starbucks Corporation in the spotlight because of the company’s publicly stated commitment to workplace equality. The recently hired Nzinga Shaw, the company’s first-ever Global Chief Inclusion and Diversity Officer, had to address the issue at HMSHost lest it adversely affect Starbucks’ reputation as a progressive employer.

The case is best suited for a graduate or undergraduate course in human resource management or labor relations. As diversity is typically covered in the first third of such courses, the ideal placement of this case would be in the early part of the course. As Starbucks is a well-known name, and it is very likely that students have had their own experience with Starbucks, as either a customer or an employee, the case is likely to draw their interest.

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Data for the case came from public sources, including legal proceedings, court filings and Securities and Exchange Commission filings. The authors perused hundreds of court documents and identified 28 that were most relevant to this case. The authors also used press interviews with the women highlighted in the case. The authors have no relationship with the company and no one from the company has reviewed the information presented in this case. As the case is drawn from sworn legal testimonies, interviews and related documents in the public domain, the authors did not have to seek approval for publication.

Pinterest touted itself as “the nicest place on the Internet.” It had an almost 80% female user base and purported to have an inclusive culture that embraced diversity. However, in June 2020, in the wake of the Black Lives Matter protests, two former female employees of color violated their non-disclosure agreements (NDAs) to publicly accuse Pinterest of racial and gender discrimination. In August 2020, Pinterest’s former Chief Operating Officer, Francoise Brougher, filed a lawsuit charging the company with gender discrimination, retaliation and wrongful termination, and authored a public blog post titled, The Pinterest Paradox: Cupcakes and Toxicity, detailing her own experience with the company’s discriminatory culture. Three days later 236 of Pinterest’s 2,545 employees staged a virtual walkout and 445 employees signed a petition in an attempt to change Pinterest’s policies and culture. The case provides a brief overview of Pinterest, including its mission, values and organizational culture, and details several incidents and complaints by female and minority employees. The case questions whether employee complaints are a relatively narrow issue involving disgruntled former employees who did not fit at the organization or a much broader issue involving discrimination and managerial neglect in creating and maintaining a nondiscriminatory, inclusive culture. Students are encouraged to evaluate the situation in which Co-Founder, Board Chair and Chief Executive Officer, Ben Silbermann finds himself, evaluate the actions taken and decide if Silbermann should take any additional actions to address the discrimination claims and ensure a positive culture for all employees.

This case is appropriate for graduate and advanced undergraduate level courses in organizational behavior, human resource management and business law or any course where discrimination and workplace culture are discussed.

This case was developed from both secondary and primary sources. The secondary sources include journal and newspaper articles. Primary sources include court proceedings, industry reports and EEOC recommendations regarding disparate impact for major retailers. This case has been classroom tested with undergraduate BBA students in an introductory undergraduate Human Resources course.

In August 2019, Ms Ramos applied for an entry-level position at Stockworld; however, despite receiving an initial offer, Ms Ramos was notified soon after beginning the position that her job offer was being rescinded as a result of a completed background check. The Fair Chances Act for employment has challenged employers to “Ban the Box” that asks about criminal past acts before conditional employment offers. With increased demand for qualified applicants following and amid current labor shortages, proponents of “Ban the Box” challenge that including background checks before and even following conditional offers lead to disparate impact with Title VII protected classifications of employees. Can employers Ban the Box to prevent Disparate Impact for entry-level positions? What are the implications for eliminating criminal background checks?

This case was written for use in an undergraduate introductory human resource management course or general business law course. The focus of the case supports classroom discussion for online and face-to-face instruction regarding equal employment opportunity and employment decisions. The case also has strong application in course content regarding discrimination and strategic plans for organizational success. Educators who use critical thinking methods to apply hiring strategies or talent pipeline assessment can use this case to explore additional avenues for external recruitment and talent development.

The Women’s US Soccer team in 2016 entered into the summer Olympics with a dark cloud over their heads, the lack of pay equity in the sport of soccer. Despite being heralded as the best female team in the world, the team’s compensation does not reflect their winning record or average work performance. Complex contractual negotiations and compensation intricacies surround this situation and the legal proceedings with the Equal Employment Opportunity Commission that include discrepancies between gender preferences for compensation, benefits packages and terms of the overall collective bargaining agreement in a monopsony. The financial impact of lost wages and the role of the fan base are also examined.

This case has been created through the eyes of past and current members of the US Women’s Soccer team using scholarly and periodical sources.

This case is designed for upper level, undergraduate human resource management, labor economics and employment law courses, specifically, principles of human resource management, gender equity courses, business law, labor economics, law & economics.

To understand how the external culture of an organization affects the internal decisions; to explore how employment stereotypes are used in recruitment; to grasp the general understanding of how line managers give more value to the bottom line than “non-discrimination statement”; to understand the challenges while managing a diverse workforce; and to critically analyze hiring decision and recommend practical solution.

Asma Malik was hired as a management trainee around five years ago. After successful completion of her one year as a management trainee, she was placed in the finance department. She outperformed all of her targets and received multiple rewards of a star performer. However, Malik was passionate and eager to work in the field and to work with the sales team. It was her dream to be an outstanding salesgirl. Based on the company’s policy of equal opportunity employer, she quickly got herself promoted to the position of wholesale manager and she was the first one to be provided such a challenging position. However, the market dynamics and market acceptability in a country like Pakistan were quite thought-provoking for a girl to be a wholesale manager. And it was observed that sales were constantly declining, as she had assigned this role. Now Country Manager (CM) had to make a decision, whether to transfer her to any other position or to retain her in the same position.

Bachelor of Business Administration and MBA.

Teaching Notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

CSS 1: Accounting and Finance.

This case presents the dilemma faced by Danville Airlines’ management when one of its best pilots is found to have the inherited gene for Huntington’s disease. Although he inevitably will develop the physically and mentally debilitating disease, the pilot, who has yet to experience symptoms, does not want to step down from his position. Danville Airlines explores the complicated issues of employee rights versus public safety, employee rights to privacy, and genetic testing and its effects on employees and management.

Human resource management; primarily employment law impacting on employment relations.

Second year (or 200 level) students up to post graduate programmes in Business Management, Human Resources Management and Law.

The world is still fascinated by South Africas transition to democracy; what with stories of massacre (Sharpeville, etc.) of those who dared challenge white supremacy and the battle for prominence between the African National Congress and the Inkatha Freedom Party. Since gaining independence, South Africa has attracted investors from far and wide. Now and again, one hears news stories that report about forms of disgruntlement from whites and blacks, respectively. In some quarters, you may hear stories suggesting the white community has not completely gotten over their resentment of black leadership. In some other quarters, you are likely to hear the blacks insist that the South African land space belongs to them and as a result they should be in charge of the distribution of wealth, one must understand that much of the wealth of the South African land still resides with the Whites. In what is considered as a fair attempt to integrate all the citizens of the republic, the new government of Nelson Mandela came up with a constitution that is hailed as perhaps the best in the world. Carved out of the United Nations Human Rights Charter, it proposes a free society that recognizes all its inhabitants regardless of colour. Within the world of work, the constitution identifies seven very important statutes that not only give effect to and sustain the republics membership of the International Labour Organisation, but also help to realize and regulate the fundamental rights of workers and employers.

Test students understanding of the legal statutes that pertain to employment relations and human resource management in South Africa.

Understand the legislation affecting management and staff. Understand and apply the principles of recruitment and selection of staff. Identify and apply the options open to managers in staff training and development. Identify and apply the appropriate performance management systems. Understand and apply the strategic human resource planning process.

Teaching note.

This paper aims to sensitize learners to some of the ethical and public relation issues involved in decision-making with specific reference to the educational field.

This case brings out a dilemma faced by the school management of Vidyalaya School, Karnataka, India in responding to a notice issued by the State Government to pay a huge compensation and to re-absorb a teacher who was rendered physically challenged owing to an accident within the school premises. The case is set in the milieu of a self-financed, private education industry during the period 2013-2018. This is a case in “Strategy formulation” and “Ethical dilemma” involved in the field of education in India. A teacher was permanently injured and confined to a wheelchair in an attempt to rescue a child attempting to jump off the school building and end her life for having obtained low marks in a test paper. While the school management was initially sympathetic and paid her medical bills and full salary purely on humanitarian grounds, they discontinued this support-line after about two years. The teacher filed a complaint with the Disability Commission, a grievance redressal body of the Government of Karnataka, India. She demanded re-absorption into the job, payment of salary arrears and reimbursement of all the subsequent medical bills incurred abroad totaling Rs 15.5 million, which is unaffordable for a school of that size. The management is faced with a situation where they cannot accept such a huge financial liability as well as accept a wheelchair-bound teacher who would not be able to discharge her duties. The school was briefed by legal experts that there exists no law that specifies either compensation or re-absorption into the job in a situation like this. At the same time, to fight the case purely on legal grounds and deny her a decent livelihood would impact the image of the school as being inhuman to a lady who had actually tried to help the school in the name of humanity. The management is caught in a dilemma on the course of action they must take – to fight the case legally or to accept the demand on humanitarian grounds.

This paper is suitable for Undergraduate or Graduate students of Business Management.

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CSS 11: Strategy

Workforce diversity is a reality and offers many benefits to business. Nevertheless, managing diversity poses numerous challenges. This case involves religious diversity, focusing on employers' legal duty to accommodate religious practices. In the case, the assembly line at Electrolux's Frigidaire plant in St. Cloud, Minnesota hummed with activity when suddenly a group of Somali workers walked off the line. The Somali employees were new immigrants and introduced cultural and religious customs which were for the most part unfamiliar to management. The employees were Muslim and left the work stations to observe sunset prayers, one of the five daily prayers central to the Islamic faith. The management dilemma presented in the case is balancing the demands of assembly line production with the religious requirements of Muslim workers in a legal and effective manner. There is a substantial epilogue detailing Electrolux response to the situation which can be used as the basis for further class discussion. To help guide this dialogue, a “mini-instructors manual” follows the epilogue.