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Examining the case of the Gelato Cheese Factory
When going over the compliance of the Gelato Cheese Factory with the Civil Rights Act of 1964, it is important to note that the CVR (Civil Rights Act) was put in place to prevent racial, religious and gender based discrimination when it came to employment. However, it should be noted that this did not prevent companies from putting in place certain requirements when it comes to the hiring of workers. While belonging to a particular race, gender or religion was no longer the basis behind hiring decisions; experience, training and the level of education needed to accomplish particular jobs was a necessity (Aiken, Salmon, & Hanges, 2013).
It is within this context that after examining the case of Heartland Corners where most of the local Caucasian population has completed a high school education as compared to only twenty five percent of individuals within minority groups, it becomes immediately obvious that the reason why Gelato’s entire cleaning crew is Caucasian is due to the fact that the education demographic within the area is simply oriented towards a white educated majority. This is further compounded by the fact that Heartland Corners has a population that has more Caucasian as compared to individuals from other races.
When taking both the percentage of the white population and its educational demographic into consideration, it can be seen that Heartland Corners is most likely in compliance with the Civil Rights Act of 1964 since the basis behind its all white cleaning team is due to the sheer amount of white high school graduates as compared to other individuals from other races which results in a greater likelihood of hiring someone white. Do note that under the Civil Rights Act of 1964, an employer does actually have the right to discriminate on particular jobs when it comes to the need for an employee to have a particular trait in order to do the job properly in the first place.
Labelled as a bona fide occupational qualification (BFOQ), this particular sub-section of the CVR states that discrimination is possible when it comes to an employee needing to have the qualifications necessary for normal operations under the aforementioned position. Taking this into consideration, the implementation of a “high school graduate required” trait when it comes to the cleaning job is legal and is not only utilized within the Gelato Cheese Factory but is also a minimum requirement in many low level positions within the U.S.
Compliance with Title VII of the Civil Rights Act of 1964
On the other end of the spectrum, while it may be true that the Gelato Cheese Factory is in full compliance with Title VII of the Civil Rights Act of 1964, it is still necessary to make a few changes in its employment practices (Aiken, Salmon, & Hanges, 2013). The fact of the matter is despite the presence of an educated white majority within Heartland Corners, it is still necessary to have a certain level of employee diversity within the company so that it can live up to the “spirit of the law” in relation to the Civil Rights Act of 1964 (Sroufe, Liebowitz & Sivasubramaniam, 2010).
This is not to say that the company should completely change its hiring practices such as removing the necessity of being a high school graduate, rather, a different tactic should be employed wherein the company attempts to make an effort wherein 25% of its cleaning workforce should consist of individuals from local minority populations.
Another aspect that should also be taken into consideration is the fact that most of the company’s workers (85%) consist of individuals between the ages of 25 and 35. From an HR relations perspective, having a relatively young workforce is actually good for the company since it improves worker efficiency and helps to prevent work related issues (i.e. sickness, fatigue, etc.) that are common among old workers.
However, when taking into consideration the fact that the Civil Rights Act of 1964 also encompasses aspects related to the illegality of discriminating based on age, then it can be stated that Gelato is in violation of the CVR since the case data does not indicate that a large percentage of the local population within Heartland Corners consists of relatively young populace. It is based on this that the company should definitely attempt to implement new employment strategies to make at the very least 30 percent of its workforce consist of individuals above 40. This should help it meet the necessary compliance requirements of the government when it comes to non-age related discrimination within workplace environments.
Do note though that under the analysis of Vlachos (2008) it was stated that age discrimination can actual be implemented by companies when it comes to the strenuous nature of particular jobs which creates a greater degree of risk for older workers as compared to their younger counterparts. Such instances are often utilized as a sufficient means of age related discrimination and could be one of the reasons behind why 85 percent of the worker population within the company consists of relatively young workers (Economic climate reshapes HR hiring practices, 2002). However, since this is not explicitly stated within the case notes, then it can be assumed that such a level of strenuous activity is not presented within the Gelato Cheese Factory and, as such, it necessary to implement some new practices that enable equal opportunities for individuals of all ages (Greer, Ireland & Wingender, 2001).
Advantages of the Proposed Practices
While this paper has expounded upon the necessity of non-discriminatory hiring practices as supported by the Civil Rights Act of 1964, it is also important to note that there are also advantages when it comes to hiring a diversified workforce (Fernández-Aráoz, Groysberg & Nohria, 2009). This comes from the myriad amount of experience, talents and expertise that can come from hiring people of different ages, races and backgrounds that most HR specialists realize is a necessity when it comes to helping the company grow and develop (Fernández-Aráoz, Groysberg & Nohria, 2009).
Conclusion
Overall, when examining the case of the Gelato Cheese Factory, it can be stated that the company is actually in compliance with most of the outlined requirements of the Civil Rights Act of 1964, however, some adjustments are needed when it comes to the amount of old workers within the company as well as making its cleaning crew slightly more diversified. Should such changes be implemented in the future, then the company will definitely be a great place to work in for future workers of any race, religion or age group with Heartland Corners.
Reference List
Aiken, J. R., Salmon, E. D., & Hanges, P. J. (2013). The Origins and Legacy of the Civil Rights Act of 1964. Journal Of Business & Psychology, 28(4), 383-399.
Economic climate reshapes HR hiring practices. (2002). HR Briefing (10801847), 3012), 5.
Fernández-Aráoz, C., Groysberg, B., & Nohria, N. (2009). The definitive guide to recruiting in good Times and Bad. Harvard Business Review, 87(5), 74-84.
Greer, C. R., Ireland, T. C., & Wingender, J. R. (2001). Contrarian human resource investments and financial performance after economic downturns. Journal Of Business Research, 52(3), 249-261.
Sroufe, R., Liebowitz, J., & Sivasubramaniam, N. (2010). Are You a Leader or a Laggard? HR’s Role in Creating a Sustainability Culture. People & Strategy, 33(1), 34-42.
Vlachos, I. (2008). The effect of human resource practices on organizational performance: evidence from Greece. International Journal Of Human Resource Management, 19(1), 74-97.
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