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EEOC v. Morton Buildings, Inc.No. 3:04-CV-02122 (N.D. Tex. June 5, 2006)The Dallas District Office of the EEOC filed this Title VII case alleging that thedefendant, a national construction company in Illinois, discharged the chargingparty (CP) from her sales consultant position at its Texas office because of her sex.The manager of the McKinney office hired the CP, who had 30 years of sales andmarketing experience (20 in commercial real estate construction and sales), as asales consultant in December 2002, despite initial resistance from the WesternRegion manager who pressed him to hire an inexperienced male instead. Theregional manager made statements to the CP and other staff suggesting that hewas uncomfortable with women working in construction sales. In June 2003,during a period of decreased sales, the defendant fired the CP, ostensibly for lack ofproduction. Defendant retained male trainees who were hired at the same time as theCP and who had made fewer sales for the defendant than the CP had. The CP andwas the only female sales consultant in the McKinney office and one of only four inits five-state Western Region.Under the one-year consent decree resolving this case, the defendant will pay the CP$275,000 in monetary relief and provide her with a letter of reference agreed to bythe parties. The defendant will conduct two training sessions on the requirementsof federal anti-discrimination laws at the defendant’s construction center facilities inthe Southern Plains Region and will report to the EEOC on all sex discriminationcomplaints made during the term of the consent decree, including the resolution ofsuch complaints.What could the HR department have done to mitigate risk in this case and/or what can they do to mitigate risks of this nature in the future?RubricHRM3375 Grading RubricHRM3375 Grading RubricCriteriaRatingsPtsThis criterion is linked to a Learning OutcomeQuality of Writing and Proofreading2.5 ptsWritten responses are free of grammatical spelling or punctuation errors. The style of writing facilitates communication.2.0 ptsWritten responses are largely free of grammatical, spelling or punctuation errors. The style of writing generally facilitates communication.1.5 ptsWritten responses contain a few errors in spelling, grammar and punctuation, etc. Some errors but not so many to indicate repetitive distractions.1.0 ptsWritten responses include some grammatical, spelling or punctuation errors. The errors distract the reader.0.5 ptsUses incorrect grammar and incorrect sentence structure consistently. The errors interfere with the communication process.2.5 ptsThis criterion is linked to a Learning OutcomeComprehension of material3.0 ptsThe writer understands significant ideas relevant to the issue under discussion. This is indicated by correct use of terminology, precise selection of information components required to make a point. Correct use of examples .2.4 ptsAble to distinguish and comprehends a deeper meaning on most occasions. Ideas are reasonably clear. Some subjective evaluation is necessary to determine what the writer means.1.8 ptsComprehends the surface level meaning of the material and begins to relate issues to general knowledge and experience1.2 ptsDemonstrates some basic comprehension of the material . Does not make connections with the bigger picture.0.6 ptsNot comprehending or reflecting on what is read or viewed3.0 ptsThis criterion is linked to a Learning OutcomeLength, content and ability to interpret and answer assignment1.5 ptsWork demonstrates that all tasks were completed Showed some originality and extra initiative in completing assignment.1.2 ptsWork demonstrates that significant effort was made to attempt all aspects of the assignment. Ideas connected clearly.0.9 ptsWork demonstrates that some effort was made to attempt all tasks that were assigned. Occasional sense of engagement of writer with the subject matter.0.6 ptsLittle effort was made to attempt all tasks that were assigned. Ideas were connected but weak0.3 ptsVery little effort was given to the task assignment. No response was given.1.5 ptsThis criterion is linked to a Learning OutcomeRelevance of answers, opinions and ideas.3.0 ptsStudent is clearly expressing arguments, opinions and responses in answering assignments. Superior ideas and insights. Answers are clear and complex.2.4 ptsStudent is more consistent in expressing arguments, opinions and responses when answering assignments1.8 ptsStudent is learning to develop and express arguments, opinions and responses in answering assignments. More complex and insightful answers.1.2 ptsNot developing their ability to express arguments, ideas or opinions. Ideas are not complex or insightful. May include some information that distracts from central purpose.0.6 ptsStudent is not able to express opinions, ideas, and responses due to inadequate writing skills. Ideas are unclear.3.0 ptsTotal Points: 10.0
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