Problem
For quite some time, ABC Company Ltd has been trying to hire a truck loader for grocery delivery to and from the USA. Lona saw an advert on LinkedIn for the position and applied immediately. You are the HR Manager and after screening the applications you decided to invite Lona for an interview by inviting her to the company. Lona has had seven years of experience in this type of work. Although the thought of having to work the night shift did not particularly appeal to her, her need for additional money and the fact that the job at ABC paid more money than she was currently earning prompted her to send in her resume. She was also impressed by the indication in the ad that employees could qualify for training in more technical positions. Lucky, the night shift supervisor, seemed to have difficulty believing that she had seven years of prior experience interviewed Lona. He suggested that she demonstrate her skills by taking a driving test. She complied, even though she was surprised by the request.
After the test, Lucky questioned Lona closely about how she would fit into the work environment. He said informed her that she would be the only female working in that area and that the group might not appreciate the constraints on their joking and talking that a woman's presence would cause. He also said that she could not expect them to help her out with tasks "just because she is a woman" and asked how her husband would feel about her being out all night. Lona assured Lucky that this was a normal work setting for her and one that she had learned to handle long ago. As the HR manager, you have just found out about the situation. Apparently, after learning that she was not being offered a job, Lona discovered that ten men had been hired, of whom none was asked to take a test, and none has as much experience as she did. She, therefore, decided to file a complaint with the Human Rights Commission, a copy of which you just received.
Task
i. In view of the content of the report, do you think Lona was discriminately treated? Why? or why not?
ii. "There are several issues with the current selection process at ABC, including violations of human rights legislation. Explain this statement.
iii. As the HR manager, are you legally liable for Lucky's behaviour? Why, or why not?
iv. In resolving this situation, what issues need to be addressed? How would you address them?