Case Scenario:
FAST SERVE is a $25 million, 350 person company involved in the direct marketing of sports apparel. To focus exclusively on the Gen-Y segment, FastServe opened two online marketing and distribution channels. One for boys and one for girls. Ten percent of the workforce was moved to manage distribution from the online sales. Soon, technology problems developed with the "drape-n-see" mannequins on the sites. Eventually, FastServe decided to move out of online distribution, making it necessary to downsize the operations. You are senior manager of the HR Division. Of five persons identified for layoff, two will be kept and three will be released. You must decide who to keep and who to let go, understanding the legal implications of your decisions, and you must identify what law(s) apply to each.
Carl Haimes, 34, has been harassed by Ben, an accounts manager, because Carl is gay. An investigation showed that Carl has been humiliated by Ben because of Carl's sexual orientation. Carl has an above average performance record, above median productivity, no special achievements, is a qualified systems analyst with a BS in Information Systems. He is a contract employee with no absenteeism problem.
Brian Carter, 32, has done good work but has been complaining recently of severe right wrist pain, calling in sick 4 days in the last two weeks. Brian has been diagnosed with carpal tunnel syndrome. Brian's supervisor is not happy about Brian's absences. Brian is an average performer, with median productivity, was the sole designer of the "drape-n-see" system, has an advanced certificate in VC++ and ASP. Brian is a contract employee and has missed 17 days in the last two months.
Sarah Boyd, 53, has worked at FastServe for 15 years. She is a widow and lives alone. Because of planned automation, her skills will not be needed. She has been loyal to the company in bad times and knows the office procedures better than anyone. Sarah has an average performance record, median productivity, no special achievements, no college but knows office administration very well. She is a full-time company employee and has been absent 12 days in the last two months.
Nora Manson, 28, is a call center manager and firebrand feminist. She defends non-management workers at the slightest hint of "management misdemeanor." She is an active member of the local NAACP chapter and encouraged African-American employees to file complaints against the company with the local EEOC office. Her communication skills saved two very major accounts recently. She has above average performance but below average productivity. She is a college dropout trained in public speaking. She is a contract employee and has been absent 2 months cumulatively.
Jenny Mills, 30, is a call center executive. She is five-months pregnant and is taking more than the allowed number of breaks. She says the breaks are related to the pregnancy, are of very short duration, and have not affected her work but her male co-workers have been complaining about the number of her breaks. She has average performance, median productivity, no special achievements, and has a BS in public relations. She is a contract employee and has been absent 14 days in the last two months.
ASSIGNMENT: Write a memo for your boss detailing who is to be kept and who is to be let go, explaining why. Be sure to include any laws that this might involve and why those laws would/would not present a problem for the action you recommended for all 5 persons.