Marcus, your analysis of the case and what Ryan needs to do to prove his case was detailed. I like your step by step process on exactly what Ryan needs to do. The informal resolution may shed come light on why Ryan was not selected and could be the end of the process. If not Ryan does have steps he can take to ensure he gets resolution.
Marcus Mccall Wednesday Mar 15 at 2:06pm Discrimination in the workplace is a violation of an employee's rights and is an issue that must be addressed promptly. In the case of Ryan, he believes that he was discriminated against during the promotion process for a regional district restaurant manager position in a local Italian restaurant chain. To address Ryan's situation and determine the next steps, it is essential to review the current laws that apply to this case. Several rules apply to Ryan's case, which prohibits discrimination in the workplace based on age, race, sex, religion, and national origin. The most relevant law that applies to Ryan's case is the Age Discrimination in Employment Act (ADEA) of 1967. The ADEA prohibits employers from discriminating against individuals 40 or older. Understanding these laws and how they apply to the situation is essential to determine if Ryan has a viable case (Krieger, 2019). To pursue a discrimination case, Ryan must provide evidence that he was not promoted due to discrimination based on age, sex, or any other protected characteristic. In addition, Ryan needs to demonstrate that he was equally or more qualified for the promotion than the employee who received the promotion. Therefore, Ryan needs to gather the following evidence: Job Qualifications: Ryan must show he meets the qualifications for the regional district restaurant manager position. Ryan must prove his experience, skills, education, and other job-related requirements (Greenberg, 2019). Performance: Ryan needs to provide evidence of his performance record to demonstrate that he is an outstanding employee with an excellent work ethic. He must show that he has performed his job duties well and received positive supervisor feedback. Comparison with the Employee Who Received the Promotion: Ryan needs to compare his qualifications and performance with the employee who received the promotion. He must demonstrate that he was equally or more qualified than the other employee who received the promotion. Evidence of Discrimination: Ryan must provide evidence of discrimination. He must demonstrate that he was not selected for the promotion based on age, sex, or any other protected characteristic (Crosby, 2019). If Ryan believes that he was discriminated against during the promotion process, he should take the following steps: Informal Resolution: Ryan should try to resolve the issue informally by discussing it with his supervisor. He should explain why he believes he was discriminated against and provide the evidence he has gathered. Formal Complaint: Ryan should file a formal complaint with his employer's human resources department if the informal resolution fails. The complaint should be in writing and provide all the evidence that Ryan has gathered (Phillips & Goff, 2020). EEOC Charge: If Ryan's employer does not resolve the issue, he can file a charge with the Equal Employment Opportunity Commission (EEOC). Ryan must file a charge within 180 days of the alleged discrimination. The EEOC will investigate the cost and determine whether sufficient evidence supports a discrimination claim. References: Crosby, F. J. (2019). Discrimination, harassment, and retaliation: The ABCs of employment law. Journal of Business and Psychology, 34(2), 161–173. doi: 10.1007/s10869-018-9543-1 Greenberg, J. (2019). Diversity in the workplace: Benefits, challenges, and the required managerial tools. Journal of Organizational Behavior, 40(1), 6–16. doi: 10.1002/job.2303 Krieger, L. H. (2019). Beyond the law: Ethical issues in employment discrimination litigation. Business Ethics Quarterly, 29(2), 253-278. doi: 10.1017/beq.2018.28 Phillips, K. W., & Goff, P. A. (2020). Diversity and inclusion: Advancing the conversation to the next generation of research. Journal of Social Issues, 76(4), 757–778.