Question
Sally Tunes has been employed by Storm Enterprises since January 4, 2021. She was initially hired as an HR coordinator, performing mainly administrative HR tasks
Sally Tunes has been employed by Storm Enterprises since January 4, 2021. She was initially hired as an HR coordinator, performing mainly administrative HR tasks and directly reporting to the Chief Executive Officer, Eddie Storm.
The company develops and manufactures advanced biomedical technologies, including the equipment used by researchers to discover cures to the world's deadliest diseases. Among other breakthroughs, Storm Enterprises helped develop an at-home device to run PCR tests for COVID-19 and as a result of this success, grew quickly after the device was released. During 2020, Storm Enterprises had 10 employees for the entire year. Along with Sally, they hired a few employees during 2021 and their roster increased to 13. The COVID-19 testing device launched in September 2022, resulting in a huge increase of employees, and the employee count in 2022 was as follows:
Staff Payroll 2022
January 1 - March 31: 13 employees
April 1 - June 30: 14 employees
July 1 - September 30: 15 employees
October 1 - December 31: 90 employees
Anticipating this rapid growth, Storm Enterprises decided to expand its HR department and added an HR manager position. On February 2, 2022, Eddie Storm shared with Sally that he wanted to promote from within and encouraged her to apply for the role. Subsequent to this conversation, Eddie hired a Chief Operating Officer, Susan Thomas, who took over responsibility for hiring for the position.
Although Sally applied as Eddie suggested, Susan notified her on February 13, 2022 that she was not selected for an interview. One of Sally's male colleagues, Bill Washburn, was hired for the HR Manager position on February 16, 2022. Although Sally was disappointed, she was happy to support Bill in the role and believed in Storm Enterprises' mission to manufacture medical equipment that saves lives.
Sally was lingering near the appetizer table at the company holiday party on December 10, 2022 when she overheard Eddie introducing Bill to his wife. Eddie stated, "Bill is one of our newest members of the management team. He is trustworthy and reliable... he has some kids at home but thankfully his wife doesn't work so she looks after them. No kid duty to get in the way of business for Bill!"
At that very moment, Sally received a text from her babysitter that said "Something came up and I can't watch baby Emma anymore - can you be home in 20 minutes?" She felt sick to her stomach with dread, realizing how hard it had been to balance her job with single motherhood. Tears of frustration pricked her eyes as she gathered her coat and purse and rushed out of the party.
As she sat on the floor with Emma the next morning, helping her build a block tower, she contemplated the unfairness of the situation and thought about what she might do about it.
Write a 1 page but no more than 2 page analysis that addresses the following questions:
- Which federal discrimination employment laws must Storm Enterprises comply with? Why?
- Which of these laws might Storm Enterprises have violated and why?
- How much time does Sally have to file a discrimination charge with the EEOC? When does the time for her to bring her charge to the EEOC start running? What facts support your conclusion?
- Can you think of a reason Storm Enterprises should make every attempt to comply with all federal employment laws no matter how many employees they currently have?
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