YOU CAN'T PRINT THAT Background

Southern California Gas Company operated a printing facility comprised of two separate divisions. The reproduction unit wasresponsible for duplicating materials to be used primarily within the company. The quality of the work did not have to be extremely high. Most of the forms were printed in single color, using a multilith $1250$ and paper plates. The press unit was responsible for all higher$-$quality graphics for the Company s internal and external use. lhe equipment used in this section was more sophisticated than that in the reproduction unit. The Hamada $600$ used metal plates and rull color. The operators had to be very well trained in both alignment procedures and plate production. Employees were allowed to bid on jobs and thus receive promotions within both units. Two employees from the reproduction unit had been promoted to the press unit for short periods of time. Through the company's policy manual, employees were allowed to try a higher$-$level position for $90$ days, then return to the previously held position if dissatisfied with the new one. Both employees who had moved into the press unit chose to return to the reproduction unit, due to lack of training and experience necessary to operate the equipment. At the request of Gail Neloms, the company personnel director, the quallfications for the position or pressroom attendant were increased.The company was planning to add additional work into the unit, and thus stricter controls and better quality were necessary. The added requirements for the attendant jobs were approved by company managers, John Hauser & Cindy Collins. The new qualifications were put into effect in the fall of $1985.$ Jane Jenkins applied for the position of pressroom attendant once before the new qualifications were adopted. At that time, a more senior emplovee received the iob. This senior worker returnedto his prior job, after the qualification were changed. Jenkins again applied for the job, only to learn that she was no longer qualified under the new requirements. She filed a grievance claiming the company's change in policy was unfair in its impact in relation to the promotion of women.The Company's PositionSouthern California Gas Company was seeking to further its operation of an in$-$house print shop. It was attempting to cut the number of jobs sent to external printers by increasing the quality of its operation, as a result, managers felt the need to have only qualified employees who did not require a great deal of additional training. Prior negative experience with undertrained employees transferring into the print unit had further served to emphasize this opinion. Thus, management had no option other than upgrading the minimum qualifications for the pressroom attendant position. The timing of the new qualification requirements came at a time when there were no job openings. The company feels this should prove there was no discrimination intended against anyone by this action. This was nothing more than a decision based on business necessity.Jenkins' PositionJenkins and her representatives arqued that the actions of the company clearly violated the company's stated policy, Title VII of the Civil Rights Act of $1964,$ and other discrimination laws.The new requirements amounted to disparate treatment or females and created an adverse impact on women as a class since in the past women had not had the opportunity to receive the now required training.As a remedy to the situation, Jenkins requested that the company reinstate a cross$-$training program for women.She felt this would allow her the opportunity to gain the additional experience she needed in order to move into the printing unit. She filed agrievance to obtain this, a position as pressroom attendant, and full back pay.

YOU CAN'T PRINT THAT

$1.$ Was the company using disparate treatment in the change of policy? Why or why not?

$2.$ Did the company have an obligation to provide tne requested training? Explain.

$3.$ Were the additional qualifications of business necessity? What would an organization need to have business necessity?

$4.$ How would you decide in this case? Explain.