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HR Scenario

Michael Miller
Role Play
Shareen: As played by Christian
(Nutrition Assistant)

Adam: As played by Ahmed (Nutrition


Assistant)

John: As played by Norma (Kitchen


Supervisor)

*Disclaimer - While this role play may be funny, there is nothing funny about the actual situation
or what happens to the characters portrayed in the role play.
Situation
Shareen (Nutritional Assistant) mentioned
that she was so tired.
Adam (Nutritional Assistant) responded; Did
you get some last night - is that why youre so
tired all of the time? Your husband must wear
you out.
John (Head Cook) sat by quietly while Dan
and Juanita laughed.
Shareen tells Miko she is embarrassed as
Miko notices her watery eyes.
Important Information
Adam made a sexual comment toward Shareen that clearly impacted
Shareen (watery eyes, telling Miko she feels humiliated and
embarrassed).
Shareen reported what happened to her to the principal after talking to
Miko.
John, the kitchen supervisor, observed the situation but sat quietly
without responding.

So what exactly is(are) the problem(s) here? (Turn and talk)


Applicable Statutes and Policies
Statute - 363A.03 - Subd. 3: Sexual harassment includes...

"Sexual harassment" includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other verbal or physical conduct or communication
of a sexual nature when:
(3) that conduct or communication has the purpose or effect of substantially interfering with an
individual's employment, public accommodations or public services, education, or housing, or
creating an intimidating, hostile,
or offensive employment, public accommodations,
public services, educational, or housing environment.
Minneapolis Public Schools Policy 4002 & 4002B
Section N. Sexual Harassment shall mean(d.) verbal or physical
conduct or communication of a sexual nature(2) when: (a) the
behavior is unwelcome (3) Sexual harassments includes but is not
limited to the following behaviors: (a) Unwelcome statements of a
sexual nature.

So what exactly does that mean?


From the Text
In 1980, the Equal Employment Opportunity Commission declared sexual harassment to
be a violation of Title VII of the Civil Rights Act of 1964 (Rebore, 2012, p. 46)

Hostile environment discrimination - unwelcome sexual conduct interferes with the


employees job performance.

School districts are liable for the actions of their administrators


and supervisors when these individuals are agents for the school
district at the time of the harassment (Rebore, 2012, p. 47).
Impact of Policy/Statute on Situation
1. The actions of Adam would be considered sexual harassment.
2. John, as the supervisor, should have dealt with the situation
immediately and may be subject to discipline for not acting.

The school district is liable if the agents, administrators and supervisors knew or should have
known about the harassment and did not do anything (from the text).
What would you do?
As the principal of the
school, responsible
for dealing with the
situation, how would
you respond?
Investigative Procedure
1. Talk to Shareen - initial contact as she makes the report.
2. Adam - get the story from the accused (Due Process)
3. John - what he observed/heard; why didnt he say/do
something?
4. Other kitchen staff as needed.
a. If Shareen, Adam and John all have the same story there may not be a
need to talk to other kitchen staff
Sample Questions for Adam and John
Adam
1. Why do you think I asked you here today?
2. Tell me a little bit about the conversation you had at lunch last Thursday?
3. Tell me about the interaction between you and Shareen on that day?

John
1. Describe the interaction between Adam and Shareen last Thursday?
2. What do you believe your role is when conflict comes up between people you
supervise?
3. Help me understand why you chose not to speak up when Adam made the
comment toward Shareen.
Resolution - Written Reprimand
1. Provide Adam with a Tennessen Warning
2. Give Adam a written reprimand in his personnel file for sexual
harassment

1. Provide John with a Tennessen Warning


2. Give John a written reprimand in his personnel file for not responding to
or reporting sexual harassment as a supervisor.

You be the judge: Fair, Too Harsh or Too Lenient?


Ethical Considerations
1. The situation created a hostile work environment for Shareen, it is essential that
she feel safe and comfortable at work.
2. Adam has the right to Due Process
3. Prior to starting the investigation, a Tennessen Warning must be give to both
Adam and John.
4. Weingarten Right and Loudermill Hearing for Adam and John
5. Both Adam and John need to understand that retaliation may result in
termination.
Pro-Active Action to Avoid Future Occurrence and Next Steps
To prevent any further instances of sexual harassment a whole staff
professional development on sexual harassment will be required.
I would also require that Adam attend a seminar/workshop on sexual
harassment.
Finally, I would have a conversation with John about supervision and
that he is responsible for responding to and reporting these
situations.
Data

Public Data - A complaint was made against Adam and


John; both Adam and John received written reprimands.

All other data is private data.


Questions?
Reflection
How does this relate to being in a school
on a Tuesday?
(Turn and Talk)
Reflection
School districts are liable for the actions of their
administrators and supervisors when these individuals are
agents for the school district at the time of the harassment
(Rebore, 2012, p. 47).
References
Definition, Minn. Stat. 363A.03 Subd. 43 (2016).

Minneapolis Public Schools Policy 4002. Harassment and Violence Prohibition: Protected Classes. (2010).

Retrieved from http://policy.mpls.k12.mn.us/uploads/4002-Harassment_and_ Violence_Prohibition.pdf

Minneapolis Public Schools Policy 4002B. Definitions: Harassment and Violence. (2012).

Retrieved from http://policy.mpls.k12.mn.us/uploads/4002_b_2.pdf

Rebore, R. W. (2012). Essentials of Human Resources Administration in Education. New Jersey:

Pearson.

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