1 Week 1: Case Study Sharome D. Strutchen George Herbert Walker School of Business & Technology Webster University HRMG 5700: Employment Law Mary F. Duggan, J.D. October 18, 2023 2 Summary Ali, an African American female employee, sued Mount Sinai Hospital for racial discrimination in violation of Title VII, alleging discriminatory enforcement of the employer's dress code. She claimed she was disciplined for violating the code while white employees were not. The court ruled in favor of the employer, stating that Ali had not provided evidence of discriminatory enforcement. Ali had violated the dress code by wearing a red dress and boots and a hairstyle that was not conservative. The court found that while Ali had shown she was a member of a protected class and was satisfactorily performing her duties, she had not shown that the dress code was applied to her in a discriminatory manner. The court found no evidence to support Ali's claim that the dress code was not enforced against other employees who were not Black. 1. What do you think of the way in which Ali was approached by Dr. Shields about her violation of the dress code? Does this approach seem advisable for a manager to do? What could have been done instead? Dr. Shields' approach towards Ali regarding her dress code violation could be viewed as inappropriate and unprofessional. Her comments about Ali belonging to a zoo or a disco were derogatory and could have been avoided. As a manager, it is essential to communicate professionally and respectfully, especially when addressing sensitive issues like dress code violations. Instead of disparaging remarks, Dr. Shields could have privately discussed the violation with Ali, explaining the dress code policy and the importance of adhering to it professionally. 3 2. How much of a role do you think different cultural values played in this situation? Explain. Cultural values may have played a significant role in this situation. Ali's choice of attire and hairstyle could be reflective of her cultural background and personal expression. However, these choices conflicted with the conservative dress code policy of the hospital. The situation highlights the need for employers to be sensitive to cultural diversity while enforcing dress codes. 3. What can the employer do to avoid even the appearance of unfair enforcement of its dress policy in the future? To avoid the appearance of unfair enforcement of its dress policy in the future, the employer can take several steps. First, the employer should ensure the dress code policy is clearly communicated to all employees. This includes providing each employee with a written copy of the policy and explaining it during orientation or training sessions. The policy should be specific and detailed, outlining acceptable and unacceptable attire. It should also include the consequences of violating the policy. Second, the employer should consistently enforce the dress code policy without any exceptions. Any perceived inconsistency in enforcement can lead to allegations of discrimination. Supervisors and managers should be trained to enforce the policy consistently and to document any violations and the steps taken to address them. Third, the employer should regularly review and update the dress code policy to ensure it is still relevant and does not inadvertently discriminate against certain groups. For example, policies prohibiting certain hairstyles or religious attire can be considered discriminatory. 4 Lastly, the employer should provide a platform for employees to voice their concerns about the dress code policy. This can be done through regular meetings, suggestion boxes, or anonymous surveys. Allowing employees to express their concerns allows the employer to address any issues before they escalate into legal disputes (Harris, 2017). 5 References Bennett-Alexander, D. D., & Hartman, L. P. (2022). Employment law for business. McGraw Hill LLC. Harris, M. M. (2017). The impact of dress code policies on employee performance and satisfaction. Journal of Business and Management, 19(2), 89–104.
