SCENARIO 2: DAY AND ZIMMERMANN Day and Zimmermann is a nationally known construc
ID: 383580 • Letter: S
Question
SCENARIO 2: DAY AND ZIMMERMANN
Day and Zimmermann is a nationally known construction management and staffing firm
with offices in Philadelphia and in other major cities that primarily serves the nuclear
power industry. In 2016, Day and Zimmerman found itself in a significant legal trouble
based upon how it handled a disability and retaliation case filed in 2015.
In Boston in 2015, Day and Zimmerman hired electrician Gordon Marsh for a large
project. He asked for an accommodation that would keep him away from radiation. The
accommodation was refused because the company stated there was no radiation to be
exposed to; Marsh filed a charge with the EEOC.
Day and Zimmerman’s attorney notified all 146 employees hired for the project that the
charge was filed and that the EEOC might contact them. She explained her action by
saying there would be less confusion and administrative hassle. Unfortunately, the
notification also included Gordon Marsh’s name and address and details about his
medical condition.
QUESTIONS:
1. By releasing all of the information to all 146 employees hired for the Boston
Project, how did the attorney’s attempt to inform them create a human resources
problem for the group? For Marsh?
2. What was the impact of releasing the information about Marsh’s EEOC charge
on his legal case (the charge itself) against Day and Zimmerman?
Explanation / Answer
Question1
In this case discussing to broad Day and Zimmerman Nuclear Power Industries( DZNPS ) hired approximately near to 150 electricians including Gordon Marsh .When the training was started Marsh came up with a doctor's note stating that he could not work at the radiation spot due to his lung disease as per doctor suggestion and requested for the reasonable accomodation. Because of this reason DZNPS company terminated Marsh instead of providing suitable accomodation.
After few days Marsh filed a case on DZNPS on violation of ADA ( American with disabillity act ) to EEOC (Equal Employement Opportunity Commission) to deliver a charge against DZNPS.
To overcome this situation the attorney of DZNPS sent a letter of information to the remaining 146 employees of Current project Boston contains the following lines.
" It is your decision whether you wish to speak with the investigator and your decision will not have an adverse impact on your current or future employment with DZNPS. . . . DZNPS also prohibits any form of retaliation against an employee, including those who chose to participate in the EEOC investigation.
If you choose to speak with the EEOC investigator and would like to have a counsel for DZNPS present while you speak to the investigator, please let us know and we will make the necessary arrangements."
So in this way awared all the staff that EEOC might contact them regarding the case of Marsh.
So this manner of publicizing Marsh's charge DZNPS seems to be interfere with workers rights and witnesses while communicating with EEOC to express the opinions freely.
It is a great intimidation to the workforce in order to make them silent or not to speak anything against to DZNPS at the process of EEOC investigation.By inculcating thoughts among workers like if they speak wrong the employer may posess punishment on their regular duties and wages influences them highly.
The pre processed step of DZNPS ensures that fear causes harder for employees to come forward to speak with EEOC to support Marsh to avoid the risk of their own life's.
Question2
The impact on DZNPS
The case situation and the management decision to pre intimation about the charge of EEOC regarding Marsh Case to its employees , approximately remains them at confusional stage to speak with EEOC really directs to great effect on Day and Zimmerman Nuclear Power Industries.
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