Introduction
Yajana Schwank is employed as an assistant manager in the accounts payable department at Creativity Checklist, Inc., a consulting firm based in Montecito, California. On June 28, 2013 Ms. Schwank filed a complaint for discrimination against Creativity Checklist, Inc. The complaint cited her gender and Latino ethnicity as the reasons that she was not granted a promotion to the position of accounts payable manager. Instead, a white male was promoted to that position. Management at Creativity Checklist, Inc. responded that, despite Yajana’s employment for five years at the company, the choice not to promote her was the result of her own refusal to conform to management requests and warnings regarding …show more content…
Yet her charge of employment discrimination is likely to fail, due to documented claims by Creativity Checklist, Inc. that Yajana had received several counseling sessions and written warnings about her involvement in loud arguments at work, and chronic tardiness. The promotion of a white male to the position of accounts payable department manager may at first appear to be valid, since the man had less experience working in the department than Yajana did.
The documented reasons that Yajana was not promoted could also be applied to any worker, including a white male. The decision regarding which qualified worker to promote involves consideration of the effect on other employees working in a company. Creative Checklist, Inc. is likely to claim that if they had promoted Yajana to a position of increased authority, the impact of her persistent behavior involving loud arguments and refusal to begin work at the appointed time, would have been magnified. This would have comprised a significant distraction for her co-workers. In addition, promoting Yajana was likely to harm the career prospects of her co-other workers, since disruptive behavior prevents employees from concentrating on