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Investigating Disparate Treatment and Disparate Impact

Chosen Scenario:

The manager of Human Resources, who supports the Marketing Department, has been contacted by an employee who has expressed the following: As a member of a marketing team where new clients are assigned equally among team members, this employee feels that he is being skipped over, and new clients are being assigned to others based on fit, which in his case, he perceives, is related to racial origin, i.e., Caucasian clients are being assigned to Caucasian team members, clients of color are being aligned with team members of color, etc. The employee has expressed his intention of filing a formal complaint and is seeking guidance and support from the Human Resources manager responsible for this department.

Question 1: Explain the investigation process (you do not have to outline an entire investigation). 

Question 2: As an HR manager, identify the first three steps you recommend the HR team take to begin to investigate this scenario. 

Question 3: Explain how the steps you are recommending are designed to protect the employees involved, while also protecting the organization from liability from the situation. 

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