EEOC v. Target Corp.
Philosophy and Number
Write a 2 paragraph response to each of the following questions:*
- Based on the information in the case, what mistakes did Target make in their record keeping process?
Based on the information in the case, the mistakes that Target committed in their record keeping process include throwing out applicants’ resumes instead of retaining them for a specified period of time as required by law and policies. Despite the fact that Target has its document retention policy and the law requires them to do so, some of Target’s employees (e.g., store manager) discard applicants’ resumes they deem unqualified for an ETL position (e.g., assistant manager) even when it is not yet time to throw them out.
In addition to the above, Target uses an employment recruitment website called Brass Ring, which is met with questions considering that not all of its employees follow the program. Several of Traget’s employees admitted they do not, for instance, send documents to Brass Ring; thus, an instance of not complying with the EEOC's document-keeping requirements.
- Did Target’s errors in record-keeping hurt their ability to defend themselves in court? Explain your answer.
Target’s errors in record-keeping hurt their ability to defend themselves in court because they failed to comply with existing laws and their own policy. Specifically, Target’s some of employees violated their own document retention policy despite the fact that HR managers visit each store bi-annually, conduct training, and policy reminders.
Not following the law is punishable by law. For this reason, it is evident from the information in the case (such as eyewitnesses’ testimonies) that Target violated its own policies and relevant law on record keeping.
3. What changes to the record-keeping process would you recommend?
Some of the changes that I would recommend to the record-keeping process include interviewing employees if they comply strictly with the company’s policies. There should be a centralized record keeping website where other key personnel have limited accounts. Consequently, the head of the human resources department should ensure that he/she visits from a regular basis the company’s document retention website to see whether resumes sent by applicants are retained for a definite period of time.
The Brass Ring, or other record-keeping websites, should have added features (such as retaining or discarding resumes that are still within the retention period or not, respectively), without sacrificing the utmost confidentiality of the applicants’s privacy.
References
Wisconsin Law Journal. (2006, August 28). 04-3559 EEOC v. Target Corp. (The Daily Reporter Publishing Co.) Retrieved from Case Digests: http://wislawjournal.com/2006/08/28/043559-eeoc-v-target-corp/
Wright, T. (2007). The Politics of Reversal: The Seventh Circuit Reins in a District Court Judge's Wayward Employment Discrimination Decision. Seventh Circuit Review, 3(1), 168-208. Retrieved from http://www.kentlaw.iit.edu/Documents/Academic%20Programs/7CR/v3-1/wright.pdf
