Recruiting, Retention, and Development
Introduction
Many people are familiar with the term discrimination and know that is in unlawful to
discriminate against others in the workplace. The most common form of discrimination is called
disparate treatment. “Disparate treatment occurs where members of a race, sex, or ethnic group
have been denied the same employment, promotion, membership, or other employment
opportunities as have been available to other employees or applicants” (29 CFR § 1607.11 -
Disparate Treatment., n.d.). The employer has a responsibility to prevent and address any
discrimination against their employees, therefore, it is crucial that employers understand what
disparate treatment is and what the effects are on the company.
, Gogel vs Kia Motors
Andrea Gogel was hired at Kia in 2008 as a Team Relations Manager. In 2009, Kia
reorganized the company positions. Numerous managers where designated as Head of
Departments for their particular sections, however, she was passed up for a promotion for a male
that did not work in her department. “Gogel observed that Kia designated all the male senior
managers as HODs (Head of Departments), and that she was the only senior manager who did
not become HOD of her department” (Andrea Gogel V. Kia Motors Manufacturing of Georgia,
INC., 2019). She brought up the issue several times with her supervisor, stating that she felt that
she was passed up for the promotion due to being female. The complaint was brushed off. She
then filed an official complaint with EEOC in 2010. Upon receiving the charge, Kia coerced
Gogel to sign a document that stated she had to refrain from discussing her EEOC complaint
with other employees, by putting her on suspension until the document was signed.
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