1) This document summarizes a case of age discrimination against Bobby Dean Nickel by Staples. Mr. Nickel, who was 64 years old at the time, endured harassment and name-calling from coworkers and managers due to his age.
2) After refusing to resign, Mr. Nickel faced false accusations and increasing harassment, including being suspended for taking a 68-cent bell pepper from the company cafeteria. He filed a lawsuit in 2012 and was ultimately awarded $3.2 million.
3) The summary outlines laws violated in the case, such as the Civil Rights Act, and steps managers could have taken to prevent discrimination, like diversity training and cultural sensitivity seminars.
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RunningHead:RACIAL,ETHNIC,ANDCULTURAL PREDJUDICE
Abstract
The Nickle’s case is a case that if often seen within the aging
community. Mr. Nickle’s a seasoned employee whom was verbally
attacked by co-workers and managers due to his age, filed a law suit in
the sum of 3.2 million against Staples store. This essay discussion will
elaborate on the diverse aspects of the underlined issues within the
case and possible steps that could have been taken to avoid such a
lawsuit.
Racial, Ethnic, and Cultural
Prejudice in the Workplace
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LEADING DIVERSE TEAMS
BY: TUNISIA I.E. AL-SALAHUDDIN
COLOFADO STATE UNIVERSITY-GLOBALCAMPUS| INSTRUCTOR: Dr. Amy
Hakim
2. RACIAL, ETHNIC, AND CULTURAL PREDJUDICE 1
Introduction
Staples is a company that was founded in 1986 in Farmington Massachusetts by to business
owners Leo Kahn and Thomas Stemberg. In February of 2014 Mr. Nickel was awarded a
judgement on 3.2 million within his civil rights lawsuit. Mr. Nickle whom has his rights violated
and also the target of antics and staged remarks by co-workers at office meetings based on his
age had filed the lawsuit in March of 2012 soon after he was fired in July 29, 2011. The
discussion within this essay will be based off the civil rights violations that Staple conveyed per
their employees. The behavior of Staples employees violated every aspect of the Acts and
Amendments. The Los Angeles Daily News reported, “Bobby Dean Nickel, 64 when he lost his
job, was hired by Corporate Express in August of 2002 as a facilities manager. Staples Contract
and Staples Inc. acquired Corporate Express in 2008. For nine years, Nickel received positive
job reviews, according to his Los Angeles Superior Court lawsuit, filed in March 2012. Because
Corporate Express’ pay scale was higher than that of employees hired by Staples, Nickel alleged
in his complaint that his mangers wanted to discharge older, higher paid employees” (LADN,
2014).
I will discuss measurable steps that could have been taken by Staples I will also discuss
ways that managers can deal with employees that convey any form of discrimination or
harassment within the work place toward their peers.
Thesis Statement
The negative effects can be within the stock market and, a depreciation in the quantity of
customers that shop at the stores. Staples supply stores have closed many of their stores but not
3. RACIAL, ETHNIC, AND CULTURAL PREDJUDICE 2
based off this stated case nor racial equality. This case is based off age equality and how many
people within the aging community are treated.
Racial, Ethnic, and Cultural Prejudice
Summary of the Situation
Case Name: Bobby Dean Nickel v. Staples: This case is regarding the violation of civil rights
laws that where broken while Mr. Nickle worked as an employee at Staples and also the
harassment he endured as a Staples employee.
Cultural Competence
Elderly or Aging Community: How did Staples handle elderly employees and how did they
treat the aging community as a whole which also ask the questions regarding the moral ethics of
the company.
How was Racism Implied
The act of racism did not come to Mr. Nickle by way of being out right forefront, but in a
deceptive vicious manner or what one would say as being condescending or in a dandified
minstrel show type of way.
Nickel’s complaint also stated that he was a regular butt of jokes at staff meetings and
was referred to as “old coot” and “old goat.”
After he refused to resign when prompted to by a manager, he underwent a series of false
accusations and increasing levels of harassment from co- workers and a manager,
including being suspended for taking a bell pepper worth 68 cents from the company
cafeteria, according to the lawsuit.
4. RACIAL, ETHNIC, AND CULTURAL PREDJUDICE 3
Because Corporate Express’ pay scale was higher than that of employees hired by
Staples, Nickel alleged in his complaint that his mangers wanted to discharge older,
higher paid employees.
(LADN, 2014)
The act of discrimination toward Mr. Nickle and also his co-workers staging a plot to have
him fired which did occur on July 29, 2011 base off Mr. Nickle supposedly taking a bell pepper
home from the company cafeteria. This was part of a stream of allegations that employees wrote
up about Mr. Nickle to see him laid off.
What Governmental Acts and Laws where Broke
The Civil Rights Act of 1875
The Civil Rights Act of 1957
The 1964 civil rights Act
American Employees Equity Act of 1991
The Fifteenth Amendment (Amendment XV)
The Negative Effects on the Company
The down fall of this law suit may have possibly opened the door for others within the
company to file suit regarding the same situation or similar offensives. The negative effects can
be within the stock market and, a depreciation in the quantity of customers that shop at the
stores. Staples supply stores have closed many of their stores but not based off this stated case
nor racial equality. This case is based off age equality and how many people within the aging
community are treated.
Steps I May Have Taken IF I Where Manager
5. RACIAL, ETHNIC, AND CULTURAL PREDJUDICE 4
3 Action Steps Before
Action is a form of ACTS that can be implied within the company to ensure that
discrimination does not happen to the hired employees. Upon reading the details of the case and
how Mr. Nickel’s endured ridicule and hardship before he got fired should have been avoided at
all cost. Steps that should have been taken are:
Proper training regarding peers regarding racism.
Making sure that all managers have a good understanding about equality within the work
place.
Enforce ACTS even if you have to write up ACTS to be enforced within the company
policy and procedure manual.
Make employees participate in a cultural diversity seminar.
Have a no tolerance for any form of discrimination.
3 Action Steps After.
Make it mandatory that all employees take a cultural diversity seminar.
Enforce company ACTS regarding racism
Fire all the employees that wrote up allegations on Mr. Nickle without any compensation
for being false witnesses to any wrong doing of Mr. Nickel.
No employee should be rewarded or compensated for putting a person in harm, in an
unemployment status, or even causing an innocent man or woman to lose their job and financial
stability based off them merely wanting their position. These steps after this case should
hopefully be followed and also a wakeup call to other businesses and organizations. The Health
Care Biller a medical journal reported, “Generally, discrimination on the basis of age is
6. RACIAL, ETHNIC, AND CULTURAL PREDJUDICE 5
prohibited against any individual who is 40 or older. An employer is prohibited from
discrimination against any individual on the basis of age in matters of employment, including in
hiring, firing, promotion, terms or conditions of employment, compensation and retirement and
health insurance plans or benefits” (HCB, 1999). Per their contributors even within the health
filed as an employee the practice of discrimination is highly frowned upon. Elderly employees
are more common now considering they are taking better care of their bodies and some are in
better health than their younger peers.
Conclusion
It was clearly evident and proven within the judicial system that Mr. Bobby Nickle was
harassed and discriminated against as an elderly employee of Staples. This case can be an
example of how the judicial system can work in favor against racial discrimination and in favor
of racial equality within the aging community. This can also be an example case for students and
lectures regarding diversity within the work place and how do deal with the culture of the new
working elderly. These are steps to avoid discrimination within the work place when working
with diverse teams of people. Diversity is not just color, but also age as well.
7. RACIAL, ETHNIC, AND CULTURAL PREDJUDICE 6
References
ACTS. Retrieved April 23, 2015, from http://www.gpo.gov/fdsys/pkg/STATUTE-
78/pdf/STATUTE-78-Pg241.pdf
All Bill Information (Except Text) for H.R.1694 - American Employees Equity Act of
1991102nd Congress (1991-1992). Retrieved April 23, 2015, from
https://www.congress.gov/bill/102nd-congress/house-bill/1694/all-info
How to prevent discrimination in the workplace. (1999). Health Care Biller,8(3),9
Fifteenth Amendment to the United States Constitution. Retrieved April 23, 2015, from
http://en.wikipedia.org/wiki/Fifteenth_Amendment_to_the_United_States_Constit ution
L.A. man awarded $26M in age discrimination lawsuit against Staples.Retrieved April 23,
2015, fromhttp://www.wbjournal.com/article/20140307/METROWEST01/140309960/la-
man-awarded-26m-in-age-discrimination-lawsuit-against-staples
66-year-old man awarded $26 million in age discrimination lawsuit against Staples.
Retrieved April 23, 2015, from http://www.dailynews.com/general-
news/20140227/66-year-old-man-awarded-26-million-in-age-discrimination-
lawsuit-against-staples