Here is their current Sugar Rush company Human Resource challenges: -Sugar Rush Inc. is in receipt of a letter from the Equal Employment Opportunity Commission (EEOC) regarding a candidate who has filed a Discrimination Claim. Jeremy Smith, the candidate, is a 35 year old African American Male. He applied through the Company Website and was interviewed. During the interview, Sugar Rush Sr. HR Manager, Michelle Cocoa, inquired as to Jeremys outside interests. The question she posed, What do you enjoy doing when not at work? Jeremy conveyed different groups he volunteers for including ACLU, NAACP and the local LGBT Chapter. Subsequently, he received a Regret Letter two days later. It has come to light that five (5) applicants were interviewed via employee referrals. All 5 candidates were Caucasian. He filed a complaint with the EEOC and Sugar Rush Inc. is now in receipt of the letter which needs to be responded to. In addition, the EEOC is calling into question if there is a formal Referral Policy which there is not. What about the general HR Policy?

EEOC Letter:

Mr. Nicholas Sweet

President & CEO

SUGAR RUSH INC.

1234 Mary Jane Avenue

New York, NY 10000

Dear Mr. Sweet,

This letter is being sent in accordance and in compliance with Equal Employment Opportunity Commission (EEOC) Section: 0001. This correspondence is in response to a letter received and written by a Mr. Jeremy Smith.

EEOC Compliance Officer, Jenny Yang, has conducted a preliminary investigation in a compliant made by Mr. Smith in which the allegation is that Sugar Rush Inc. has violated Title VII of the Civil Rights by conducting recruitment activities which discriminate against a candidates race, ethnicity, national origin and sexual orientation.

ALLEGATION STATEMENT: On Monday, April 6, 2020, Mr. Jeremy Smith, a 35 year old African American Male, interviewed for the position entitled Customer Service Supervisor. During the interview process, it was conveyed to Mr. Smith that Sugar Rush Inc. had already interviewed a number of other candidates through the process of employee referrals. Mr. Smith contends that several of the questions pertained to his outside interests and asked if he belonged to any groups or associations that Sugar Rush Inc. would find interesting or want to learn more about. Mr. Smith claims to have informed Ms. Michelle Cocoa, Sr. Human Resources Manager that he belonged to the following groups: Association of Young Americans, ACLU, NAACP and the local LGBT Chapter. Mr. Smith further contends that his interview lasted two (2) hours in duration. On Wednesday, April 8, 2020, Mr. Smith received a letter from Sugar Rush Inc. indicating that he was not selected for the position. It must be noted that the EEOC has since determined that the prior five (5) applicants for the same position were sourced through employee referrals and all were all Caucasian.

At this time, we request that Sugar Rush Inc. respond the following:

1. Official Response as to whether Sugar Rush Inc. feels it violated Title VII of the Civil Rights Act?

2. Does Sugar Rush Inc. maintain an employee referral policy?

3. Do you wish to engage in a settlement discussion? Thank you in advance for your cooperation and attention to this matter. We expect to receive your response no later than August 2020. Please note that this letter is an informal discussion of the issues raised and should not be considered an official opinion of the EEOC.

Sincerely,

Carol Martin

Assistant Legal Counsel EEOC.

Jeremy Smith Resume:

QUALIFICATIONS OVERVIEW:

Resultsoriented Customer Service Supervisor with over 7 years of experience in enhancing customer service. Seeking to take next career step with a respected organization dedicated to delivering world class service and enhancing customer satisfaction. Accomplished in leveraging performance metrics to improve customer interactions and outcomes. Dedicated leader with the ability to lead teams to process and manage large account volumes without compromising service or quality.

PROFESSIONAL EXPERIENCE:

CUSTOMER SERVICE SUPERVISOR 6/1/2018 Present

BAYSIDE LIFE SCIENCES

- Direct team of 5 customer service representatives to achieve service initiative objective and maximize customer satisfaction.

- Oversee hiring and training of customer service staff to further company goals and sustain high customer service benchmarks.

- Manage monthly customer service and shipping metrics; evaluate error rates, call volumes, and customer complaints, and develop and implement plans to correct deficiencies in service.

- Develop, implement, and update best practices to streamline operations, standardize processes, and enhance customer service.

- Strengthen relationships with key internal staff across shipping, manufacturing, and quality assurance departments to optimize customer service processes and procedures.

SR. CUSTOMER SERVICE REPRESENTATIVE 5/1/2010 5/31/2018

ZACCSON TELECOMMUNICATIONS, INC.

- Reviewed and processed customer purchase orders and advised customers of potential backorders or delays.

-Coordinated with manufacturing teams to meet customer purchase order demands.

-Fielded and addressed customer inquiries, and investigated and resolved complaints and grievances.

EDUCATION:

Hunter University

Bachelors of Science: Marketing / Business.

Customer Service Supervisor job description: OVERALL RESPONSIBILITY: The Customer Service Supervisor position is responsible for processing orders for company products and services, expediting and coordinating flow of work within or between internal departments, and reviewing agreements or proposed agreements for conformity to company rates, rules, and regulations. This position reports to the Customer Service Manager. ESSENTIAL FUNCTIONS & KEY AREAS OF RESPONSIBILITY: 1-Supervises a staff of customer service representatives that respond to requests from customers by phone or e-mail and manages service volume and ensure quality levels are attained. 2-Trains and coaches staff in standard policies, procedures, and best practices. 3- Identifies opportunities for operational improvements and implements solutions. 3- Monitor staff performance and have responsibility for hiring and performance appraisal. 4-Resolve complex customer service issues 5-Product customer service quality control reports on a monthly basis. 6-Work beyond the normal hours of operations when needed. ANCILLARY RESPONSIBILITIES: 1-Assist administrative staff, as necessary. 2-Respond to consumer requests to control elevated customer service issues at the Service Counter. 3- Complete and administer performance evaluations for direct reports. 4-All other duties as required or needed. QUALIFICATIONS: 5-Word, Excel, Power Point 6-SAP knowledge helpful Knowledge of customer services practices and procedures Excellent verbal and written communication skills 7-Excellent time and project management skills. EDUCATION, SKILLS & EXPERIENCE: -B.A. or B.S in Business or Marketing. -5+ years customer service experience. - 2+ years supervisory experience in a call center.

Question: You have been hired by Nick Sweet as an HR Executive Consultant for Sugar Rush Inc. You will be asked to provide your evaluation and recommendation as to how to handle the issues that the Company is presently dealing with. Here is what is expected in your Final Project:

EEOC Response:

Provide your feedback and recommendation to Mr. Sweet on how to handle this situation internally for Sugar Rush Inc. Do you feel there is a valid concern? Did Sugar Rush Inc. violate Title VII? If so, how should it be addressed? Do you have any concerns regarding the interview question that Ms. Cocoa asked and what could have been done to not illicit those responses or what could have been said after they were given?