Binder Kadeer Watermarked TP 23 Discrimination

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Binder Kadeer: Consultation
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in the Company
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Teacher’s Package
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A university consortium dedicated to developing the theory and practice

of negotiation and dispute resolution. Harvard | MIT | Tufts
PROGRAM ON NEGOTIATION AT HARVARD LAW SCHOOL
AN INTER-UNIVERSITY CONSORTIUM TO IMPROVE THE THEORY AND PRACTICE OF CONFLICT RESOLUTION
Binder Kadeer: Consultation in the Company
Teaching Notes
Summary
This simulation can be run as either a three-party or four-party consultation exercise in skill
development. If played by three parties, one Human Resources Consultant consults
sequentially with the Manager and the Employee. If played by four parties, two Human
Resources Consultants consult one on one with the Manager and with the Employee, and then
pairs and roles are reversed, so that each player has an opportunity to play consultant and
consultee. Key lessons include the role of the consultant in:
• stabilizing emotions and de-escalating conflict.
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• reality testing and providing neutral feedback.
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reframing problems.
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• clarifying and exploring options and developing workable strategies.
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Scenario
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THE COMPANY has employed Binder Kadeer for eight years, since he immigrated to the United
States from Malaysia, where he was employed in several minor managerial positions.
Management reports indicate that he is a good employee, but he has remained in customer
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field engineering services for several years without a promotion. Believing that he has been
unfairly treated, Kadeer files a complaint with THE COMPANY'S office, charging his manager, B.
Holmes, with discrimination. The case is referred to a Human Resources Consultant, with the
hope that consultation with both parties can clarify the situation and lead to problem solving.
The purpose of the simulation is for the HR Consultant to consult with and assist the parties in
managing the situation. The HR Consultant should not attempt to mediate a resolution
between the parties.
Timeline: The total time required is 2 hours and 25 minutes.
Pre-Game Discussion
This exercise was written by Peter Shapiro with the assistance of Lawrence Susskind and Deborah Kolb, for the Program on Negotiation at
Harvard Law School. Copies are available from the Teaching Negotiation Resource Center (TNRC), online at www.pon.org, by email:
tnrc@law.harvard.edu, or by telephone at 800-258-4406. This case may not be reproduced, revised, or translated in whole or in part by any
means without the written permission of the TNRC Coordinator, Program on Negotiation at Harvard Law School, 501 Pound Hall, Cambridge,
MA 02138. Please help to preserve the usefulness of this case by keeping it confidential. Copyright © 1988, 1995, 2004, 2006, 2022 by the
President and Fellows of Harvard College. All rights reserved. (Rev. 12/22)
Binder Kadeer: Teaching Notes
What is Consultation? 10 minutes
Execution of Game
Individual Preparation 15 minutes
• Instructor hands out General Instructions and Confidential Instructions.

• Players read materials.
• Players write down the outcome they are seeking.
Group Preparation 15 minutes
• Players meet in their respective role groups, (Managers, Employees, and HR

Consultants), to discuss their roles and strategies.
• Remind the Human Resource Consultants that their role is to consult with the
parties on how to manage the situation, not to mediate a resolution between the
parties.
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Conducting the Exercise (Two Options) 60 minutes
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(For groups of three)
• HR Consultant consults with Employee for 30 minutes while Manager observes.

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• HR Consultant then consults with Manager for 30 minutes while Employee observes.
(For groups of four)

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• Each HR Consultant consults with one player (either Employee or Manager) for 30
minutes; then the two HR Consultants take the roles of Employee and Manager and
the former Employee and Manager assume the HR Consultant roles.
• Each (new) HR Consultant consults with one player (either Employee or Manager)
for 30 minutes.
Post-Game Debriefing 45 minutes
Commonly Asked Questions About Logistics
1. Why should we not try to settle this dispute?
You have not been asked to settle the dispute. Rather, your role is to strengthen
the capacity of managers and employees by assisting all parties in considering
their options and dealing with their feelings.
Copyright © 1988, 1995, 2004, 2006, 2022 by the President and Fellows of Harvard College. All rights reserved. (Rev. 12/22) 2
2. What is THE COMPANY'S promotion policy? Are promotion decisions based on

established criteria?
THE COMPANY is bound only by its policy statement (see Appendix B). Remind
the Manager and the HR Consultant to consult Appendices B and C to clarify
Kadeer's employment history and current status.
3. Do I have to abide by my Confidential Instructions and behave in character?
Yes. To meet the learning objectives of this case, players must stay in role.
Pre-Game Discussion: What is Consultation?
Begin the discussion by asking the group, "What is consultation?"
Possible Responses:
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Helping clients obtain skills necessary to resolve current and future problems on
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their own.
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• Empowering clients by helping them obtain the information and confidence they
need to resolve their problems.
• Listening.
• Gaining an understanding of the problems and the people behind the problems.
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• Reality testing, helping clients understand the consequences of their actions.

• Advising clients on both the nature of the problem and the resolution process.
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• Distinguishing stated positions from underlying interests.

• Helping clients to invent options and to set priorities.
• Assisting clients in developing and planning strategies based on new options.
• Remaining neutral.
Post-Game Debriefing
Begin by posting the outcomes initially identified by Holmes and Kadeer.
Debriefing Questions:
1. Did they achieve these outcomes? If so, how? If not, why not?
2. How did the HR Consultant's actual outcome compare with the outcome s/he
wrote down before the consultation session?
3. If participants could repeat this simulation, what would they do differently?
Summary of Lessons
LESSON #1: THE ROLE OF THE HR CONSULTANT
Each party has different expectations. Holmes would like the HR Consultant to take care of
Kadeer's problem, and Kadeer would just like the situation resolved. The sequence of the
consultation, the order in which players are approached, is very important. The HR Consultant
is responsible for helping both parties equally and must make the parties aware of this. For
example, Kadeer may think that the HR Consultant will favor management and must be
convinced that this will not be the case. This involves trust-building on the part of the
Consultant. HR Consultants also need to let clients know that their role is to help clients work
out their own solutions, not to resolve their conflicts for them.
Trainers may find it useful to record expectations of each role, and to encourage HR
Consultants to identify the gaps which need to be bridged in order to develop an achievable
agreement.
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Debriefing Questions
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1. (To HR Consultant:) How would you describe your role? What did you want to
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achieve?
2. (To HR Consultant:) How did you begin your consultation session?
• How did you describe your position to the client?
• Did you treat sessions with each client in the same way or differently? Why?
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3. (To Holmes and Kadeer:) What were your expectations?

• Were they met? If so, how?
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4. (To Holmes and Kadeer:) Did the HR Consultant gain your trust?
LESSON #2: DE-ESCALATING THE CONFLICT
One role of the HR Consultant is to help clients vent emotions in order to stabilize the climate
between the two parties. Conflicts may escalate quickly if clients are not given a chance to let
off steam and ease tensions. Empathetic responses and active listening by the consultant can
facilitate this process. The consultant should avoid judging or evaluating the client's
experience. The information revealed by the client in the venting stage is important to the
consultant's understanding of his/her frame of reference.
The following three types of listening skills are helpful:
• Active, interested listening. The consultant exhibits an attitude of hearing clients

without comparison, empathizing with them, and understanding the problem from
their perspectives.
• Historical reconstruction. Clients often present their problems quickly and in

abbreviated form, and then expect advice. Consultants can encourage clients to
offer more information by asking them to reconstruct the problem's history. This
provides an opportunity to clarify events and obtain information that can assist in
the development of new options.
• Concretization. Clients often state their problems in a general or unclear fashion.
Encouraging clients to be more concrete helps them to be more specific and hence
accountable for their claims. It can also help consultants uncover certain patterns of
behavior or emotional response.
In the early stages, it is often useful for HR Consultants to listen more than talk. While the
client is venting emotions, it is important to clarify points rather than to question or advise.
The HR Consultant should respond to the client's feelings as well as to the content of what s/he
is expressing and should try to understand the situation from the client's viewpoint.
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1. (To Kadeer and Holmes:) How were your feelings and emotions handled?
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(To HR Consultant:) How did you handle Kadeer's and Holmes' feelings and
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emotions?
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3. (To Kadeer and Holmes:) Did you feel "listened to?" How would you describe the
kind of listening you received?
4. (To HR Consultant): What did you do to de-escalate the conflict? How did you
do this?
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5. (To Holmes and HR Consultant): How did the HR Consultant handle Holmes'
anger about Kadeer's going over Holmes' head to the Diversity, Equity, and
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Inclusion Office?
Points of Reference in the Case:
In Kadeer's Confidential Instructions:
• Kadeer feels suspicious of the HR Consultant's motives.

• Kadeer has decided to take legal action if necessary to get promoted.
• In spite of Kadeer's frustration and anger, he is determined to remain polite and
respectful.
In Holmes' Confidential Instructions:
• Holmes is concerned that the case may threaten his or her reputation as a
competent supervisor.
• Holmes' first reaction to Kadeer's letter to the Diversity, Equity, and Inclusion Office
was anger – for not talking with him/her about it.
LESSON #3: TRANSITION TO PROBLEM-SOLVING – REFRAMING THE PROBLEM
Once the HR Consultant understands the situation from each client's perspective, s/he may be
able to help the clients gain perspective on the situation. This can be done through reframing
the problem and providing reality testing for each client. HR Consultants can encourage clients
to think more objectively through skillful questioning and help them to see the problem in a
new light. Consultants should attempt to discover a client's underlying interests and separate
them from stated positions. Without cross-examining clients or putting them on the defensive,
consultants can help them broaden and change their perception of the problem.
1. Did the HR Consultant provide reality testing? How was this accomplished? (i.e.,
did this help Kadeer or Holmes to change their perception of the problem? If so,
what were the changes? Did the HR Consultant trace out the implications of
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Kadeer's and Holmes' actions?)
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Did the HR Consultant try to shift the clients' perspectives from the past to the
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future? If so, how?
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3. How did the HR Consultant make the transition from listening to problem
solving?
References to the Case:

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1. (General and Confidential Instructions:) Kadeer believes that THE COMPANY has
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discriminated against him.

2. (Holmes' Confidential Instructions:) Holmes doesn't think the HR Consultant can
be useful to him/her except for preventing legal action.
LESSON #4: DEVELOPING OPTIONS AND PLANNING STRATEGIES
The final stage of consultation involves helping clients sort out options, develop new ones, and
plan workable strategies. Helping them brainstorm options and develop strategies can expand
the range of potential solutions. Consultants must recognize that each client faces short- as
well as long-term needs and should therefore tailor their approaches to such needs. For
example, Kadeer may need immediate counseling to address family and legal issues, and long-
term assistance in planning for career advancement. HR Consultants should assess the clients'
receptiveness to various options and help them choose which ones they find most helpful.
Consider developing a strategic plan with each.
1. Did HR Consultants work with Manager and Employee to expand options?

How?
2. What was the most important function of the HR Consultant?
3. How was the HR Consultant most helpful to you?
4. What constraints face the HR Consultant in helping clients invent options?
5. What did you ultimately want from this session? Did the HR Consultant help you
to obtain this result? If so, how?
Points of Reference in the Case:
HR Consultant's Confidential Instructions:
• Consult with clients to help them resolve their problems.

• Advise each against legal action.
• Encourage exploration of other options.
General Instructions and Holmes' Confidential Instructions:
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Consider sitting down with Kadeer to work things out.
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Overall Debriefing Questions
1. What criteria would you use to judge whether the HR Consultant did a good job?
2. How would you measure successful consultation? Consider the following
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measures:
• Each client's interests were satisfied.
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• Strategies were produced that can be implemented.

• Clients took responsibility for resolving the problem.
• Clients requested return visits.
• Company policies and procedures were upheld.
• Clients learned new problem-solving strategies.
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General Information
Binder Kadeer works for THE COMPANY. He was hired eight years ago after emigrating with his
family from Malaysia. In Malaysia, he held several managerial positions with a large electronics
firm. Kadeer started on the production line at THE COMPANY and advanced, after one year, to
Customer Field Engineering Services. Since then, he has spent seven years troubleshooting and
meeting with buyers. Kadeer is a pleasant, low-key person. He smiles a lot, but rarely reveals
his true emotions; he is known among co-workers for having a very quiet demeanor.
Management records reflect Kadeer's employment history. Customer satisfaction reports
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indicate that he has been doing well, and has demonstrated competence in handling technical
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and service responsibilities. He has proven extremely reliable, reporting to work on time and
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meeting all deadlines. In Kadeer's view, he has tried to maintain the same high standards as a
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spouse and parent of two children.
Over the past year, Kadeer has grown increasingly concerned about not being promoted to
Branch Manager. He entered the appropriate training sequence three years ago, but training
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was discontinued last year without, as far as he knows, any reason. Five years ago, Kadeer's
supervisor was replaced by a newcomer to the firm, B. Holmes.
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Although Kadeer has never confronted supervisors directly about the issue of promotion, he
has reminded them periodically in informal conversation about how successful he has been in
meeting customer needs. In recent months Kadeer has begun to wonder whether he is a victim
of discrimination.
Three months ago, Kadeer suffered a mild stroke. While he has recuperated fully and returned
to work, he is still somewhat depressed. He has vowed to family and friends that he will seek
justice by pursuing a promotion.
Last week he approached THE COMPANY'S Diversity, Equity, and Inclusion Office representative
to file a discrimination charge against supervisor Holmes. Along with the other forms the
Diversity, Equity, and Inclusion Office requested, Kadeer submitted a copy of the attached letter
This case was written by Peter Shapiro with the assistance of Lawrence Susskind and Deborah Kolb, for the Program on Negotiation at Harvard
Law School. Copies are available from the Teaching Negotiation Resource Center (TNRC), online at www.pon.org, by email:
tnrc@law.harvard.edu, or by telephone at 800-258-4406. This case may not be reproduced, revised, or translated in whole or in part by
any means without the written permission of the TNRC Coordinator, Program on Negotiation at Harvard Law School, 501 Pound Hall,
Cambridge, MA 02138. Please help to preserve the usefulness of this case by keeping it confidential. Copyright © 1988, 1995, 2004, 2006, 2022
by the President and Fellows of Harvard College. All rights reserved. (Rev. 12/22)
Binder Kadeer: General Instructions
(see Appendix A). A copy of THE COMPANY'S policy on employment discrimination is also
attached (see Appendix B).
Next Steps
The Diversity, Equity, and Inclusion Office referred Kadeer's case to the Human Resources
Department in THE COMPANY. The HR staff members will explore this situation by consulting
with both Kadeer and Holmes.
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Copyright © 1988, 1995, 2004, 2006, 2022 by the President and Fellows of Harvard College. All rights reserved. (Rev. 12/22)
Appendix A: Letter from Binder Kadeer
Mr. B. Holmes
Supervisor of Customer Engineering Services
THE COMPANY
10 Bellows St.
Amesly, NY 10198
Dear Mr. Holmes:
I have been a loyal, committed, and competent employee for eight years. All the reports on file
indicate that I have met my obligations, including all specified deadlines. I have achieved
consistently high standards of customer satisfaction.
I am filing a discrimination complaint against you because all evidence demonstrates that you
have passed me over for promotion due to my race and ethnicity. I cite three examples.
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1. Five years ago, on June 12th during our monthly staff meeting, my supervisor
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expressed interest in promoting me to Branch Manager, yet to this day I have still not been
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promoted.
2. Four years ago, from January 15th to March 1st, THE COMPANY initiated and
completed a promotion review and hiring process for Mrs. Susan Hornsby. Mrs. Hornsby first
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entered THE COMPANY three years after I did. Records indicate that my performance has been
equal if not superior to hers.
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3. After completing Step One in the Branch Manager Training sequence three years ago
on October 6th, I received a notice saying that I needed additional training. But THE COMPANY
never took steps to instruct me on how to get this training. I received no follow-up procedural
material or any letter concerning what I needed to do in order to continue in the training
sequence.
The documented evidence shows quite conclusively that THE COMPANY intentionally
discriminated against me. I have fulfilled my role as an employee, but you have not met your
obligations as a supervisor.
I hope that you will now promote me to the Branch Manager position before I am forced to
pursue legal action.
Sincerely,
Binder Kadeer
Appendix B: Policy on Employment Discrimination
POLICY ON EMPLOYMENT DISCRIMINATION
THE COMPANY complies fully with Section 250 of Title XII of The Civil Rights Act. THE
COMPANY does not discriminate on the basis of race, sex, age, ethnicity, or
physical disability in its practices or recruitment, screening, employment, placement,
promotion, or termination.
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Summary of Lessons
1. The Role of the HR Consultant
Each party has different expectations. Holmes would like the HR Consultant to take care of
Kadeer's problem, and Kadeer would just like the situation resolved. The HR Consultant is
responsible for helping both parties equally, and must make the parties aware of this. For
example, Kadeer may think that the HR Consultant will favor management, and must be
convinced that this will not be the case. This involves trust-building on the part of the
Consultant. HR Consultants also need to let clients know that their role is to help clients work
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out their own solutions. The HR Consultant should not attempt to resolve their conflicts for
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2. De-escalating the Conflict
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One role of the HR Consultant is to help clients vent emotions in order to stabilize the climate
between the two parties. Conflicts may escalate quickly if clients are not given a chance to let
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off steam and ease tensions. Empathetic responses and active listening by the consultant can
facilitate this process. The consultant should avoid judging or evaluating the client's
experience. The information revealed by the client in the venting stage is important to the
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consultant's understanding of his/her frame of reference.
The following three types of listening skills are helpful:
• Active, interested listening. The consultant exhibits an attitude of hearing clients

without comparison, empathizing with them, and understanding the problem from
their perspectives.
• Historical reconstruction. Clients often present their problems quickly and in
abbreviated form, and then expect advice. Consultants can encourage clients to
offer more information by asking them to reconstruct the problem's history. This
provides an opportunity to clarify events and obtain information that can assist in
the development of new options.
• Concretization. Clients often state their problems in a general or unclear fashion.
tnrc@law.harvard.edu, or by telephone at 800-258-4406. This case may not be reproduced, revised, or translated in whole or in part by any
Binder Kadeer: Summary of Lessons
Encouraging clients to be more concrete helps them to be more specific and hence
accountable for their claims. It can also help consultants uncover certain patterns of
behavior or emotional response.
In the early stages, it is often useful for HR Consultants to listen more than talk. While the
client is venting emotions, it is important to clarify points rather than to question or advise.
The HR Consultant should respond to the client's feelings as well as to the content of what s/he
is expressing, and should try to understand the situation from the client's viewpoint.
3. Transition to Problem-Solving – Reframing the Problem
Once the HR Consultant understands the situation from each client's perspective, s/he may be
able to help the clients gain perspective on the situation. This can be done through reframing
the problem and providing reality testing for each client. HR Consultants can encourage clients
to think more objectively through skillful questioning and help them to see the problem in a
new light. Consultants should attempt to discover a client's underlying interests and separate
them from stated positions. Without cross-examining clients or putting them on the defensive,
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consultants can help them broaden and change their perceptions of the problem.
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4. Developing Options and Planning Strategies
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The final stage of consultation involves helping clients sort out options, develop new ones, and
plan workable strategies. Helping them brainstorm options and develop strategies can expand
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the range of potential solutions. Consultants must recognize that each client faces short- as
well as long-term needs, and should tailor their approaches to such needs. For example,
Kadeer may need immediate counseling to address family and legal issues, and long-term
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assistance in planning for career advancement. HR Consultants should assess the clients'
receptiveness to various options and help them choose which ones they find most helpful.
Consider developing a strategic plan with each.
2

Confidential Instructions for the S. Smith, HR Consultant
This case has been referred to you by the Diversity, Equity, and Inclusion Office based on a
complaint that Binder Kadeer filed against his supervisor. The Office is hoping that you can
resolve this dispute so that it doesn’t go to court.
As an HR representative who deals with employee-management conflicts, your role is to help

Binder Kadeer and B. Holmes, his supervisor, work out a resolution to this problem. At the
same time, you want to protect THE COMPANY’s interests by insuring that its fair-hiring and
non-discrimination practices are followed.
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You suspect that there has been a communication problem here. Kadeer's cultural background
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is probably a key factor in this situation. Probing his work experiences prior to coming to THE
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COMPANY may help you understand more about his concerns. You also obtained a copy of
another employee's work record for comparative purposes. Susan Hornsby's dossier for the
year she was promoted reads:
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Year 2: Hornsby completed all phases of Branch Manager Training sequence.

Performance review completed December 14th. Supervisor’s report: Hornsby is a good
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team player with outstanding leadership and management characteristics. She initiates
discussions, raises relevant issues in a timely fashion, clarifies points of disagreement
when necessary, and has developed a positive rapport with her colleagues.
How you manage the consultation is up to you. However, you may want to meet separately
with both Kadeer and Holmes. Kadeer expects to deal directly with the Diversity, Equity, and
Inclusion Office, so he may be suspicious of you. Try to make Kadeer and Holmes feel
comfortable. Try to persuade each that legal action is probably inadvisable in this situation. Try
to get them to explore other options.
You will have 60 minutes to conduct the consultation.
tnrc@law.harvard.edu, or by telephone at 800-258-4406. This case may not be reproduced, revised, or translated in whole or in part by
any means without the written permission of the TNRC Coordinator, Program on Negotiation at Harvard Law School, 501 Pound Hall,
Cambridge, MA 02138. Please help to preserve the usefulness of this case by keeping it confidential. Copyright © 1988, 1995, 2004, 2006, 2022
by the President and Fellows of Harvard College. All rights reserved. (Rev. 12/22)
Binder Kadeer: Confidential Instructions for the HR Consultant
Appendix C: Dossier on Kadeer's Performance
(Including Manager's Notes)
Year 1: Binder Kadeer hired to run production line #18.
Year 2: Binder Kadeer promoted to Customer Field Engineering Services.

Supervisor's report: Kadeer is a quiet and steady employee. He does not interact much with
the other employees. He is good with equipment. Kadeer is reminded of COMPANY protocol
regarding job advancement; the employee must indicate an interest in promotion and
advancement. Performance evaluation completed December 11th; no changes.
Year 3: B. Holmes replaced Jones as Binder Kadeer's supervisor. Performance review

completed December 13th.
Supervisor's report: Kadeer is quiet and he seems distant from the other employees. He does
not interact with me except formally. He has been very reliable in the field, and has
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consistently met deadlines. Kadeer indicates that he is satisfied with his position. No indication
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Year 4: Performance review completed December 10th; No changes.
Year 5: Kadeer completed Step One of the Branch Manager Training (BMT) Sequence.
Supervisor's report: Kadeer reports he is satisfied with position. Kadeer was told he needed
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additional leadership training in order to be considered for continuation in BMT sequence. No

response from him; BMT sequence was discontinued pending Kadeer entering leadership-
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training program (provided by THE COMPANY). Kadeer has not indicated he wants a
promotion. Kadeer continues to do an excellent job in the field and he remains a reliable and
consistent employee. Performance review completed December 12th.
Year 6: Supervisor's report: Kadeer remains a passive, unassertive employee. He is often

withdrawn around the other employees. Have received reports that Kadeer "typically stays
away from them." Performance review completed December 8th.
Year 7: Performance review completed December 10th.

Supervisor's report: Initial evaluation of Kadeer has been completed. Kadeer reports he is
satisfied with position. He has not requested a promotion.

Supervisor's report: Kadeer is a quiet, almost withdrawn employee. He keeps away from the
other employees, and he rarely initiates any conversation with me. I have asked him how he
feels about his job and he reports that he is satisfied. He is very reliable in his role as
troubleshooter and technical representative.

Confidential Instructions for Binder Kadeer
During the three weeks you were in the hospital recuperating from your stroke, you had time to
realize that over the past eight years THE COMPANY has taken advantage of you. You have not
been rewarded appropriately. Having worked diligently, you are now convinced that you have
been discriminated against.
You completed your first training sequence without receiving any negative feedback. You
received a written performance evaluation saying that you needed additional leadership
training in order to be considered for continuation in the BMT sequence. But you never
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received follow-up information from THE COMPANY explaining what steps you needed to take
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in order to get leadership training. You have evidence that employees who have been with THE
COMPANY for fewer years than you have been promoted from below to above you. You are
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just as qualified as they are!
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This situation has taken a toll on your family. In Malaysia, you were promoted three times for
your corporate loyalty, diligence, and respect for your superiors. Such behavior brought you
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great respect and honor both at work and in your family. Because THE COMPANY has not
promoted you, your family thinks you are not meeting these standards. For this reason, your
spouse and children have begun to lose respect for you, and you think your spouse is
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considering leaving you. You are firmly convinced that you have done everything possible to
alert THE COMPANY to your interest in being promoted. And you believe that you have
completed the training successfully.
Your assumptions about promotion and job advancement may be different from the
assumptions made by others with whom you work, but you are not sure. You do not make
unnecessary conversation with your fellow employees. In Malaysia, idle chatter would indicate
that you did not take your job seriously or that you don’t care about your fellow workers' time
constraints. You also think it is unnecessary and inappropriate to pester your supervisor about
a promotion. Your supervisor is an authority figure. Constantly reminding him/her that you
want a promotion would be disrespectful and impolite, and would imply that you did not trust
his/her judgment. If you work very diligently, loyally, and skillfully in your assigned role, you
expect your supervisor to recognize your contributions and untapped capabilities. You wonder
tnrc@law.harvard.edu, or by telephone at 800-258-4406. This case may not be reproduced, revised or translated in whole or in part by any
Binder Kadeer: Confidential Instructions for Binder Kadeer
whether management would rather keep you where you are because of your race and
ethnicity. The thought upsets and frustrates you!
In spite of your frustration and anger, you are determined to remain polite and respectful.
When you met with the Diversity, Equity, and Inclusion Office representative, s/he seemed
quite responsive and impressed with the detailed evidence you were able to muster regarding
your claims about discrimination.
You do not know much about this HR person assigned to your case, and you are feeling
suspicious. From what you have heard, the HR Department sometimes seems to give greater
consideration to the financial interests of THE COMPANY than to its role as an advocate for the
best interests of the employee. You are certain, though, that you want to be promoted and
have decided to take legal action if necessary (even though such a step rubs against the grain).
You want to listen for three things in your upcoming interview with the HR Consultant:
• Is this HR Consultant really on your side, or is s/he just placating you?
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How committed is this HR Consultant to helping you? Specifically, will s/he help you
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win, or instead just try to protect THE COMPANY?
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• Does s/he appreciate the fact that legal action is the only real weapon you have in your
fight to get the treatment you deserve?
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Confidential Instructions for B. Holmes, Manager
You have been a supervisor with THE COMPANY for five years and you have worked in similar
management settings for more than 20 years. Your track record has been top-notch and you
are proud of your accomplishments. Because of your active management style, spending in
your division has always remained within budget guidelines.
You have had very few problems with your employee Binder Kadeer. Kadeer rarely complains
about anything, and you have felt no pressure from him to push his way up through the ranks –
not like some of the others who will not let you come up for air. Kadeer is very reliable. For the
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past two years you have been very busy overseeing implementation of the new field-service
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program. You must admit that you have not paid much attention to Kadeer, aside from reading
his field reports. Kadeer knows (and COMPANY policy states) that if he wants to be promoted,
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he has to say so.
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The letter he submitted to you last week came as a shock. Your first reaction was anger with
Kadeer – for not talking with you at all about this, and for going around you to the Diversity,
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Equity, and Inclusion Office. You do not want to lose a good employee! On the other hand, you
do not need a hassle. If he wants to work things out with you, he will have to stop talking about
lawsuits!
Do Re
You have a copy of THE COMPANY'S policy on discrimination, as well as the summary of
Kadeer's employment history. You looked at the guidelines and you do not see any conceivable
basis for a charge of discrimination. You also reviewed the notes on Kadeer's employment
history and found no notation, made by you or by Kadeer's previous supervisor, indicating that
he ever asked for a promotion. Now that you think of it, you have some doubts about his
management potential. He may be just too passive to be a good supervisor.
You are concerned that this case may threaten your reputation as a competent supervisor. You
are not quite sure why HR is in the middle of this. If Kadeer has ulterior motives, you will
explore termination. Otherwise, you would just like to sit down and work things out. If HR can
do anything useful for you, it will be to explain to Kadeer that he has no basis for a lawsuit. If
Kadeer wants additional training, all he has to do is ask and you will consider his request just
tnrc@law.harvard.edu, or by telephone at 800-258-4406. This case may not be reproduced, revised or translated in whole or in part by any
Binder Kadeer: Confidential Instructions for the Manager
like the rest. (Attached is a copy of the dossier on Kadeer's employment record.)
Appendix C: Dossier on Kadeer's Performance

(Including Manager's Notes)
Year 1: Binder Kadeer hired to run production line #18.
Year 2: Binder Kadeer promoted to Customer Field Engineering Services.

Supervisor's report: Kadeer is a quiet and steady employee. He does not interact much with
the other employees. He is good with equipment. Kadeer is reminded of COMPANY protocol
regarding job advancement; the employee must indicate an interest in promotion and
advancement. Performance review completed. December 11th; No changes.
Year 3: B. Holmes replaced Jones as Binder Kadeer's supervisor. Performance review

completed December 13th.
Supervisor's report: Kadeer is quiet and he seems distant from the other employees. He does
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not interact with me except formally. He has been very reliable in the field, and has
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consistently met deadlines. Kadeer indicates that he is satisfied with his position. No indication
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that he wants promotion.
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Year 4: Performance review completed December 10th; No changes.
Year 5: Kadeer completed Step One of the Branch Manager Training (BMT) Sequence.
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Supervisor's report: Kadeer reports he is satisfied with position. Kadeer was told he needed
additional leadership training to be considered for continuation in BMT sequence. No response
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from him; BMT sequence was discontinued pending Kadeer entering leadership training
program (provided by THE COMPANY). Kadeer has not indicated he wants a promotion.
Kadeer continues to do an excellent job in the field and he remains a reliable and consistent
employee. Performance review completed December 12th.
Year 6: Supervisor's report: Kadeer remains a passive, unassertive employee. He is often

withdrawn around the other employees. Have received reports that Kadeer "typically stays
away from them." Performance review completed December 8th.

Supervisor's report: Initial evaluation of Kadeer has been completed. Kadeer reports that he is
satisfied with position. He has not requested a promotion.

Supervisor's report: Binder is a quiet, almost withdrawn employee. He keeps away from the
other employees, and he rarely initiates any conversation with me. I have asked him how he
feels about his job and he reports that he is satisfied. He is very reliable in his role as
Binder Kadeer: Confidential Instructions for the Manager
troubleshooter and technical representative.
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Do Re

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A university consortium dedicated to developing the theory and practice

Binder Kadeer: Consultation in the Company

• stabilizing emotions and de-escalating conflict.

Timeline: The total time required is 2 hours and 25 minutes.

What is Consultation? 10 minutes

Individual Preparation 15 minutes

• Instructor hands out General Instructions and Confidential Instructions.

Group Preparation 15 minutes

• Players meet in their respective role groups, (Managers, Employees, and HR

• HR Consultant consults with Employee for 30 minutes while Manager observes.

(For groups of four)

Post-Game Debriefing 45 minutes

Commonly Asked Questions About Logistics

1. Why should we not try to settle this dispute?

2. What is THE COMPANY'S promotion policy? Are promotion decisions based on

3. Do I have to abide by my Confidential Instructions and behave in character?

Pre-Game Discussion: What is Consultation?

Begin the discussion by asking the group, "What is consultation?"

• Reality testing, helping clients understand the consequences of their actions.

• Distinguishing stated positions from underlying interests.

Begin by posting the outcomes initially identified by Holmes and Kadeer.

LESSON #1: THE ROLE OF THE HR CONSULTANT

3. (To Holmes and Kadeer:) What were your expectations?

LESSON #2: DE-ESCALATING THE CONFLICT

The following three types of listening skills are helpful:

• Active, interested listening. The consultant exhibits an attitude of hearing clients

• Historical reconstruction. Clients often present their problems quickly and in

Points of Reference in the Case:

In Kadeer's Confidential Instructions:

• Kadeer feels suspicious of the HR Consultant's motives.

In Holmes' Confidential Instructions:

was anger – for not talking with him/her about it.

LESSON #3: TRANSITION TO PROBLEM-SOLVING – REFRAMING THE PROBLEM

References to the Case:

discriminated against him.

LESSON #4: DEVELOPING OPTIONS AND PLANNING STRATEGIES

1. Did HR Consultants work with Manager and Employee to expand options?

Points of Reference in the Case:

HR Consultant's Confidential Instructions:

• Consult with clients to help them resolve their problems.

General Instructions and Holmes' Confidential Instructions:

• Strategies were produced that can be implemented.

Binder Kadeer: Consultation in the Company

Management records reflect Kadeer's employment history. Customer satisfaction reports

Appendix A: Letter from Binder Kadeer

Dear Mr. Holmes:

Appendix B: Policy on Employment Discrimination

POLICY ON EMPLOYMENT DISCRIMINATION

Binder Kadeer: Consultation in the Company

1. The Role of the HR Consultant

consultant's understanding of his/her frame of reference.

The following three types of listening skills are helpful:

• Active, interested listening. The consultant exhibits an attitude of hearing clients

3. Transition to Problem-Solving – Reframing the Problem

Binder Kadeer: Consultation in the Company

As an HR representative who deals with employee-management conflicts, your role is to help

Year 2: Hornsby completed all phases of Branch Manager Training sequence.

You will have 60 minutes to conduct the consultation.

Appendix C: Dossier on Kadeer's Performance

(Including Manager's Notes)

Year 1: Binder Kadeer hired to run production line #18.

Year 2: Binder Kadeer promoted to Customer Field Engineering Services.

Year 3: B. Holmes replaced Jones as Binder Kadeer's supervisor. Performance review