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Impact of diversity on employee performance
Aspects of workforce diversity literature review
Impact of diversity on employee performance
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Introduction
This chapter has presented some common issues that plague employers around the country. Companies have continued to evolve, they look for ways improve and define job criterions and assessments. These methods establish identifying traits that the best applicant should possess for different types of employment opportunities. It is imperative that the applicant’s rights balance the scales of prescreening. The case overview in this assignment looks at how measuring prescreening test as a condition of employment can create conflicts with the Title VII protected classes and rights of the applicants in this case.
Legalities of Employment
The Southeastern Pennsylvania Transportation Authority (SEPTA) in an attempt to recruit and refine the transit officer position adapted a new stands on how they measure the aerobic fitness of potential transit officers and applicants. The case centers on how disproportionate the number of female candidates were to their male counterpart. The Philadelphia transit authority revamped the transit officer program and responsibilities. In doing so, ...
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
Therefore, the job could have been done by either of the genders that applied. For this reason, the defense of the airline company was compromised. This led to the court’s decision that the placement of discriminating conditions such as the maximum height rule and the hiring of attractive female candidates only was a violation of Title VII under the Civil Rights Act of 1964. Indeed, the unlawful and impermissible discrimination exercised by the airline company denied the male applicants the above mentioned privileges and thus was a just cause of action taken by Gregory R.
David Dunlap, a 52-year old African American male with 25 year boilermaker experience, 15 years of which include foreman experience, brought suit under Title VII, alleging racial discrimination by the TVA after being looked over after interviewing for positions within the TVA. The district court agreed that “Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants” (Walsh, 2010). The case was heard by the 6th District Court of Appeals and that court “affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court’s award of damages and fees to Mr. Dunlap” (Walsh, ...
...iscrimination will not occur. It is also important to post some of the Title VII laws, so that employees will understand what to do in case they feel they have been discriminated against.
The “Ban the Box” is a law that took effect on January 1, 2014, and it inhibits companies from asking about a potential employee’s criminal history on the initial applications for employment (Deitchler, Fliegel, Fitzke, & Mora, 2013). The Equal Employment Opportunity Commission (EEOC) endorsed this Ban the Box in that its contemplation of criminal history of arrests or convictions in the Title Ⅶ of the Civil Rights Act of 1964 (Deitchler, Fliegel, Fitzke, & Mora, 2013). It is directly related to employer’s ability to hire those employees with a criminal past to be compliant with the fair employment requirements. Employers have a balancing act to perform because they should be aware of risks related to negligent hiring. In the case of litigation
As a result, this paper reasons that the Fair-Start Defense based on race and gender is a faulty justification for affirmative action because it cannot be fairly applied in the United States of America today. However, affirmative action itself should be permitted to be used in case the state once again unfairly discriminates social groups.
The Lewis v. City of Chicago case was filled because the City of Chicago, Illinois, offered a firefighter candidate exam, in which over 26,000 persons applied (Grossman, 2010). The city issued a public announcement following the exam that only candidates which received a minimum score of 89 or above on the test would be considered as well qualified and selected from a lottery pool to continue on in the hiring process for positions with the Chicago Fire Department (Grossman, 2010). Candidates who scored below a 65 were notified that they had failed the exam and would no longer be considered for a positi...
These tests place a stereotypical viewpoint and they antagonize the low income citizens (Rosenfeld). Even though, people state that the testing would be a violation of Amendment 4, they stand correct an...
Discrimination in the workplace can occur more frequently than many expect in this advanced society. The history of job discrimination in general is vast and covers many different areas. In America, the history of discrimination in the area of employment options is a sobering one that reaches far beneath the surface of what many want to know about our seemingly “fair” society.
The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal laws, policies and regulations as it relates to employment discrimination. Over the course of years, Title VII has been amended to reinforce its prohibitions to include pregnancy as a type of gender discrimination, jury trials, compensatory damage and punitive damages. Its amendments have also strengthened the enforcement policy of the EEOC. An employer and employee need to be aware of those areas that are and are not covered by Title VII. It applies to employers, unions, joint labor and management committees as well as employment agencies whose functions include referral and training decisions among others. It applies to all private, federal, state and local governments who employ 15 employees or more. An employer with less than 15 employees is not required to comply with the guidelines set by Title VII. Title VII covers all levels and types of employees. In 1991, the act was further extended to include United States (U.S.) citizens who are employed outside of the U.S. for American employers. Non U.S. citizens are also protected as long as they are employed in the U.S. Title VII however, does not a...
Pre-employment background checks are largely justified by the reasoning that a criminal record is an indicator of a person’s character, and to hire a known criminal presents a legal liability for a company. According to Buckhoff , “Employers can be held liable for their employees' criminal actions, under certain circumstances” (2003). What this line of reasoning lacks is the ideology of human individuality – the assumption ...
... includes acts protecting most of employees. Besides, there is an enforcement practice of these acts by courts, arbitration courts and governmental institutions (EEOC). The Equal Employment Opportunity Commission plays an important role in protecting employees’ rights. A thorough study of the cases carried out in this work proves that the USA has a well-balanced anti-discrimination system.
According to Noe (2012), most experts believe that the most important human resource decision makes by a leader is deciding who to hire. Manager manages the recruitment and selection process. Selection for the best candidates for the job is very important in an organization because the performance always depends on employees, the recruiting and hiring is costly and the legal obligations like mismanaging hiring has legal consequence. The main aim of employee selection is to achieve person-job fit which is identifying the knowledge, skills, abilities (KSAs), and competencies that are central to performing the job. The objective of effective selection is to decide who the right people are, by matching individual characteristics (ability, experience, and training) with the requirements of the job (DeRue & Morgeson, 2007; Kristof -Brown, Zimmermam, & Johnson, 2005). The manager will do checking for reliability and validity of the interviewer. In PPNJ Poultry & Meat Sdn Bhd, the people who manage the recruitment and selection process is the Human Resource department or staffs.
Psychometric tests are designed to measure the behaviour and capabilities of possible employees. (Johnstone, 1999). Employers use these tests to measure two categories of qualities – abilities and preferences (Mills et al., 2011). This provides an effective and efficient way to find the best person for the job as the tests give a true reflection of how an employee can accomplish assigned tasks which is completed online as part of the application process. Candidates are chosen for the next stage of the process through the comparison of test scores, resulting in grouping candidates into high and low percentile scoring categories. The higher scoring applicants are put through to the next stage of the process. This would normally be the interviewing stage. The lower scoring applicants would be declined. This is a form of filtering down the number of applicants, although the interviewing stage provides the means of selection, despite its subjectivity the tests provide a uniform set of standards to measure one candidate objectivity against another (Johnstone,1999). Psychometric
...on against race “If an employment practice which operates to exclude blacks cannot be shown to be related to job performance, the practice is prohibited” (Shaping 3). Thus, all forms of looks discrimination should be afforded employment discrimination protection that have nothing to do with job performance. The burden will be on the employer to prove those rejected due to physical appearance have a direct bearing on job performance (i.e., someone who is 150 pounds overweight does not appeal to consumers of a diet program, or someone with bad acne does not perform well at a cosmetics counter). Therefore, looks discrimination protection should be afforded under Title VII employment discrimination law.