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Discrimination in the u.s justice system
Discrimination and its effects
Discrimination and its effects
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Introduction
There are different types of discrimination against a job applicant or an employee. It is prohibited by law to make biased decisions based on preconception to group of people according to a certain race, national origin, class, sex (including pregnancy), sexual orientation, age, disabilities, genetic information etc. All developed countries have an advanced legislation to protect job applicants and employees against different types of discrimination in many types of work situations such as hiring, firing, promotions, harassment, training, wages and benefits. This paper examines issues associated with the main forms of discrimination.
We will focus on these issues using the example of the USA. There were a number of studies with a view to understanding the nature of different types of discrimination. The majority of sources I have analyzed are articles from the USA law magazines. In my opinion, it is one of the best ways to find the latest information on this question.
Moreover, I have examined some USA court decisions which are relevant to my research. The Research Proposal consists of a few paragraphs, each of which includes information on one type of discrimination.
The essentials of discrimination and anti-discrimination laws
Discrimination is a prejudicial treatment of an individual based on an opinion that a discriminated person is a member of a particular social group. It is a treatment in the way that is worse than the way people are usually treated (Lee, 2003). Such an attitude involves denial of privileges or opportunities usually used by other members of society, negative attitude to discriminated people or even exclusion of a person from social life. A specific type of discrimination is employment disc...
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... 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.
One of the best ways to eliminate discrimination is prevention. There are some special actions that have an effect. Firstly, an employer should show the employees that any form of discrimination is absolutely unacceptable in the company. Secondly, all the employees should feel free in the process of complaint; they should understand that it is a normal activity in a company. Thirdly, there should be special education and technical assistant programs for managers and employees.
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.
The topic I have chosen to investigate is race disparity. Race Disparity is the discrimination among people who are not of the same racial backgrounds. This is characterized by denial of their human rights of freedom of expression especially in public places. I have chosen this topic to invest...
Deitch, E. A., Barsky, A., Butz, R., Chan, S., Brief, A. P., & Bradley, J. C. (2003). Suble yet significant: The existence and impact of everyday racial discrimination in the workplace. Human Relations, 56(11), 1299-1324.
Institutions in the businesses sector are swarming in racial discrimination, much of which is covert and difficult to detect and prove. Racial discrimination excludes, marginalizes and exploits those citizens who are discriminated against, ceasing any opportunity for economic progress and development. Under certain regulations some businesses are required to diversify their workplace by hiring certain amounts of people of color, but in reality these small quotas do not do much for the overall condition of the people who are being discriminated against. Businesses that fail to take action on racial discrimination tend to have lower levels of productivity. This stems from employees not being interested in working hard, or because people with exceptional talents and skills choose to shy away from certain places of employment due to the fear of racial discrimination. Employees who feel wronged also tend to switch jobs, forcing the organization to spend more time and resources on hiring and training new employees, besides coping with the low productivity of a new employee. (Nayab)The effects of racial discrimination in the American work force could be identified with funded research on the topic. With ample data employers will be able to better understand the negative affects that racial discrimination have
Disparate Impact arises when an employer's practices unintentionally excludes a protected class disproportionately (Player, Shoben and Lieberwitz, 1995). A "protected class" is a group of people, with common characteristics, which Congress has determined must be protected from inequality ("On-the-Job Discrimination: Gender Discrimination," 2004). This paper will analyze the landmark disparate impact case of Griggs v. Duke Power Co. (401 U.S. 424, 1971) from its beginning to its conclusion in the Supreme Court. Included will be the facts of the case and the issues detailed, as well as the history of the case from initial filing to final ruling.
Discrimination, in one form or another, goes on everyday in the world around us. Discrimination affects all of us whether we are aware of it or not. Discrimination is defined as “unjustified differential treatment, especially on the basis of characteristics such as race, ethnicity, gender, sexual orientation, or religion” (MacKinnon). According to Eugene Lee of California Labor and Employment Law “racial discrimination and racial harassment” are the most popular complaint when it come to discrimination in the United States.
In today’s workplace, African Americans continue to be subjected to overt discrimination. This can take the form of ethnic jokes, racial slurs and exclusionary behaviors by Euro-American co-workers and managers. Even more disturbing is the verbal abuse, calculated mistreatment and even physical threats experienced by some African Americans while on the job. African Americans have also faced overt acts such as being reassigned to lower level projects, not receiving a promotion even though they were equally qualified and receiving less wages than other employees, even less qualified new hires. The discrimination can be so pervasive that African Americans feel uneasy and threatened, demotivated and disrespected, eventually feeling forced to leave to search for other employment.
In today’s age it can be difficult for many to imagine a world in which applicants were denied employment for factors such as their gender, race, religion or national origin. We have grown accustomed to living in a country that provides legislative protection in the case of discrimination in and outside the workforce. Yet, this was not always the case. It has been a mere 52 years since the illegalization of “discrimination in education, employment, public accommodations and the receipt of federal funds on the basis on race, color, gender, national origin and religion.”(BL pg.98) This new set of legislation is known as the Civil Rights Act of 1964. Although it did not make amends for year of abuse and discrimination,
There are a range of strategies managers could use to minimise instances of dysfunctional discrimination occurring in their workplace. These selected strategies aim to reduce the frequency of dysfunctional discrimination, rather than the severity. Some of these strategies include; a discrimination audit, enforced policies, selection procedures, and providing an effect complaint handling system.
Abstract- Racial discrimination happens all the time and most of us are unaware of it. The most common place for this to happen is in the workplace. Now people can be discriminated against because of their race, religion, or any other numerous things. Also, discrimination can occur during the job interview or even after you got the job. This paper will shoe the effects of racial discrimination and how it can be prevented. In addition there are some very important laws that deal specifically with discrimination, like the NAACP or Affirmative Action. These both will be discussed.
The best-known employment anti-discrimination law that prohibits an employer or employees from discriminating on the basis of race, national origin, gender, or religion is the Fair Work Act 2009. This law is in place to ensure that employees and prospective employees are protected from unlawful workplace discrimination and any other adverse actions by an
Race discrimination is the unfavorable way of treating someone, which may be an applicant or an employee because he/she is of a certain race or because of the difference in look or color of skin. It can also be in form of refusal to hire or even when hired, to deny the individual some compensation and employment privileges because of race, or to limit or segregate employees or applicants in a way that might deprive them employment.
Harassment and discrimination can affect a business in many ways. Having a history of harassment and discrimination claims can damage a business’ reputation and affect its bottom line. It can cost the business current and future clients as well as investors and employees. Depending on the gravity of the claim(s), the process of settling the claim(s) can take anywhere from months to years. Meanwhile, the cost of the settlement and other fees continue to add up. A business might have to compensate the affected parties besides paying court fees and lawyers. The EEOC has seen a rise in monetary rewards from 7.5 million to 24.3 million (Glazer, 1996) However, all of these can be avoided by properly educating employers and employees about their rights and what harassment and discrimination entails.
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.
Discrimination has many potential negative effects on an individual as well as on the individual’s family. When someone is discriminated against it is usually because of the persons race. Race discrimination happens between all races and even between people of the same race. Based on a person’s socioeconomic status depends on how they