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Ethical and legal considerations for discrimination
Racial discrimination different types
Discrimination within the workforce
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Today’s modern workforce is made up of a diverse group of individuals. People of different nationality, race, creed, color, age, sex, and sexual orientation work side by side every day. This diversity has many advantages, but it also ads a level of complexity to management. The potential for discrimination is real, and needs to be managed so as not to incur lawsuits, loss of productivity, and unhealthy working conditions. Happy employees are productive employees, so it is in any organizations best interests to ensure that discrimination does not happen, but unfortunately, it does.
In the assigned hypothetical scenario, John was dismissed and believes he was discriminated against. By understanding the different types of discrimination and the legal recourse of individuals discriminated against organizations can better prepare them selves to avoid similar situations with their employees.
Types of Discrimination
The fist issue John must consider is what type of discrimination was used against him. To limit discrimination in the United States, Congress has passed several laws / acts to discourage the behavior. In 1963 the "Equal Pay Act" was established. This act states that persons within the same organization who are performing similar tasks under similar working conditions must be paid similar wages. In other words, an employer can not pay a man more money than a woman when they are performing the same tasks (EEOC, 1963).
In 1964 Congress passes the Civil Rights Act which allows all persons regardless of race, sex, color, national origin, or religion to vote, to confer jurisdiction upon the courts, to institute suits to protect constitutional rights in public facilities and public education and prohibits discrimination in regard to employment (EEOC, 2008). In 1967, the Age Discrimination in Employment Act was passed which prohibits individuals over 40 from bring discriminated against in terms of employment (EEOC, 2008). Finally in 1973 the Rehabilitation Act was passed then revised in 1990 as the Americans with Disabilities Act which prohibits discrimination against any person with physical and mental disabilities (EEOC, 2008).
Given the number of acts that have been passed it is fair to say that discrimination can be described as any unequal treatment of any person based on sex, age, religion, sexual orientation, color, national origin, or anything else besides skills and abilities. As an employee John has the right, granted by the United States Government, to be treated equally compared to his peers.
The law prohibits discrimination when it comes to any phase of employing someone, including hiring, firing, getting a raise, getting a promotion and other related stuff.
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
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.
Disparate treatment is a form of discrimination that is prohibited by laws in which all employers must comply, including fire and emergency services. Disparate treatment in the workplace is applicable to many functions of the workplace, including, discipline, promotions, hiring, firing, benefits, layoffs, and testing (Varone, 2012). The claim of disparate treatment arises when a person or group “is treated differently because of a prohibited classification” (Varone, 2012, p. 439). In the 2010 case, Lewis v. City of Chicago, six plaintiffs accused the city of disparate treatment following testing for open positions within the Chicago Fire Department (Lewis v. City of Chicago, 2010). The case is based on the argument that the Chicago Fire Department firefighter candidate testing, which was conducted in 1995, followed an unfair process of grouping eligible candidates, therefore discriminating against candidates of African-American descent.
The Civil Rights Act of 1964 was the catalyst in abolishing the separate but equal policies that had been a mainstay in our society. Though racial discrimination was the initial focal point, its enactment affected every race. The Civil Rights Act of 1964 prohibits discrimination in housing, education, employment, public accommodations and the receipt of federal funds based on certain discrimination factors such as race, color, national origin, sex, disability, age or religion. Title VII is the employment segment of the Civil Rights Act and is considered one of the most important aspects of legislation that has helped define the employment law practices in this country. Prior to Title VII, an employer could hire and fire an employee for any given reason. Title VII prohibits discrimination in hiring, firing, training, promotion, discipline or other workplace decisions. (Bennett-Alexander-Hartman, Fourth Edition, pp 85) Though it applies to everyone, its enactment was especially significant to women and minorities, who until its passage had limited recourse in harassment based discriminations in the workplace.
Discrimination is known to exist in all workplaces, sometimes it is too subtle to notice, and other times it is exceedingly obvious. It is known that everyone subconsciously discriminates, dependant on their own beliefs and environments that surround them. However, discrimination can be either positive or negative in their results, and sometimes discrimination is a necessary part of life.
In an ideal world, every person is treated equally when it comes to getting a job, advancing in his or her career and being treated fairly in the workplace. Unfortunately, discrimination still exists in hiring, firing and promotions; and the diversity of the workforce regrettably can cause hostility in the workplace when individuals do not appreciate and respect the differences among themselves and their co-workers.
The impact of diversity in the workplace is contingent upon several factors. Across companies diversified workforces are becoming increasingly common. To successfully manage a diverse workforce, organizations are ensuring that employees understand how their values and stereotypes influence their behavior toward others of different gender, ethnic, racial, or religious backgrounds; are gaining an appreciation of cultural differences among themselves; and behaviors that isolate or intimidate minorities are being improved (Noe et al., 2010, pg. 302).
Companies such as Buzztronics are leading the way in the global economy because of their dedication to diversity in the workplace. In order to build a diverse and successful workforce, a business needs to recruit, train, and retain capable and talented minorities.
Workplace management is constantly gaining a considerable amount of interest among researchers and practitioners especially with the current awareness of workplace policies. In the current business world setting, employers are trying to catch employees’ attention by claiming to be driven by the “equal opportunity” slogan which implies that once a person becomes an employee in that organization, they will be treated without harassment or discrimination regardless of religion, race, age, sex, race or nationality (Deery, Walsh & Guest, 2011). Any work place that is free from discrimination and harassment is not only important for better performance of the business but it is also part of the law. According to the federal and state
The intent of this paper is to discuss the legal reasons Anna a claim for employment discrimination, and how Title VII provisions are applicable in this case. Discriminatory Practices Unfortunately, Anna was the victim of several discriminatory practices. Retaliation and harassment are two types of employment discrimination
Introduction- Discrimination affects people all over the world. People of all ethnicities and from all different walks of life are influenced in some way by workplace discrimination. "Discrimination" means unequal treatment. One of the most common elements discriminated against is a persons ethnicity, or their race. This is called Racial Discrimination. While there are many federal laws concerning discrimination, most states have enacted laws that prohibit it. These laws may have different remedies than the federal laws and may, in certain circumstances be more favorable than the federal laws.
For the purpose of this paper, I will define what the term Diversity means, and then I will concentrate on the diversity as a result of geographic origin or ethnic diversity. I will look at how ethnic diversity is managed generally and then how my employer, deals with the diverse ethnic groups in its organization and what it needs to improve on.
Introduction Winn-Dixie management does not morally justified in firing Oiler. Being a transgender is not a reason to fire Oliver. Discrimination is an act of distinguishing one object from another. This type of discrimination is consider as an isolated intentional discrimination. These type of discrimination is unlawful according to the title VII and also according to the utilitarian argument, right argument , justice argument, Rawl's argument , Kant argument and many more theories think that these type of discrimination is unethical.
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.