All the employees of an organization have the right to work in an environment that is inclusive, free from discrimination, and respectful (Zhu, Yin, Liu, & Lai, 2014). It is the responsibility of an employee to carry out the duties of his or her position, to treat workers and customers with respect, not to participate in any discriminatory behavior, to inform the manager of any discriminatory behavior, and to comply with the laws/rules/policies/regulations of the workplace. In terms of due process, the employees have the responsibility of giving notices and the right of receiving notices. An employee can be complained against and can complain as well. An employee can be appealed against if not satisfied and has the right to appeal if not satisfied. …show more content…
Its essence is that it is an agreement through which the parties involved in a dispute try to solve it outside a court system. For the most part, businesses request that workers consent to an arbitration, in which they surrender their right to sue in court over employment-related issues, for example, termination and discrimination. A worker who consents to an arbitration agreement promises to pursue any claims through arbitration, rather than a lawsuit. One detriment to the arbitration process is it restricts the amount of data every side can get from the other. Generally, this hurts the employee because the business is generally the one possessing the majority of the reports and data relating to the employee 's case. Mediation, on the other hand, is a system in which there is an active participation of a third party, which plays a role of facilitating the process of dispute resolution and suggests the solutions for resolving such disputes (Sirbu, 2013). The employment situation that is best solved by arbitration is a situation in which there is a dispute between the labor unions and the employers concerning the wages of the employees. Mediation best solves a situation in which employees are pushing for their
In the case of a reasonable person test, “a reasonable person in [the employee 's] position would have felt that he was forced to quit because of intolerable and discriminatory working conditions.” The evidence was inconclusive due to Thomas’ “subjective personal discomfort, however, was most likely not the product of any action by appellees but, rather, the product of human nature.” Thomas v. Douglas
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.
The term collective bargaining is quite common within organizational circles. The term captures the reality of the issues that exist in the relationship between employers and workers. Indeed, employers need employees to provide the necessary labor to achieve organizational goals. Irrespective of whether the employer is the government or from the private sector, collective bargaining is an important element for ensuring a better working relationship with employees. To understand this, it is prudent to provide a definition of collective bargaining because it captures its essence. Collective bargaining entails a negotiation process between employers and workers regarding better employment terms and working conditions. Often, employers and employees
... 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.
There are specific criteria as set up to determine if an employer has met the duty to accommodate. Firstly the employer must find appropriate means to meet the accommodation without being discriminatory or disrespectful. In the process of accommodation at no point should the employees other civil liberties and rights be compromised. CRITERIA THAT ENDS EMPLOYERS RESPONSIBILITY TO REASONABLY ACCOMMODATE There are several criteria that end the employers’ responsibility to accommodate an employee.
Any employee that receives any unfair or unfavorable treatment because of his or her ethnicity or race is a victim of unlawful racial discrimination. This also occurs when specific ...
If you are like the majority of managers operating within labor contracts then you can relate to the frustration that accompanies the labor grievance process. For the most part, grievance policies are set to be mediating faucets that allow for a clarification or even a compromise between employer and employees. Yet, what takes place absent a clear understanding of the true purpose of the grievance process may be a whirlwind that brings about much aggravation and frustration between both parties. What follows are three effective methods in ensuring that your company’s approach in dealing with grievances is not distorted or manipulated.
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
As an employer, one must be prepared for the possibility of an internal workplace investigation. The manner in which these investigations are handled is of the utmost importance to all parties involved. The employer has the obligation to conduct a fair, legal, and timely investigation, without bias. Many investigations are the result of direct or indirect notification that harassment or discrimination has occurred. Investigations may also be warranted due to suspicion of substance abuse, theft, threatening remarks, etc.
In conclusion, there are many rights to the employees’ when it comes down to equal opportunity employment. In this paper you learned of a few different types of discrimination towards employees’ and how different acts protect them in the workforce. It also has shown what rights a person has as an employee in the working environment.
Unnecessary conflict may be prevented through employee involvement and treating employees in a fair manner. Ethical employment practices, involving employees in decisions, and treating employees as valued organizational members all work towards a positive employer-employee relationship. Unfortunately, however, it sometimes becomes necessary for an outside party to help employers and employees resolve differences through processes such as mediation or arbitration. Taken together, positive engagement strategies and constructive resolution of differences help to develop relationships which support organizational performance and success.
Workplace harassment is unwelcome actions that are based on a person’s race, religion, color, and sex, and gender, country of origin, age, ethnicity or disability. The targets of the harassment are people who are usually perceived as “weaker” or “inferior” by the person who is harassing them. Companies and employers can also be guilty of workplace harassment if they utilize discriminatory practices against persons based on ethnicity, country of origin, religion, race, color, age, disability, or sex. These discriminatory practices have been illegal since the passing of the Civil Rights Act of 1964 (Civil Rights Act of 1964), and have been amended to be more inclusive of other people who experience discrimination by the Civil Rights Act of 1991 (The Civil Rights Act of 1991), and most recently, President Obama’s signing of the Lilly Ledbetter Fair Pay Act of 2009 (Stolberg, 2009).
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.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at reaching agreements to regulate working conditions. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.