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.
"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.
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
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.
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.
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.
Discrimination involves acting out with unfair treatment, directing the action towards the person/group. Discrimination is found among gender, religion, and culture. Some believe that discrimination is an unavoidable force in our lives, that's where they’re wrong. Discrimination is all around us, whether we know or we are just blind to it. Discrimination affects many lives around the world.
There are many forms of discrimination, the need for them to take some action. Some face discrimination by the exclusion of minority shareholders in the management of minority shareholders, withholding dividends, providing extra salary of shareholders.
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.
All over the world, we hear about people treating each other prejudicially depending on their background, ethnicity, or sex orientation. Workplaces should be free from all personal biases but unfortunately, we hear about employees being discriminated against, almost, on a daily basis. Workplace discrimination can be described as treating an individual or a group of people differently than others. It also can take more serious and threatening forms such as sexual harassment. It can be expressed in the form of offensive jokes, unwelcomed body contacts, inappropriate gestures, or even direct sexual contact.
Harassment and discrimination claims are due to lack of education about the subject. As an independent human resources consultant, Santiago-Santos will organize a local education campaign and provide employers with different trainings to educate them and their employees about harassment and discrimination. Employers will have a better understanding on how to develop internal policies and procedures to address these claims. Also, trainings will be provided for employees and they will be educated on how to prevent and identify harassment and discrimination as well as what steps to take in order to report such behavior.
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
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.