Employee Discrimination Case Study

he focus on equal employment opportunities has increased the importance of strategic recruitment and selection processes in place by employers. In order to increase workplace diversity, employers are to comply with both equal employment opportunities and affirmative action regulations. While employers may not directly seek to discriminate against those of either protected classes/groups or non-protected classes/groups, they should develop and implement progressive recruitment and selection strategies to better ensure that they do not face discrimination law suits. Discrimination, as defined by the Merriam-Webster dictionary, is the practice of unfairly treating a person or group of people differently from other people or groups of people .

These laws, although helpful, limit the ability of the host employer to be very selective in the way they go about hiring prospective employees. Disparate impact law requires that the plaintiff show evidence of disparate impact, in addition to showing alternative procedures available resulting in equal or perhaps better employer practices and a lessened discriminatory effect. Moreover, employers must also ensure that their recruitment and selection processes undergo a series of validation, including: content, construct, and criterion. Content validation requires that a given test be specifically related to the job. This is because the test content must be representative of important aspects of performance on the job for which the candidates are to be evaluated. Criterion validation requires proof that the administered test or job qualification is correlated with good performance on the job as specified by job criterion. Construct validation of the other hand requires that an administered test of job qualification measure an abstract ability or characteristic that directly correlates with successful job related performances. Conversely, disparate treatment law requires the

Therefore, the employer should implement and exercise non-discriminatory recruitment and selection proceeses. These processes should be However, in the event that an employer is being sued, employers should shift the burden to the employee to show a nondiscriminatory reason for the lack of their employment. These include: qualifications, experience, performance, past work record, and behavior. By doing so, employers are able to make use of the Bona Fide occupational Qualification defense which argues that there may be a specific set of characteristics that are reasonably necessary for the normal operation of the employer’s business or the performance of a particular