Employment Opportunities And Affirmative Action Regulations

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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 . While broad in definition, discrimination cases can be made under one of two theories: disparate impact discrimination and disparate treatment discrimination. Disparate impact discrimination occurs when an employer’s policy or practice, neutral on its face and in its application, has a negative effect on the employment opportunities of protected class individuals . Under this theory, neutral refers to the requirement of all employees and/or applicants to take the same assessment or possess the same position qualifications. Furthermore, this type of discrimination generally results in substantially different rate of selection in hiring, promotion, transfer, training, or in other employment decisions which work to the disadvantage of members of a protected group or gender. Disparate treatment discrimination, on the other hand, occurs when an employer treats an employee or applicant of a protected class differently from a non-protected class employee or applicant in a similar situation. Additional... ... middle of paper ... ...monstrate discrimination by proving that the employer’s motivation were bias. First and foremost, employers should not seek to actively discriminate against member of protected classes or groups. 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 job.

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