To Hire or Not To Hire, That Is the Question
A large undertaking that is affecting employers today is locating sufficient applicants that are qualified. Many employers are faced with the lack of growth in qualified job applicants to meet with the demands of available jobs. Conducting a background check on a potential employee has become an increasingly common procedure to conduct during the hiring process. Unfortunately, it has created a situation where a potential barrier has been erected that can prevent the hiring of qualified candidates. However, it has been increasingly common for many qualified candidates to have a criminal record. In some cases, some may have committed a serious crime, while others may have only committed a minor crime. It is up to the employer to consider whether they should hire someone with a criminal record or not. An employer must comply with the guidelines of Title VII, set by the Equal Employment Opportunity Commission, which “employers from using policies or practices that screen individuals based on criminal history information if… They do not help the employer accurately decide if the person is likely to be a responsible, reliable, or safe employee”( Pre-Employment Inquiries and Arrest & Conviction). The approach to consider in regards to the question of whether an employer should hire someone with a criminal record or not by responding to the following: negligence in hiring, Did they know or should they have known?, and negligence in supervision.
Negligence in Hiring
Negligent hiring “occurs when an employer is liable for a tort conduct of any employee and the third party has filed a claim against the employer” (Odewahn, C. , & Webb, D). The act of filing such a claim is a reflection upon...
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...I, Cross-Appellees-Defendants, vs. ANGELA PETTIGREW, Appellee/Cross-Appellant-Plaintiff..
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Racial discrimination is a pertinent issue in the United States. Although race relations may seem to have improved over the decades in actuality, it has evolved into a subtler form and now lurks in institutions. Sixty years ago racial discrimination was more overt, but now it has adapted to be more covert. Some argue that these events are isolated and that racism is a thing of the past (Mullainathan). Racial discrimination is negatively affecting the United States by creating a permanent underclass of citizens through institutional racism in business and politics, and creating a cancerous society by rewriting the racist history of America. Funding research into racial discrimination will help society clearly see the negative effects that racism
African American women are considered the most disadvantaged group vulnerable to discrimination and harassment. Researchers have concluded that their racial and gender classification may explain their vulnerable position within society, despite the strides these women have made in education, employment, and progressing their families and communities (Chavous et al. 2004; Childs 2005; Hunter 1998; Settles 2006; Wilkins 2012). Most people agree that race and gender categories are explained as the biological differences between individuals in our society; however sociologists understand that race and gender categories are social constructions that are maintained on micro and macro levels. Historically, those in power who control the means of production
Randall, Vernellia. “What is Institutional Racism?” Dying While Black. 9 Jan. 2008. Web. 16 Nov 2013.
The transformation of affirmative action over the years is generally considered a negative and socially unfair one. Although the original intention of such programs with regard to minority management was one of an undeniably just nature, my research has clearly indicated that over the years, various legal trends have drastically altered the socio-political implications of affirmative action often creating unfair situations for white males who are not part o...
Wheeler, R. (2015). We All Do It: Unconscious Behavior, Bias, and Diversity. Law Library Journal, 107(2),
Sherman, Mitchell. “Equal Employment Opportunity: Legal Issues and Societal Consequences.” Public Personnel Management. Washington: March-April 2008. Print.
Sex or gender discrimination is treating individuals differently just because an individual is a female (woman) or male (man). One issue in today’s job market is gender stereotypes in the workplace and hiring. Gender plays an important role in the workplace. Gender stereotype play a large factor in the workplace. It is evident that females, when compared to males in the workplace, take more subservient roles. Gender stereotypes in the workplace stemmed from the assumption that women belong at home taking care of the children, while men work and make money to support the family. Despite reductions in blatant forms of discrimination, women continue to experience subtler forms discrimination, such as having their input in groups ignored and having their performances devalued (Ridgeway and Correll 2004; Valian 1999). Although many presumes that gender stereotypes targets women, there are just as many stereotypes geared toward men. Both men and women have legal protection against gender discrimination in the hiring process or workplace. Gender stereotypes do exist and influence perceptions of both men and women in everyday life. Sometimes gender bias in job descriptions can deter women that qualifies for the job from applying for the positions. There were many studies that proved that gender and racial biases can affect how employers evaluate potential candidates’ applications, leading employers to favor white male applicants more over equally qualifies women and people of color. The impact of gender bias in the hiring process is implausible. For example, in a double-blind study, science faculty members were asked to evaluate a fictitious student application who was randomly assigned a male or female name for a laboratory manager position. The applicants name was either John or Jennifer. Although both applicants had the same qualifications and experience, the results from the study showed that the faculty members
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,
The institutionalized discrimination of women in the work place is nothing new or unheard of. The brunt of it has happened fairly recently as women began to enter the labor market in force less than a century ago. The affect of this discrimination has had long lasting, generation spanning affects, but as time has passed and feminism spread, the gender-gap has slowly begun to shrink.
Randall, Vernellia R. "Institutional Racism in American Society." Race, Racism, and the Law 2000: n. pag. Web. 27 Nov. 2014.
Race, class, and gender hypothesis appear to survive struggle at diverse level encounters and usually face depletion in presenting a complete and inclusive theory of continuing discrimination that can give details or identify the altering patterns of race and gender dissimilarity in the United States from the past few decades.
Gender roles and racial discrimination has changed in many ways throughout history as within recent societal representation. In the the early 1900s, woman wore skirts that brushed the floor, belted jackets, fancy dresses etc. In the early 1990s, women wore short dresses, heeled shoes, turtlenecks etc. In fact, every succeeding generation has brought with it different expectations for how races,women and men are viewed within society. Although, we may be more open to expectations than were past generations, there are still expected norms of behavior for women and men in society. For example,“gender roles” means society expects
What exactly is workplace discrimination? (Statistic) It can be defined as a less favorable treatment towards an individual or a group of individuals at work, usually based on their nationality, skin color, sex, marital status, age, sexual orientation, or other defining attributes. It can appear as a denial of certain rights, negligent treatment, deliberate harassment or work results and achievements, and so on. A person can be discriminated by their coworkers or by the employer. Thesis: Gender inequality in the workplace is an ethically historic and significant issue which requires adequate solutions because it leads to unethical discrimination of women, minorities, and those who are members of the LGBT community. As a rule, discrimination