Disparate treatment may range from obvious discrimination, to subtle differences in treatment. Documination may be needed to file a complaint with the employment division in her state, based on discrimination by disparate treatment. Keeping a paper trail of documented issues in regards to discrimination is very important because these cases can lead to legal actions.
In today’s society it is essential to understand the difference between disparity and discrimination. There are numerous people who still believe that the world is prejudice. This paper will compare and contrast disparity and discrimination. The paper will give examples of both and there relation to the criminal justice system.
Disparate treatment is the unlawful treatment of individuals that violates Title VII rights. The Different treatment of a plaintiff relies on direct, comparative, and circumstantial evidence to meet their burden of persuasion (Roberts, 2010). When individuals complain, they have been treated differently due to their protected class. They are claiming the organization has discriminated against them. For instance, this employee may state the firm only hires males at this facility. Upon investigation, the employer learns that the ratio of workers who are men is greater than women. At this point, the company may explain why the reason for hiring males is higher since women cannot perform these tasks as it may affect their well-being. Nevertheless,
The Disparate treatment is a unique discrimination practice that is forbidden by the United States labor law. The disparate treatment implies a prejudiced conduct towards an individual because they belong to a protected class that is under the Title VII of the Civil Rights Act (Primus, 2010). This differs with the disparate impact; it is under the circumstances that the organization implements nonaligned rules that treat everybody similarly in form. However, they prove to be a bit disadvantageous to the individuals in the protected classes (Schneider, 2010).
Individuals with a criminal record re-offend mostly because of status discrimination which in turn leads to high unemployment rates. Having a criminal record in today’s society is damning when trying to find employment. Opportunities for an education are slim due to this, leaving them only their shot to gain entry into the workforce. A slew of jobs requiring specific things like licenses are barred from the formerly incarcerated. When released back into society prisoners have to once again try to adapt to a society that has been changing in their absence. Put back into the world with only their clothes and little money they might have had. Often at times with little education or employment prospects it seems that they would just end up back in jail. They head somewhere familiar ensuring that they will be accepted and taken in. Back to their neighborhood and back to old friends they haven’t seen in years. Convicts return back to those bad influences. In order to combat this drug treatments, housing, job training, classes and peer groups are established to assist them. Once released, convicts have many tools at their disposal for getting the help they need but it depends on what state they’re in and on the person. Will they seek help though? Will they themselves willingly avoid what got them into trouble in the first place; from returning home only hoping for the best without trying? With the fear of constant failure and
Through the past couple hundred years, many minorities have faced detrimental discrimination. Those who have been heavy targets are Black Americans. It is common to hear that slavery is over, but those groups still face discrimination today. Why are these minorities paying the price? Institutional discrimination is the cause to this madness. Those who have authority over the average citizen extending their power rights and preforming non-relevant; like over policing the black americans.This is common in everyday scenarios, the courtrooms, the school grounds, and the streets. It starts when these groups are young.
Arabs and Muslims of been the subject of a great deal of injustice and discrimination in the United States. While this community of people have always been victims of unjust treatment it became even worse after September 11th. The Arab and Muslim community have been subjects of hate crimes, racial profiling at airports, and stereotyped as terrorist in movies , and much more(Sue & Sue, 2013). Because of this kind of treatment many Arab Muslim Americans have starting becoming more discrete about their faith, how they worship and have even gone as far as to change their name and the way they dress (2013).
America was languishing as a nation because the people defaulted. "One hundred years later, the negroes are still languished in the corners of American society and finds himself in exile in his own land" (3). Even today we are struggling because of racism. It takes only one story or experience to hate all black or white people and that's the main cause of discrimination or racism. We are all brothers and sisters according to Martin Luther King Jr. If we don't continue to fight off discrimination and racism, Dr King risked his life for nothing. He died doing what he loved and believed in, spreading his speech through out America. "It is obvious today that America has defaulted on this promissory
Have you ever walked into a Starbucks and within two minutes the police escorts you out for no good reason? Can you envision being shot holding a device the cops “feared their lives over”. Imagine being a suspect of interest because a crime was just committed, and you are being just walking home on my regular route but never make it home or even to see another day. “Oppression and discrimination are closely related, as all acts of oppression are also acts of discrimination.” This terror and anxiety occurs every day for African Americans. An individual is set to believe the purpose of the Justice System is to “deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent,” nonetheless with the lack of acceptance because the color of their skin it is hard to get by without looking over your shoulder.
The research bases off on surveys on how much of the general public believes Muslims in the United States face discrimination which appears to be a majority. While data also conclude that many Americans have reservations about the role of Islam in society and also argues that conflicts arise from misunderstandings. Polling conveys that half of Americans believe Islam and Muslims by media is bias and unfair.
The legal issue that is discussed in case 2.1 is disparate treatment gender discrimination. I say this because Harbor Lights Restaurant is reaching out to individuals with two years of experience in bartending or being a cocktail server. Although, this is a qualification for the job and therefore it is not discriminatory. However, in the restaurant's job ad they add a description they trying to hire individuals who can wear uniforms that run from a size 8 to a 12. The restaurant's job description is typically trying to hire a woman instead of men because men do not wear sizes 8 through 12. If a man were to bring this case to court, he would win because the ad displays clear indications of gender discrimination.
In the case of Headrest & Associates, there is a legal issue as a result of this case. The legal issue of this case is disparate impact, which occurs in the case as a result of the company terminating one or more positions. When a rise of positions get terminated, will result in a rise of disparate impact discrimination if the decision is believed to be arbitrary. The employees that will be terminated is said to be either the oldest or the second oldest employees in each department. Although, the company is experiencing a major decrease in revenues and high cost which is taking a huge toll on the company. As a result the company decided to leave the idea of firing the oldest and second oldest employees to each unit supervisor. However there
“With liberty and justice for all.” Those are the final words of the United States Pledge of Allegiance. However, is it true? Is there truly justice for all men and women without any biased interference? Unfortunately, there isn’t always justice nor liberty especially for minorities. Instead people of color are forced to face discrimination and unfair treatment from our Justice Systems. Despite years and years of protests and laws passed to prevent it, discrimination and institutional racism is still a major issue for minorities, to be more specific for men of color. Because of this, male minorities are more likely to be treated unfairly by our law enforcement or wrongly imprisoned by our court systems. Having to deal with such injustice can
There are many people who feel that they have been treated unfairly recently. Whether or not discrimination was a factor, some people may not know. Discrimination is a huge problem in society nowadays, as some form of discrimination has been in the news regularly. One of the most prevalent forms of discrimination is that among people who care more about learning than sports, and those who do the opposite. Typically, the stereotype is that athletes are “all brawn and no brain”, while “nerds” spend all of their time learning and lack social skills. With the public becoming more obsessed with technology and not as encouraged to socialize, society has started to place everybody under various stereotypes, some of which are derogatory, instead of making an effort to get to know people before making judgments.
The individuals in society are who make social interactions. Within those social interactions, individuals create groups based on their similar interests. Unfortunately, those groups have evolved to become negatively influenced. Within these groups are individuals with prejudice, or negative attitudes about people from a certain group, who discriminate, or treat, people from other groups differently (Ciccarell & White, 2017). The individuals within a specific group identify themselves as a part of the in group also referred to as “us” or the people that belong and others outside the group as the out group also referred to as “them” or the people that do not belong (Ciccarell & White, 2017). In-groups appear to have a positive connotation and out-groups are viewed to have a negative connotation (Crisp, 2004). Jane Elliot conducted an experiment known as the Blue Eyes Brown Eyes exercise that expressed these interactions within society. Her experiment viewed the prejudice and discriminatory attitudes certain groups, specifically minorities, come across on a daily basis. Normally, individuals with brown eyes are the minority and individuals with blue eyes are the majority. However, in her experiment, she switched the groups to where brown eyes meant majority and blue eyes meant minority. Her purpose was to have the blue eyes or out group in this situation feel what it is like to be other than white in our society (Mukuka, 2015).
Discrimination comes in many forms. Discrimination and diversity are closely linked considering the reasons behind discrimination are what makes up the definition of diversity. Not only is discrimination made against gender, race, and religion, but it is also made of age, disabilities, appearance and in a lot of cases, women who are pregnant too. This is very much a reality for many employers. There are laws protecting acts of discrimination. This topic is so sensitive, that many employers implement diversity and discrimination into their mission statements. Many companies make it their practice to host training sessions to prevent discrimination from happening, then there are many companies who can’t afford such training for their