Disparate Treatment And Discrimination

During the last part of this century, businesses and organizations have heavily relied on affirmative actions laws to ensure equal employment opportunities. The failure of this dependence upon legislation is that is doesn't address the full spectrum of diversity in the workplace (6). Affirmative actions laws have limitations, discriminating against people holding protected-class status such as women, African Americans, Hispanic Americans, Asian Americans,

Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.

Disparate treatment is intentional discrimination. It exists when individuals are treated differently in a similar situation. It is based on considerations of age, race, color, disability status, religion, gender, or national origin.

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,

Companies that discriminate on basis of a host of job-irrelevant issues, comprising race, sexual orientation, gender, disability, age and ethnicity put themselves at a competitive disadvantage as opposed to companies that appraise employees solely on their credentials and qualifications to work well. Given the high rates of discrimination encountering the workforce today, discrimination based on racial discrimination and sexual orientation represents an actual hazard to the profitability of companies (Oeo.tufts.edu, 2015). This essay discusses the non-discrimination policy of the Home depot company.

The Equal Employment Opportunity Commission (EEOC) is a “five-member body appointed by the President to establish equal employment opportunity policy under the laws it administers” (p. 827, Twomey & Jennings, 2014). The EEOC is “responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (Overview, EEOC, 2014). These federal laws include Title VII of the Civil Rights Act of 1964, as amended in 1972, 1978, and 1991, along with the Equal Pay Act (EPA), and the Age Discrimination in Employment Act (ADEA).

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.

When returning back to Wanzek’s after layoff I had noticed in my paycheck I had lost $2 an hour in pay when I had received a $2 raise and a gift certificate before layoff. I did report the loss of wage to Tina Harrison in Human Resources and she would e-mail Phyllis at Headquarters. Anthony Butler has

In a perfect world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we always face all kinds of neglect based on different attributes. All over the United States, certain people treat others with prejudice because of particular features they possess. Unfortunately, prejudice and discrimination occur even in places which, by definition, should be free of all personal prejudices – specifically, in offices and other business surroundings. This tragedy is called workplace discrimination; not every unfair behavior at work, however, can be assessed as discrimination. Discrimination in the workplace happens when an employee experiences unfair treatment due to their race, gender, age, religion, marital status, national origin, disability or veteran status, or other characteristics. Discrimination is one of the largest issues people face in the workplace and it must be dealt with. The U.S. have laws and regulations on discrimination but it still often occurs. Workplace discrimination appears in hiring, training, promotion, firing, and other institutional or interpersonal treatment. Discrimination sometimes causes an employee to leave or quit the workplace, resign from a position, or in more severe cases, to commit suicide or act violently against the discriminators. Discrimination is one of the largest issues many people face in the workplace.

The Civil Rights act of 1964 along with Title VII gives employees the option to sue business owners based on color, race, sexual orientation, and religion. This act, rules on the fact, that individuals can take action if a discrimination or harassment issues happens at the employer’s workplace. It expands Civil Rights statues to provide more protection against people who are victimized due to discrimination. It sets the guidelines for job related issues due to disparate impact or treatment issues. However, this act does not assure that everyone who faces discrimination will be employed because frankly he is a minority. If it is felt that there is a possibility of

The topic of minorities in the workforce and how the struggle to accomplish equal treatment in today’s workforce is nothing new to our society. For centuries we have been concerned that by bringing together our different backgrounds, skills, and experiences, as well as the many businesses of this great

The EEOC laws, or Equal Employment Opportunity Commission, are federal laws that enforce employers to not discriminate against applicants of any background. Discrimination by types such as age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment are all protected under the EEOC laws. It is also illegal for an employer to “discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” (EEOC , n.d.) The EEOC laws are to help serve justice and to create an equal work environment for people of any kind. The EEOC wants to accomplish the goal of having every applicant to feel at home without being discriminated against. These laws not only affect an employer hiring an applicant however; it affects them in firing, promoting, harassing, training, wages, and benefits. The EEOC’s role is to help find out if any applicant is being discriminated against and to help

Equal Employment Opportunity (EEO) laws have helped shape the workforce today and they have greatly contributed to the introduction of diversity in the working environment. No longer are people rejected of employment based on their race, gender, age, or disability. The labor force has increased from 62 million people in 1950 to over 159 million people in the labor force today (Toolsi). The passing of the EEO laws proved to be a great advancement in the diversity of the workforce and treatment of employees, but it was a tremendous battle to get where we are today. Before the passing of these laws, unequal treatment was normal and discrimination was common among the majority of employers. This made acquiring employment difficult and caused many people to be unemployed. Three Equal Employment Opportunity laws that helped diminish these discriminatory practices were Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the American with Disabilities Act of 1990. For each law, I will describe what it enforces and explain the actions that happened in society and the workplace that made these laws necessary. I will discuss important political figures that contributed to the passing of these laws. Lastly, I will examine how each law has improved human resources and has led to better management of employees overall.

While equal rights and equal pay legislation made it illegal to discriminate “based on race, color, religion, sex or national origin“ (U.S. Equal Employment Opportunity Commission, 2011b, p. 1), the number of workplace discrimination cases continue to rise and is costing employers more than $319 million in 2010, not counting litigation (U.S. Equal Employment Opportunity Commission, 2011a). Many employers have extensive human resource organizations with a sophisticated grasp on the implications of equal rights legislation on employers, that employ professionals, like I/O psychologists and attorneys, to establish fair policies and employment practices, and decrease an employer’s risk of litigation (Aamodt, 2010). In fact, employers often perform statistical analysis of employment practices to understand whether the practice could have an adverse impact against members of a protected class. For example, testing is a practice employers use for employee selection in the hiring process; even when an employment test is determined to be reliable, valid, and cost-efficient, care is taken to assure testing predicts performance equally well for all applications (Aamodt, 2010). Because governments and corporations have a fiduciary duty to citizens and shareholders, employers should continue to care about the issue of adverse impact, but more importantly, both government and corporations have a civil responsibility to treat the members of society fairly, because societal

Many of us have heard of or have been made aware of the phrase Equal Employment Opportunity (EEO). But how many of us genuinely comprehend the criterion of EEO and why it subsists? Equal Employment Opportunity laws are designed to give all workers fair consideration on the basis of job performance rather than any irrelevant personal factors. These laws are in place in order to prevent bias, prejudice, bigotry, and inequity against anyone due to physical abilities, race, religion, gender, or age.