...Employee Discrimination in the Workplace Abstract In today’s business environment, it is really common to discriminate employees against the law. Employee discrimination is where a worker is treated differently, usually worse than others in the workforce. Most common types of discrimination include race, gender, national origin, religion, age and disability. Over the years, there have been many types of federal laws prohibiting job discrimination. Some of the laws include the Civil Rights Act, which prohibits employee discrimination based on race, color, religion, sex or national origin. The Equal Pay Act protects men and women who perform the same and equal work in the same establishment from sex-based wage discrimination. The Age Discrimination in Employment Act protects individuals who are the ages of 40 years and over. The American with Disabilities Act and the Rehabilitation Act, which protects qualified individuals with disabilities who work in the federal government. Also the Genetic Information Act which prohibits employment discrimination based on genetic information about an applicant, employee or former employee. Employee discrimination can take in the form of adverse action that can affect the employee economically. Although discrimination is not intentionally meant, there are some employers who will discriminate against employees. Could you imagine being limited by something that has nothing to do with your skill or ability? If you look at the...
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...Employee Nondiscrimination Handbook Rebecca Sims, Kristi Jones, Ronza Wilkes-Hankinson, Lawanda Collins HCS/430 August 11, 2014 Employee Nondiscrimination Handbook The Employee Handbook in many organizations has in detail what is expected out of the employees in the workplace. The employee handbook covers annual, sick and personal leave, nondiscrimination laws and procedures, open door policy, information about filing complaints, employee benefits, other available benefits, and employee responsibilities. The most important thing that will and should be addressed in the workplace is nondiscrimination. Nondiscrimination is one of the most important aspects in many organizations and is also the number one topic that must be followed through to eliminate law suits and co When dealing with non-discrimination laws in a health care segment or any other work place there are procedures that have to be followed. Some of the non-discrimination issues that must be addressed within the health care organization and other work places and other places would be race, sex, national origin, disability, age, religious or political opinions, etc. Employees should not at any time use filing a complaint as a form of retaliation against another employee. Department of Behavioral Health and Developmental Disabilities (DBHDD) have an unlawful Discrimination Complaint Procedure they use when processing unlawful discrimination or sexual harassment. The organizations...
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...Abstract Gender discrimination is an important issue in the workplace in today’s world. Female employees are facing gender discrimination in the form of different dimensions. This discrimination is disturbing their performance. The main aim of this study is to see the effect of these gender discrimination dimensions which include glass ceiling, salary gap and discrimination in facilities on the productivity of female employees with the mediating effect of job commitment and job satisfaction. The research is focused on the private education sector. The population frame is the female teachers in the private education institutes. A sample of 130 female teachers is collected for this study. The framework is developed for our study for checking the impact of glass ceiling, salary gap and discrimination in facilities on the productivity of female employees. The hypotheses are developed and after the data analysis some of the hypothesis are rejected and some of the hypothesis are not rejected. The hypotheses that the glass ceiling, discrimination in facilities and salary gap has negative impact on employee productivity is accepted which made us to conclude that these discrimination has a big impact on employee productivity and ultimately organizational performance. This study will give some guidelines to the managers and policy makers in any organization that how to reduce these discriminations. Key words: Gender discrimination, Glass ceiling, Employee productivity, salary gap...
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...Are Affirmative Action Plan Goals Evidence of Discrimination? Bikram Prajapati MS510: Human Resources Management Professor Louis Lopez July 29, 2013 Are Affirmative Action Plan Goals Evidence of Discrimination? Affirmative action is a process of actively seeking to identify, hire and promote qualified members of underrepresented groups. The main purpose of affirmative action is to ensure that all racial and gender groups were proportionately represented at all levels of the company The affirmative action is directly related with people perception and Discrimination is define as differential treatment of individuals belonging to particular groups or categories. There are so much controversy on affirmative action whether it is good or bad even that different country easily accept the action. Employee hire under the affirmative action may be less qualified from other so they may be treated as differently but if the both employee which is one from underrepresented group and other from overrepresented group then hiring employee by using affirmative action is best. Such that affirmative action gives “certain criterion of merit”, and it is not intentionally discriminatory because everyone has not equal access or more smart and capable than other group for that job. The capability may be differ by inherently and gender so affirmative action plays an important role to recruit capable people from underrepresented group. Civil Rights Act of 1964...
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...Most of the companies try their best to avoid discrimination in workplace, because it increase resentment between employees, decrease their morale and good performance, and discrimination occur when the manager takes his decision based on race, gender, religion and age. Most countries have a law that prevents discrimination but unfortunately some companies they just don’t implement it. One face of discrimination is favoritism and according to Business Dictionary website it is defined as “The preferential treatment of a person or group of people over other people or groups in the same unit, such as a classroom, social group or workplace.” As an example of favoritism in the workplace a story of Sara who is 23 years old, and was born in New Delhi and had spent most of her life in Alberta, Canada due to her father work. After she graduated with a bachelor degree in business administration, she started searching for a job and she found one in marketing agency, Sara was so excited and she like the place and her workmate. After one year of working in the agency her manager decided that she deserves a promotion due to her hard work and her unique skills, so he made her unit manager. In the beginning it was hard for Sara to manage all this work and the new tasks, but eventually she overcame these problems....
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...and employer-employee agency relationships. • The employee in an employer-employee relationship is authorized to act on behalf of the employer in all business situations. • The principal in a principal-agent relationship has no authority over contracts made by the agent. • The employee in an employer-employee relationship can sign contracts on behalf of the employer. • The agent in a principal-agent relationship is authorized to act on behalf of the principal. 2. In certain types of agencies, the parties involved do not sign a formal contract. However, it can be inferred from their conduct, that they are part of the agency. What is this kind of agency known as? • Implied agency • Express agency • Agency by ratification • Agency by contract Click here to download Complete Answers of LAW 531 Week 4 Knowledge Check 3. Beta Corp. and Woodrow LLC. have formed an agency. Both parties have agreed to the terms on which the agency will operate, and they have signed a contract. According to the terms of the contract, Woodrow, the agent, is authorized to act on behalf of Beta. Identify the type of agency illustrated in the scenario. • Agency by ratification • Express agency • Implied agency • Apparent agency 4. What is true about disparate-treatment discrimination? • It involves discrimination against an entire protected class. • It involves discrimination against an individual belonging to a protected class. It refers to discrimination...
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...former employee of our company has filed a claim with the EEOC that the company discriminated against him and due to this discrimination; the employee was forced to resign due to constructive discharge. The claim states that the constructive discharge violated Title VII of the Civil Rights Act of 1964. The former employee alleges that the constructive discharge was in correlation with religious discrimination based on a work schedule policy change. The former employee states that the change in the work schedule policy was discriminatory, because it required employees to work on a religious holy day and due to this change the employee was forced to quit. Constructive discharge in employment law is typically when working conditions are so intolerable that the employee feels compelled to resign (Constructive Discharge, n.d.). Constructive discharge is a discriminatory practice that forces an employee to resign due to perceived intolerability in the work environment. Courts will typically agree with the claim of constructive discharge, if the court determines that any reasonable employee in a similar situation would also feel discriminated against if in the former employee’s position (Ford, Notestine, & Hill, 2000). Courts also require that an employee show that the working condition was so intolerable and that the employer made it purposely so, it forced the employee to resign (Ford, Notestine, & Hill, 2000). The burden of proof is placed on the former employee to show...
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...3. Key Facts and Analysis. Discrimination in the office workplace, defined as when an employee experiences unfair treatment on the basis of “race, religion, national origin, disabled or veteran status, or other legally protected characteristics,” is an area of legitimate alarm in the American job market, and is prohibited by Federal Equal Employment Opportunity laws. According to these laws, discrimination extends to harassment, retaliation against an employee who files a claim about unfair treatment, and “employment decisions based on stereotypes” (EEOC). While viewers of The Office may laugh at the antics of “Diversity Day,” the episode also portrays how to handle discrimination through the way it precisely portrays how not to handle it....
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...Human Resources JDT2- Task 1 Sandra Emeott 4/18/2011 Introduction: Many would argue that one of the most influential pieces of legislation passed to date is the Civil Rights Act of 1964. Title VII of this act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. It is critical for managers and employees in organizations to have an understanding of equal employment opportunity (EEO) laws to ensure that both employees and managers are protected. Scenario: During your third week as the elementary division manager at a toy company, the company attorney notifies you that a former employee has filed a case against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the new year, requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday...
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...DISABILITY DISCRIMINATION 8 REMEDIES 9 UNFAIR DISMISSAL CLAIM 9 DISABILITY DISCRIMINATION 9 CONCLUSION 10 RECOMMENDATIONS 10 BIBLIOGRAPHY 11 TERMS OF REFERENCE I work as legal advisor for a national toy chain, Playtime. I am going to produce a report examining common law and statutory issues raised by a former employee who may pursue a case for constructive dismissal. I hope to advise Playtime of any action Miss Parry may take in light of her departure from the company and will give recommendations and remedies which may apply to this scenario. FINDINGS CONTRACTS OF EMPLOYMENT An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms' of the contract. (DirectGov, Online, Accessed 18/12/2010) Employment contracts do not have to be in writing, they can be word of mouth. However, every employee is entitled to a written statement containing employment terms and conditions within 2 months of starting work. The statement must contain a number of relevant details such as Hours, Rates of pay, holidays etc, and must comply with Section 1 of the Employment Rights Act 1996. The contract itself is made as soon as a job offer is accepted, and both the employee and employer are bound to the terms of the contract until it ends. If there is an amendment or change to an employment contract / statement, then the employee/s must...
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...Discharge Claim Relevancy of Constructive Discharge We had a former employee file a claim against our company for constructive discharge under the Title VII of the Civil Rights Act of 1964. Constructive Discharge is “when a worker’s resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign” (http://www.dol.gov/elaws/eta.woon/glossary). We implemented a shift change at the beginning of the New Year because the company’s growth has increased greatly. The new shift change requires that production employee’s work four days and then get four days off. Because of this rotating schedule, employees are required to work some Sundays. Because of this change, the employee claimed that the shift change infringed upon her religious beliefs of Sabbath day observance. The former employee quit their job after we implemented the change. In order for the employee to persuade the court that our company created an intolerable work environment, he/she would have to prove that any reasonable employee would have to quit in his/her same situation. The majority of the time, employees have a difficult time proving that a constructive discharge occurred (http://www.justia.com/employment/firing-wrongful-termination). Also in order for the employee to prove that company made the conditions intolerable and that we could not...
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...Disability Discrimination In The Workplace Joe Walters University of Phoenix Dr. Casey Reason May 15, 2013 Introduction The prevalence of disability discrimination in today’s workforce is an important topic in any place of employment. Surveys have been conducted that reveal nearly twenty percent of employers believe that the most significant barriers that disabled people face in finding and securing employment are inaccurate stereotypes and negative attitudes (Roessler, et al., 2007). When individuals are not employed because of some disability, it denies the disabled worker the right to earn an income to provide for their needs as well as their families and it deprives individuals of contributing to society (McCary, 2005). McCary points out that 21 million Americans with disabilities is the largest minority population in the United States. 20 years after the American with Disabilities Act was signed into law, nearly 40 percent of working-age men and women with disabilities were unemployed (2005). As a response to the high rate of unemployment, in 1990 the American with Disabilities Act was passed (ADA) (Ledvinka, 2010). This paper focuses on the importance of disabled people in the workplace, the role that legislation has played to stop discrimination, and what can be done to prevent future discrimination. Court Cases and Legal Protection In 1973 Congress passed the Vocational Rehabilitation Act to regulate issues concerning disability...
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...and class of employer and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2011). The U.S. Equal Employment Opportunity Commission, which was given enforcement authority by Congress in 1972, “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” (EEOC, 2011). This paper will cover the process of an employee who goes by the name of John and works for a private sector organization, feels that he has been discriminated against by his employer and wishes to file a discrimination complaint against the employer he works for. This paper will also analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer through the first steps of the U.S. Equal Employment Opportunity Commission up to the United States Supreme Court Level. Body The E.E.O.C. (Equal Employment Opportunity Commission) of the United States of America has the authority to investigate charges of discrimination against employers who must...
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...Discrimination One of the challenges and issues in our work place is discrimination and it is impossible to prevent or correct discrimination without information about it. Therefore, the Equal Employment Opportunity Commission “EEOC “created a Manual that clearly addresses the importance of policy and procedures in case of discrimination. Based on the Commission's guide, employers are required to prevent and correct discrimination through legislation and efficient enforcement mechanisms in the work place. Discrimination has many faces but, one of the forms of discrimination which we need to have a firm understanding is refusal of standard rights to persons because of race, nationality, age and sex. Race It is against the Title VII of the Civil Rights Act of 1964 that an employer reject to accept an application or refuse hire, promotion, compensation, job training or any other employment privileges because of an employee’s race or color. The U.S. Equal Employment Opportunity Commission (EEOC) reports that it received 100,000 job bias charges during fiscal year 2012. Also, the EEOC has observed The number of people who filed race discrimination claims (33,512) increased in 2012 (Dipboye & Collela,2005).The EEOC indicated that in 2012, discrimination for certain racial minorities showed a deep impact in the current down turn of world of work. For example, in the United States, the unemployment rate remains almost twice as high for African-Americans relative...
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...Employment Law and Discrimination Paper Robert Truitt LAW/531 April 11, 2016 Richard Pacheco Employee Law and Discrimination Paper Discrimination happens in the workplace daily. All employees must report discrimination issues ASAP. This essay will analysis a scenario with an application of the elements of this cause of action and then move to the available defenses to the employee and employer while analyzing the potential civil liability of each possible party-defendant. Analyze each of the elements of this cause of action, the applicable defenses, and the basis for the Judge's ruling. As a result, the sufficiency of articulating a cause of action become crucial, especially when claims involving torts of cheating, deception, and trickery (Marino, 2005). Sex discrimination in the workplace presents one of the most significant problems for women in the twentieth century (McDonald, 1993). In this case, a male felt like he was getting sexual harass. The cause of action in the scenario was; the Plaintiff felt like he did not get a promotion due to the Defendant sending sexual videos to his email. The Plaintiff assumed that his boss saw the sexual email when his boss walked passed his cubicle. The Plaintiff did not have any evidence that his boss saw the video nor that the video was the cause of the Plaintiff not getting the promotion. In the workplace were the Plaintiff and the Defendant work sexual harassment and sexual jokes was the norm with their...
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