...relates to discrimination and sexual harassment. Discrimination and sexual harassment are two very hot topics that are indicative of bias in the hiring process and an environment of hostility and offensiveness in the workplace. It is unlawful to discriminate against an applicant and with anti-discrimination legislation in place; the employment recruitment and selection can only be based on the potential candidate's ability to perform assigned tasks. Attributes such as the level of experience, degree of education, and the quality of skills should be the only factors of consideration with no regard to disability, age, ethnicity, gender, or other distinguishing characteristics of the applicant ("Discrimination in the Selection Process”). Sexual harassment in the workplace can come in form of sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. There are two types of sexual behaviors that are unlawful: quid pro quo sexual harassment and hostile-environment sexual harassment. Quid pro quo sexual harassment happens when an individual's submission or rejection of sexual advances is used as the basis for employment decisions or as a term or condition of employment (“Sexual Harassment”). Hostile environment sexual harassment occurs happens when there is unwelcome sexual conduct that interferes with an individual's job performance and creates a hostile, intimidating or offensive work environment. Discrimination Anti-discrimination legislation...
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...modern phenomenon, it would not be possible without the pioneers of the Women’s Rights Movement; however there are still challenges women face, such as gender discrimination. Gender discrimination is treating individuals differently in their employment specifically because the individual is a woman or a man. Currently the federal law, Title VII of the Civil Rights Act of 1964, protects individuals from discrimination based upon sex or gender. This law makes it illegal for an employer to discriminate against individuals because of their gender in the following actions: hiring, firing, and other terms and conditions of employments, such as promotions, raises, and other job opportunities. Title VII covers all private employers, state and local government, and educational institutions that employ more than 15 individuals. Even though gender discrimination is illegal for companies to discriminate against, it seems to still be an issue in the 21st century. The focus of this research paper is on gender discrimination in the technology industry in Silicon Valley as recent news scandals by companies such as Google, Facebook, and Twitter have made mainstream media, the reasons why women are behind in the technology industry and how companies manage or should manage their operations in order to prevent gender discrimination. It is an unfortunate fact of life that much of Silicon Valley and the technology industry is...
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...Increasing Age Diversity in the Workplace Sarah Williams Southern New Hampshire University Professor Jennifer Varney Organizational Behavior 500 Abstract In this paper we will discuss the factors that relate to the relationship between the employee and employer in regards to age diversity and how organizations can handle this form of diversity. Managers have a unique challenge with having such a diverse workforce as they need to be able to prevent it from occurring. They also need to be watchful as even with the best policies discrimination can still occur and they must be able to handle the quickly and efficiently. No person should feel discriminated against in their place of employment and possibly with everyone adhering to the policies this may one day be the case. Increasing Age Diversity in the Workplace In a country that is diverse as the United States one would think that discrimination would not occur. Unfortunately differences in age, culture, and sex still represent some of those that are being discriminated against. Companies are taking steps to prevent further occurrences but even this is not enough as there are still documented cases of discrimination that have occurred. We also have no way of quantifying the amount of cases that have gone unreported. Anti-discrimination laws have been passed, now it is up to the companies to implement policies that adhere to these laws and ensure equal opportunities to all of their employees. As the population...
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...Discrimination and Harassment in the Work Place/Education System Sexual and racial harassment refers to the action of repeated, annoying sexual comments, gazes, threats due to race, and physical contact at the workplace and in schools. The 1964 civil rights federal act makes it illegal for employers to discriminate against employees or potential employees on the basis of religion, national origin, sex, color, or race. Now, companies and education entities around the world face the task to ensure decent working conditions for their employees and students in an environment free from discrimination and harassment. In cross-cultural companies, it's rather difficult because of the peculiarities of the mentality and the differences in cultural practices, but it is necessary to solve the problem of discrimination and harassment. Sexual and racial harassment is a common problem for both women and men; it not only leads to discrimination in labor, loss in wages, low productivity and stress, but also influences the general atmosphere of lawlessness and violence. There are many forms of discrimination, especially in the workplace. Before we get into the different types of discrimination, we need to define the word discriminate, which means to make a “distinction in favor of or against a person or thing on the basis of the group” or class, especially on the grounds of race, age, or sex. Discrimination around us First, let’s talk about discrimination; could you imagine...
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...Court Cases and Legal Issues Regarding Religious Freedom and Discrimination. According to the Title VII of the Civil Rights Act of 1964 (CRA/ Title VII), religious discrimination is prohibited and employers are required to accommodate an employee’s earnestly held religious beliefs, observances, and practices, within reason, if honoring the accommodation would not impose any undue hardship on the organization. The Equal Employment Opportunity Commission (EEOC) has presented many claims and federal court cases that identified discrimination involving religion and ethnicity, so in a joint initiative, the Justice Department, The EEOC and the Labor Department implemented a strategy for increasing diversity sensitivity in an effort to combat cultural...
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...Introduction In employment, there is a different form of discrimination that employees face. Some of the discrimination include age discrimination, color discrimination, religious discrimination and race discrimination. There are other types of harassment such as sexual harassment. It very illegal form companies to discriminate their employees. Laws have been laid down to deal with some of the enterprises that offend their employees in any their workplaces (Curry-Swann, 2011). According to the Title V11 of the Civil rights act of 1964, employees are warned against discriminating their employees against their religious beliefs may it be either in hiring them, giving in the terms and conditions of their workplace or firing. Employers are also prohibited against segregating their workers by religion (Curry-Swann, 2011). According to the Act, employers are supposed to accommodate their employees in a reasonable manner in their religious beliefs and practices. Employees have different religious beliefs such as grooming and different times to attend their services. An employer should give a conducive environment to work (Peres, 2011). Also, the employers are also warned against offensive remarks on one’s religious beliefs, or practices. Despite the law not prohibiting against teasing, abusive comments or incidents which are not severe the harassment can be termed as unlawful if frequently repeated, creates a unconducive environment for working or when they cause adverse decision...
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...Introduction July 2nd, 2014 will mark the fifty year anniversary of the enactment of the Civil Rights Act of 1964. Title VII of the act made workplace discrimination illegal. However, fifty years later we are still debating the issue and there is overwhelming evidence that discrimination in the workplace still exists. Alarmingly, workplace discrimination claims based on race filed at the Equal Employment Opportunity Commission (EEOC) have reached record highs within the last three years. In 2010 alone, there were 93,727 charges reported to the EEOC . This article will review current law regarding discrimination by employers. It will determine if these laws are effectively preventing or reducing discrimination in the workplace. Finally, this article will explore what changes, if any, should be made to the law. I. Relevant Law Title VII of the Civil Rights Act of 1964 is intended to make illegal discrimination by an employer based on race, color, sex, religion, or national origin. Title VII applies to employers who have at least fifteen employees. Originally, the minimum was twenty-five employees until the Equal Opportunity Act of 1972 reduced the number to fifteen. The most recent modifier of Title VII is the Civil Rights Act of 1991 which kept the employee minimum at fifteen but allowed for monetary damage awards for victims of discrimination. The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing Title VII. Title VII also says that equal employment...
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...Discrimination at Work In a model world it would be assumed that everyone would be treated fairly when applying for a job and advancing within the field. The issue of discrimination due to diversity is still a major issue in today's time. Discrimination still plays a dominant role in the hiring, firing, and promoting of individuals. Diversity does not just include dissimilar races, but age, gender, and religion as well. Most people do not sit and analyze the larger picture. Discrimination affects people all over the world. People of all ethnicities and from all different walks of life are influenced in some way by workplace discrimination. "Discrimination" means unequal treatment. One of the most common elements discriminated against is a persons ethnicity, or their race. This is called Racial Discrimination. Could you imagine being limited by something that has nothing to do with your skill or ability? If you look at the leadership positions of many of the world’s top companies, you will find few women occupying them. This contrast can also be related to the role of African American people in companies. It is very apparent when you think about the number of Black CEOs versus White leaders, something is preventing them from reaching the top. Although many people believe racial discrimination is mostly a thing of the past, it is still prominent as an invisible barrier in one of the most prominent areas of life, the workplace. Racial discrimination happens all the time...
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...the lawsuit Gender-based wage discrimination is an unlawful employment practice which should not occur in the United States today. Yet unfortunately, this type of discrimination is still faced by women in the workforce. The Equal Employment Opportunity Commission (EEOC) has filed a suit in the U.S. District Court for the District of Maryland, Greenbelt Division on behalf of a former employee of Extended Stay Hotels, Latoya Weaver. The suit alleges that Ms. Weaver had been the victim of gender-based wage discrimination, during her period of employment at the hotel chain’s Lexington Park, Maryland facility. Weaver, an experienced guest services representative, who had worked for the company for five years, discovered that two newly hired male guest services representatives were being paid at a significantly higher rate per hour than she was, for performing the same duties at the same facility. A brief summary of the functions of the EEOC The functions of the EEOC are centered on enforcing the federal laws pertaining to discrimination in employment. This includes many work situations, from unlawful hiring practices to wrongful termination, the EEOC’s function is to protect both job applicants and employees from being discriminated against due to race, religion, sex, age, national origin, disability and genetic information (U.S. Equal Employment Opportunity Commission, n.d.). The EEOC’s mission is to “Stop and Remedy Unlawful Employment Discrimination” (U.S . Equal Employment...
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...general, legal precedence the ruling sets for most businesses, and the role the federal enforcement agency plays in ensuring the organization’s compliance to regulation standards. Case Summary The University of California at Davis developed and implemented a special admissions program to increase enrollment of “disadvantaged” applicants, which meant minority students. The number of minority students increased. The special admissions goal was to fill 16 of the 100 positions with “disadvantaged” applicants whom would be selected by a special admissions committee. Allan Bakke, a Caucasian male, was denied admission to the school twice. Bakke brought a suit against the university on the grounds of Civil Rights Act violation and reverse discrimination, alleging preferential treatment of one group (minority or female) over another group opposed to equal opportunity (Byars & Rue, 2008). Court’s ruling The Supreme Court ruled in a five-to-four decision in favor of Allan Bakke and deemed the schools admissions system to be illegal. However, by another five-to-four vote, the Court held that at least some forms of race-conscious admissions procedures are constitutional. the Court stated that race or ethnic background may be deemed a plus in particular applicant’s file, but it does not insulate the individual from comparison with all other candidates for the available positions. The decisions in this...
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...Employees’ rights at the workplace Herzing university Musa Alajil Class: Introduction to management Employees’ rights at the workplace Convenient jobs for all. Many people around the world try to find an income source to have a good life. The countries’ economy is different so the difficulty of having a job defer from country to country. Nevertheless, this does not mean accepting working under any condition. The workplace is a major part of the business and its success. This means that the employee must feel protected at his/her work. Many workplaces around the world lost its productivity and reputation because of work environment discomfort which caused the employees to leave their jobs. This can be reflected on the economy in general. Therefore, the governments and labor organizations created laws to protect the employees’ rights. The employee must have protective lows in terms of safety, health and discrimination. The employees at the workplace have the right to work in a safe environment. There is a huge number of industries worldwide. Every industry and company has different management structure as well as a different production process. All of these businesses and work places share the idea of the workplace safety importance. Therefore, many rules and laws were made to protect the employees’ safety. For example, OSHA (occupational safety and health association) is one of the most important rules in terms of workers and workplace safety. This administration was...
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...University of Phoenix Material Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. | | |Court Case Influential to | | | | |Description and Requirement of Law |Establishment of Law |Importance of Law |Workplace Application | |Employment Law | | | | | | |Title VII prohibits discrimination in |General Electric Co. v. Gilbert (1976)|To eliminate employment discrimination|This law was originally meant for | |Civil Rights Act of 1964 |hiring, compensation, terms, | |based on race, color, sex, national |employers with 25 or more employees | | |conditions, or privileges of | |origin. |but in 1972 it was reduced to 15. | | |employment based on race, religion, | | ...
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...case is its discrimination of women in the workforce, and how they go hand in hand with the utility, rights, and justice arguments of discrimination. The Utilitarian arguments claim that discrimination leads to inefficient use of human resources. This applies to the Wal-Mart case because they were not getting full use out of their employees because they would often times promote a man instead of a woman, even if she had more experience and was better qualified. Studies conducted by a statistical expert that the six women hired, Richard Drogin, revealed that a much larger amount of men were receiving promotions at every level in the Wal-Mart workplace, even though women’s performance ratings were higher than men’s. Wal-Mart was clearly not promoting or giving benefits to these women because of their gender, and they were stuck underneath the “glass ceiling.” The Rights-based arguments claim that discrimination violates basic human rights. In this case, Wal-Mart didn’t view women to be equal to men because men were receiving the promotions when it should have been the women, as stated before. A Kantian argument also states that a person would not want to be discriminated on the basis of their characteristics that do not affect the person’s ability to perform a job, in this case, being a woman. Wal-Mart is not viewing their male and female employees as equals, as they should and stated they would, and therefore it plays right into the rights-based discrimination argument. The...
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...Evaluate the effectiveness of the legal system in dealing with discrimination against women. Anti-Discrimination Act 1977 (NSW) Crimes Act 1900 (NSW) and all amendments De Facto Relationship Act 1984 (NSW) Fair Work Act 2009 (Cwlth) Industrial Arbitration (Female Rates) Amendment Act 1959 (NSW) Married Persons (Property and Torts) Act 1901 (NSW) Married Women’s Property Act 1893 (NSW) Sex Discrimination Act 1984 (Cwlth) Women’s Legal Status Act 1918 (NSW) Affirmative Action (Equal Opportunity for Women) Act 1986 (Cwlth) Intro: Women over the years has been known of their traditional roles as domestic carers being exposed to different kinds of discrimination and it has only been recently that laws and legislations have been put in place in order to protect women in Australia.Victimisation and discrimination denoted Women seen as property of men, unito caro Women during the 19th were seen as the property of men and unito caro, one entity, ‘one flesh’ with her husband Not allowed to enter contracts; Married Women’s Property Act 1893 (NSW) can own property and enter into contracts Married Persons (Property and Torts) Act 1901 (NSW); the right to sue and be sued is granted The eventual change in traditional gender roles was caused by gradual empowerment of women To be allowed to vote: Legal responses: Education : women discriminated against due to sex, women was not a ‘person’ e.g. In 1899, Miss Ada Evans completed her law degree and was discriminated...
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...According to the case, Kimberly has faced a lot in her life. First she converted herself into female by having sex reassignment surgery. She was abused physically and emotionally in her relationship and then later she joined the rape crisis center as volunteer. At her workplace she was asked to leave during her training session because someone came to know about her real identity that she was converted from male to female so it clear that she was discriminated at workplace on the ground of gender identity. Gender identity ground of discrimination means each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person’s gender identity may be the same as or different from their birth-assigned sex. Gender identity is fundamentally different from a person’s sexual orientation (Ontario Human Rights, 2014). Another fact of the case can be consider that Kimberly was harassed at workplace because she was asked to leave the room. According to Ontario human rights commission any type of harassment not allowed at workplace and employer is liable for any discrimination and harassment that happens. Employer is also liable for not accommodating a transgender employee needs unless it would cause undue hardship and must take the complaints and work in favor of Kimberly. The duty to accommodate the needs of transgender people is a shared responsibility. Everyone involved should cooperate in the...
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