...2010 Employment Discrimination in the Ethnically Diverse Workplace Tanya Kateri Hernandez Fordham University School of Law, THERNANDEZ@law.fordham.edu Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Tanya Kateri Hernandez, Employment Discrimination in the Ethnically Diverse Workplace , 49 Judges' J. 33 (2010) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/14 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact tmelnick@law.fordham.edu. .. . .......... By Tanya Kateri Hernandez a1cial integrto has long been the touchstone of racial progress in the 0 workplace. But integration is only the beginning of the struggle to end racial discrimination. As workplaces become more diverse, they do nor necessarily becomie less racially discriminatory. Diverse workplaces may be characterized by antagonism between people ofdifferent races. Interethnic discrimination may exist along side the discrimination that has traditionally occurred between blacks and whites, i.e., non-white racial and ethnic groups may engage in disparate-treatment employment discrimination...
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...Employment Discrimination BUS 311: Business Law I Employment Discrimination Employment discrimination occurs to many groups of individuals and has been happening for many decades. In the U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons. Laws have been prepared to discourage discrimination from occurring. Equal opportunities laws aim to create a level playing field so that people are employed, paid, trained and promoted only because of their skills, abilities and how they do their job. Discrimination happens when an employer treats one employee less favorably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or a minority ethnic employee being refused the training opportunities offered to white colleagues. There are many types of discrimination. Direct discrimination happens when an employer treats an employee less favorably than someone else because of one of the above reasons. For example, it would be direct discrimination if a driving job was only open to male applicants. Indirect discrimination is when a working condition or rule disadvantages one group of people more than another. Indirect discrimination is unlawful, whether or not it is done on purpose. It is only allowed if it is necessary for the way the...
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...The major role of the Equal Employment Opportunity Commission (EEOC) is to guarantee and promote equal job opportunities. The Commission enacted legislation prohibiting employment and workplace segregation based on people’s demographic characters. Some of the great laws against employment discrimination include the Civil Rights Act of 1964 and the Equal Pay Act of 1963 (Harvard Law Review, 2015). Due to the changing societal needs, the commission has enacted several other laws addressing these new employee requirements. For instance, the Commission proposed some amendments to the Age Discrimination Act. Successfully, the U.S Supreme Court upheld these proposed amendments terming them as an excellent way of promoting employee welfare. Despite the commission’s tireless efforts towards employment equality, some discriminatory measures are persistent in the labor department. Regardless of the government’s vigorous efforts towards promoting workplace gender equality, gender discrimination remains consistent. For instance, most employment cases filed in the courts of law are gender related. In spite of their academic qualifications and clear demonstrations that they can work as good as their male counterparts, women still face workplace discrimination. Notably, sex discrimination is not a predominantly female issue as it also happens to men (Harvard Law Review, 2015). However, male-related reported cases are entirely negligible. Societal culture and norms explain the unending gender...
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...Discrimination on the basis of sexual orientation For the purpose of this assignment I selected the state of New York. I selected New York because it is considered one of the trends setting states for celebrities, fashion, partying, and in many people eyes the place to be on the east coast. New York was the 11th state in the United States and its capital is in Albany. It is probably remembered the most today because of the attack that occurred there on September 11, 2001 on the twin towers. Famous attractions like Central Park, the Statue of Liberty and Times Square are also located there. New York protects discrimination against gay/homosexual people with the Sexual Orientation Non-Discrimination Act (SONDA), which took effect in 2003. According to Office of the NYS Attorney General (2015) “SONDA, prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights”. New York already has legislation that complies with the federal regulations of the Equal Employment Opportunity Commission (EEOC) and other federal agencies the prevent discrimination based on race, sex, and religion. They have also added the term sexual orientation to other state law that prevents discrimination based on Civil Rights, Human Rights and Education Laws. SONDA defines sexual orientation as a male or female who is bisexual, homosexual, heterosexual or if a person is perceived to be in...
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...Abstract The effects of discrimination have been pervasive in our society for many years. Over 30 years ago, initial legislation was enacted to eliminate discrimination in employment due to race, color, sex, religion or national origin. Several years later, the Age Discrimination Employment Act of 1967 made it unlawful to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment due to age. However, age discrimination continues to be a problem that particularly manifests itself in the workplace. This paper is concerned with examining the origins of the discrimination that occurs in the workplace and the background of ADEA. Age Discrimination Act Discrimination against older worker occurs so often that Congress made an act to protect older workers from discrimination; this helps prevent increased unemployment for those older than 40 years of age. In 1967, congress made the Age Discrimination in Employment Act for the purpose of promoting the employment of older workers based on their ability instead of their age. This act applies to employment by public and private employers and by the unions and employment agencies, as well as foreign companies that have more than 20 workers located here in the United States. In 1967 the act covered employees between the ages of 40 and 65, the upper limit was extended 70 in 1978 and then the limit was removed completely later on...
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...Employment Law and Discrimination Ali Akbar LAW/531 February 2nd, 2016 University of Phoenix James Charnell Employment Law and Discrimination Johnathan Silverstein is suing Meredith Shaw for sexual harassment based on the fact that she put a “sexy screen saver” on his computer in which his supervisor seen and apparently used it as an excuse to deny him a promotion. The two were once friends and had played numerous of pranks on one another for several years. The only time that it went too far is when he felt like he lost a promotion because of it. According to The Free Legal Dictionary (2003) the federal courts did not recognize sexual harassment as a form of sex discrimination until the 1970s, because the problem originally was perceived as isolated incidents of flirtation in the workplace. Employers are now aware that they can be sued by the victims of workplace sexual harassment. An applicable defense, in this case, is that the behavior was unwelcome. However, the judge ruled that the Plaintiff took part in the action before, and the only reason he is doing something about it now is because he believes it cost him a promotion. The Plaintiff admitted that he had never told the Defendant to stop or that it made him feel uncomfortable. He also admitted that he did not inform the supervisor or the Human Resources Department about the Defendant’s behavior. According to The Civil Rights Act of 1964 Title VII, it makes no difference . . . Whether the person whose acts...
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...discrini Age discrimination Name Institution The ADEA prohibits employers from refusing to hire, interview, and discharge or discriminate an employee in any other way because of their age. The act is very specific on employees aged over 40 years. Its main purpose is to create more employment opportunities fro the order persons and eradicate in all ways age discrimination in employment. According to the bureau of national affairs (1993), the act mandates that the older people be given similar treatment to the young employees in terms of promotions, trainings and any other work benefits. The act supports the employees of older age provided that they have the ability to carry out the needed work, rather than checking on their age. Since the act was amended, there have been many changes in the manner which employees are handled at work place (Munnell, 2008). Today, many people are opting to continue working full time till they get to their eighties, without getting worried of age discrimination at work place. There is however cases of age discrimination that still exist. For instance, you can be forced to get an early retirement if you work for a federal or local government or in a private organization with less than 20 employees. In the future, I am assured of job security till I get to the rightful retirement age provided that I still have the ability to do the work as needed. Moreover, I will be able to get employment benefits just like the younger employees. Since the...
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...Employment Law and Discrimination: Sexual Harassment Maria Cullooyah LAW/531 – Business Law January 11, 2015 Aaron Kemp Introduction Although there are several types of discrimination, sexual harassment has become a serious issue, not only in the workplace but everywhere near and far. Sexual harassment affects not only the victim, but the defendant and colleagues. This type of law suit is a violation of both state and federal law. According to federal law sexual harassment violates Title VII of the Civil Rights Act of 1964. The Title VII law holds employers liable when there are inappropriate sexual advances in the workplace. In the video presented, there will be an analyzation of a case involving sexual harassment. Elements will be identified, applicable defenses, judge’s ruling, if there are any potential civil liabilities and a different case scenario will be addressed. Cause of action In this case, two employees who work for a computer company GHI-Soft. The Plaintiff, Mr. Silverstein, alleges that his co-worker Ms. Shaw is guilty for sexual harassment. Mr. Silverstein claims Ms. Shaw placed a sexual explicit screen saver on his computer at the same time he was up for a promotion. Due to his supervisor seeing this screen saver, he also claims this was the basis for him not being chosen for the promotion. After talking with Ms. Shaw, she claims that a solid friendship over the duration of employment had been formed or so she thought and Mr. Silverstein had never...
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...Employment Discrimination Trends HRA 596 July 26, 2012 Executive Summary The Equal Employment Opportunity Commission (EEOC) is responsible for investigating any legitimate claim of discrimination. Since it was created in 1965, the EEOC has investigated hundreds of thousands of claims on race, age, sex, age, religious, and disability discrimination. These investigations are then compiled into detailed reports that show the type of discrimination and the number of claims filed for each per year. These reports demonstrate that in spite of the EEOC’s continued prevention efforts in the form of education and outreach programs, the number of discrimination claims have continued to increase. The reports by the EEOC also demonstrates the current and previous trends in discrimination claims, which allow one to get an idea of which claims are prioritized, although all claims are dealt with and taken seriously by the EEOC. Employment Discrimination Trends The role of the Equal Employment Opportunity Commission (EEOC) is to ensure that federal laws put in place to prevent employment discrimination based on an applicant’s “…race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (“Overview,” n.d., para. 1). The EEOC is responsible for preventing or investigating any claims of discrimination that occur based on these criteria. The EEOC also educates employers on discrimination laws and methods of ensuring...
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...Discrimination and Employment Laws Stephen Moseley ETH/321 July 21, 2016 Shaune Arnold Introduction There are many types of discrimination that can be found in different types of work environments. Discrimination complaints could be caused by an employee being treated unfairly because of race, color, national origin, sex, or religion. The Equal Employment Opportunity Commission (EEOC) was established to enforce discrimination laws that have been set up to protect the employees from the different types of discrimination. One of the key forms of legislation to protect employees is Title VII of the Civil Rights Act of 1964. Unfortunately, sexual harassment is a common complaint in a work environment. Sexual harassment does not just have to include inappropriate unwanted touching. Sexual harassment complaints also include derogatory, suggestive, or rude comments, intimidation, and displaying inappropriate photos within the workplace which creates a hostile work environment. Sexual harassment cases are filed with the courts in every state. This paper is going to concentrate on the Alabama case Reeves v. C.H Robinson Worldwide, Inc. A brief background of the reason for the complaint, employer defenses, and the court ruling will be covered. A final topic will analyze if an employer responsible if the accused harasser was an independent contractor instead of an employee. The Case Only two female employees worked for C.H. Robinson Worldwide, Inc. Reeves was employed as the transportation...
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...Unintentional discrimination or disparate-impact occurs when a protected group of people is adversely affected by an employer’s practices, procedures, or tests, even though they do not appear to be discriminatory. Lyle’s claim of racial discrimination would fall under this due to the fact the the scriptwriters were unaware that Lyle found their words offensive. In their minds, they were just doing their job of writing a script for a television show that did include this adult humor. Lyle was not intentionally discriminated against because she was given the job initially. Amaani Lyle cannot show prima facie in this case. In order to show this, she must meet and prove the following: She is a member of the protected class. She applied and was qualified for the job in question. She was rejected by the employer. The employer continued to seek applicants for the position or filled the position with a person not in the protected class. She in this case can only prove one of these four requirements which is that she is a member of a protected class. Amaani was given the job because she claimed she was qualified. The fact that it was later discovered that Lyle could only type fifty words per minute, would have a huge impact on her case. She was hired under the false idea that she could type eighty words per minute. She applied and was hired for a job that she was not in fact qualified for which led to her termination. Lyle was fired because she could not type fast enough...
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...he feels this behavior have cost him is promotion within the company. He admits that he never did anything about the behavior even though it make him feel very uncomfortable. He also admits he did not feel the policy within the company and report these issues to his supervisor or Human Resource Department. I can agree with the judge’s rule because if he been having issues like this then he should have reported it soon as it happen. Him not reporting it makes it seems like he was interested in this type of behavior. References Bland, T. S., & Stalcup, S. S. (2001). Managing harassment. Human ResourceManagement, 40(1), 51-61. Retrieved fromhttp://search.proquest.com/docview/222063028?accountid=458 California Department of Fair Employment and Housing. (2010). Retrieved fromhttp://dfeh.ca.gov/ Roberts, P. (2001). Employers' Liability for Sexual and Racial Harassment:Developing the Reasonably Practicable Steps Defense.Industrial Law Journal,30(4), 388-395. Willey, E. K., & Butera, J. J. (2015). THE CIVIL RIGHTS...
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...Running head: Discrimination in the Workplace Discrimination in the Workplace David Larkin University of Phoenix LAW531 January 10, 2009 Abstract For this assignment I read Chapter 20 in the assigned text as well as the scenarios and questions posed in the syllabus. The objective of this being, to analyze the scenarios given and answer the questions appropriately. Discrimination in the Workplace Scenario 1: “Just Good Fun” When Maria Suarez got her new job, she was happy. As an oil rigger, she would make enough money to support herself and her two children But after a week of working with a primarily male crew, her happiness was gone. Her coworkers were the reason. At first the men made unwelcome comments about her body. Then sexual graffiti mentioning her name appeared. When she came to work one morning a nude female picture was pinned to one of the rigs. Her name had been scrawled across the bottom. Maria complained to the crew foreman, who referred her to the site manager. “Let’s ignore it for a while,” he told Maria. “It’s just good fun. The men are testing you. You’ve got to fit in.” Question 1: What are Maria’s legal rights in this situation? Maria would be well within her legal rights to bring suit against her employer based on the information given. Moreover, according to Judge Kennedy’s opinion in the case of Burlington v. Ellerth, an employer is subject to vicarious liability to a victimized employee under certain conditions. The first condition is that the...
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...harassment and discrimination in the workplace. Sexual Harassment and discrimination in the workplace have evolved throughout the centuries. The workforce has gone from being predominantly male dominated to being equal as more females are entering the workforce. Females over the years have become more career-oriented; therefore, many are the place within positions of authority as their male counterparts. Sexual harassment and discrimination are no longer restricted to males being the harasser. Today, a large majority of employees both males and females are subject to some form of harassment and discrimination in the workplace. How it impacts society, how employees deal with it, the ethical dilemma and sociological effect of discrimination are growing issues in the workplace due to sexual harassment and discrimination. Despite its proscription in legal jurisdictions around the world, workplace sexual harassment continues to be experienced by many women and some men in a variety of organizational settings. Since sexual harassment is such a large topic, let consider three aspects. First, with a focus on the workplace Sexual harassment as it pertains to management and organizations, to synthesize the accumulated state of knowledge in the field. Second, evaluate this evidence, highlighting competing perspective. Third, canvass areas in need of further investigations. Sexual harassment is a form of gender-based and employment discrimination. It is a verbal...
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...The Age Discrimination in Employment Act of 1967 was established “to prohibit discrimination in employment on account of age in such matters as hiring, job retention, compensations, and other terms and conditions of employment” (Schuster and Miller, 1984, p. 64). The act also states that discrimination is not allowed if the applicant in the age range of 40-70 years of age (Schuster and Miller, 1984, p. 64). Under the enactment of this law, a company must analyze and form a final decision based on all qualifications of the applicant, but must not judge or discriminate on the applicant because he/ she is older than 40. Implying that an employee over 40 is not capable of performing a job or that the employee is not the appropriate age to market...
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