Employment Discrimination Law Abstract

EmploymentDiscrimination Law

Abstract

Itis an exciting moment of a lifetime when a person gets employed as acivil servant to serve the government in a country or privateorganizations. Every individual should get employed through the rightprocedures either through their work experiences or qualifications.The living conditions for the employees in the workplaces differdepending on some reasons or factors such as nationality, ethnicity,religion, disability, skin color, age, and others. In other words,employment discrimination from employers or other workmates may occurin the workplaces affecting some workers. However, instead of takingother actions, there is employment antidiscrimination law thatprotects the employees from being discriminated in the workplaces.The paper will give detailed information about the reasons and casesof employment discrimination and employment discrimination law.

Reasonsfor Employment Discrimination

Variousreasons contribute to employment discrimination in to the public andprivate institutions, organizations, companies, businesses or firms.Inadequately trained workers contribute to employment discrimination.Some workers get employed with low skills of performing tasks theyare accounted for. Therefore, the managers may criticize thequalifications of such workers because of underperforming asexpected. Therefore, such workers can get discriminated due to poorperformance in the workplace. The second reason is failing to keepthe paper trail (LaMance,2015).Many bosses conduct their evaluation procedures formally wheresatisfactory ratings are recorded for the employees who observepunctuality while attending or in the workplace. The employers failto record employees’ misconducts, and when they wish to terminatesome workers, they lack evidence from the paper trail that cansupport their decision. Therefore, a fired employee can claim that heor she was dismissed without reasons and consider it as employmentdiscrimination. The employers should record all the details of aworker that can help in decision-making while firing or givingtransfers.

Ignoringthe law is the third reason for employment discrimination (LaMance,2015).Many workers are not familiar with the employment discrimination lawand can suffer from overworking or harassment without givingcomplaints. The employers should always get familiarized with the lawto protect their rights of working and giving service to the public.The fourth reason involves inadequate screening of the workers duringhiring or recruitment. Some people are unable to respect othercoworkers’ rights in the workplace. Such employees can discriminateothers in the workplace. The employers can prevent those risks bycautiously screening every job applicant. The employers shouldconsult more information about an employee from previous employersand conduct a criminal investigation to ensure that he or she fits inthe applied position. Skepticism of complaints also contributes toemployment discrimination. As an employer, it is suitable to be keenon complaints concerning discriminatory behaviors and handle themaccordingly. A thorough investigation should be conducted to reducethe risk of being prosecuted.

Misplacedloyalty is the sixth reason. People continually change theirstandards of recommendable conducts. An excellent worker may start toexperience personal challenges and become an experienced orliability. The sense of loyalty should not expose an organization toa lawsuit. If the employees are given a lot of unsupervised freedomtime, then they will kill the boredom by discriminating or harassingother employees. The eighth reason involves too much own expression.If an employer gives free reign to the employees’ decoratingtastes, then he or she invites troubles. Personal effects, forinstance, photographs and posters contribute much in variousemployment discrimination cases. Finally, mixing of ethnicities,generations, and genders in the workplace also contribute toworkplace discrimination. It commonly happens in America with abigger population of different people (LaMance,2015).The employers should help new recruits to adjust the obligatorydiversity and learn how to handle it.

Definitionand Classification of Employment Discrimination Law

Employmentdiscrimination law encompasses state or federal legislation thatprotect employees from being mistreated by the employers depending onvarious aspects unconnected to job performance. However, not everyclassification is protected against employment discrimination.According to the current law, people are secluded against workplacediscrimination based on age, national origin, gender, disability,genetic information, disability, and race. Additionally, it isunlawful for the bosses to discriminate the employees through sexualorientation, political association or marital status. For a shelteredclassification, decisions to promote, hire or dismiss employees areconsidered to be discriminatory. The law also protects the workersfrom retaliation or harassment after conducting their legal right byreporting the indecency in the workplace. “Title VII of the CivilRights Act of 1964” is an example of an anti-discriminatory lawthat protects the workforce in America (Rutherglen, 2010). The lawapplies to enterprises with at least 15 recruits including otherprivate or public units.

Agediscrimination is the first classification of discrimination law. Agediscrimination engrosses less favorable treatment to employeesbecause of their ages. Most of the nations have the AgeDiscrimination in Employment Act (ADEA) that protects the staffs agedabove 40 against age discrimination. It is illegal for an olderworker to be favored over the younger employee, the discriminationoccurs when both are above the age of 40 (Cihon &amp Castagnera,2016). The law prohibits discrimination in any form of employmentsuch as payments, promotions, hiring, training, firing and jobassignments. ADEA also prohibits harassments towards an employee bycriticizing his or her age. For example, making offensive remarksconcerning a worker’s age is a form of harassment.

Disabilitydiscrimination is the second category which involves an employertreating a qualified person adversely because of being disabled.Rehabilitation Act or Americans with Disabilities Act protectpersonnel with disabilities in the workplace (Player, 2013). Anindividual is considered to have a disability if he or she has apsychological or physical condition that mostly limits a significantlife activity such as learning, seeing, walking, hearing or talking.Having disability history also categorizes the person to disable.Finally, an individual is considered to have a disability of he orshe suffers minor psychological or mental impairments. The employersare required to provide opportunities or accommodation for the peoplewith disabilities or else face the law. Providing an interpreter forworkers with talking or hearing complications or creating anaccessible place for the wheelchair users are some of the examples.

RetaliationDiscrimination is the common form of discrimination, particularly inthe federal sector. The Equal Employment Opportunity (EEO) lawsprotect employees or job applicants from being punished by theemployers by expressing their rights to get liberated from workplacediscrimination. Asserting the EEO rights can take various forms. Forinstance, it is illegitimate to retaliate against a worker or anapplicant for being a witness or filing an EEO lawsuit, charge,investigation or complaint (Appleby, 2008). It is also illegitimateto retaliate against an employee because of resisting sexual advancesor answering questions concerning an employer interrogated againstharassment. Engagement of physical or verbal abuse, threatening,transferring or demoting of employees are some of the acts that occuras a result of employer’s retaliation.

Strategiesthat can Decrease Employment Discrimination to Occur in Workplaces

Allthe company leaders know that it is their obligation to prevent orstop workplace discrimination. Failure to this can result in higherpremium insurance, increased worker absenteeism and turnover andlower productivity and staff morale. Employers should take variousstrategies to prevent employment discrimination. The first step is toknow every applicable antidiscrimination law. After establishing anorganization, every employer should have a hint of all discriminationlegislation that applies to them. The employers should not onlycomply with Title VII which are federal antidiscrimination laws, butalso with local or state antidiscrimination laws. The employer canunderstand about those laws by attending training seminars involvingemployment discrimination (Arnold et al., 2016).

Thesecond step involves development and implementation of an inclusiveantidiscrimination policy. The bosses are required to maintain someantidiscrimination policies that can be used to coordinate employees’behaviors in the workplace (Robinson, 2012). The antidiscriminationpolicy should be easily understood by the employees such that thelanguage used is clear and concise. It should give broaderinformation on how the boss strictly disallows workplacediscrimination including harassment. In that policy, harassment anddiscrimination definitions should be clearly defined and illustratedwith an example where necessary. For instance, workers are protectedagainst religion, race or age prejudices. Each employer should makesure the all employees review and recognize a policy whenever it hasbeen distributed. The policy should always be the current one.

Thethird step involves developing and instituting necessaryantidiscrimination training programs. The programs would ensure theworkers are trained about the concerns of the employer’santidiscrimination policy which they should comprehend and tolerate.However, such programs should emphasize the goal of every owner ineradicating harassment and discrimination in the place of work.Training should happen at least once per year where the employeesmust attend where they may ask any question regarding organizationalantidiscrimination policies (Robinson, 2012). Recruits should gettrained on how to report accusations of workplace harassment anddiscrimination and prohibition against retaliation.

Thefourth step is to be ready to investigate complaints regardingworkplace harassment and discrimination. The employers are requiredto investigate promptly without any delay after the complaints havebeen reported. Business owners should consider selecting aninvestigator particularly an HR professional who can handle theemployees’ complaints regarding discrimination and investigate(Arnold et al., 2016). The employers should conduct suitableinterviews and review manuscripts to gather evidence. The complainantshould be encouraged to be open and sincere about the events for thecomplaint to assist in making the right decisions. Next, the employershould consider confidentiality where the information is notdisclosed to other employees. The employer should also preventretaliation such as salary reductions, terminations, and demotions toany complainant. Finally, the investigation should be documented, andappropriate disciplinary actions are taken.

Thefinal strategy is to analyze corporate decisions for involuntarydiscrimination. Employers should be aware of disparate impactdiscrimination that affects a protected class of staffs, whichresults from impartial decision-making (Arnold et al., 2016). Theemployers should cautiously analyze their organizational decisions todetermine whether they have impacts on protected category of workers.Discrimination in the place of work is troublesome behavior thatlimits business performance, productivity and profitability, hence,the business leaders should create workplace programs to reduce theaspects of discrimination, racism, and harassment.

Historyof Employment Discrimination Law

Therewere other laws protected against employment discrimination beforethe creation of Equal Employment Opportunity Commission (EEOC) in1964 referred as “Title VII of the Civil Rights Act of 1964.”However, other laws and amendments have been made and supplemented inthe Title VII to protect the employees comprehensively. Title VIIdisallowed workplace discrimination towards workers based on nationalorigin, race, color, sex, and religion (Bardes et al., 2010). In1967, Age Discrimination in Employment Act (ADEA) was passed by theCongress which protected the workers aged above 40 years. EEOC waslater improved in the year 1972 where Congress` legislation correctedthe defects in Title VII. The promises of providing equality on workwere to be made real. The EEOC attained litigation authority.Educational institutions were subjected to Title VII, and thefederal, local and state governments became subject to it.

RehabilitationAct was passed in 1973. In this Act, the federal government wasprohibited from discriminating qualified humans with disabilities insection 501. Pregnancy Discrimination Act was enacted in 1978 whichprotected the workers from illegal sexual discrimination (Perritt,2016). The Civil Service Reform Act was established in 1978 which wasappropriate to the federal civilian personnel and coordinated allfederal EEO programs. The Congress enacted Immigration Reform andControl Act (IRCA) in 1986 which restricted employers from hiringillegal aliens. It prohibits against citizenship discrimination. Theformer President Gorge Bush signed Americans with Disabilities Act in1990 to become a law which had Title I, II, III, IV and V withrespective employment discrimination protections.

OlderWorkers Benefit Protection Act was also passed in the same year.Civil Rights Acts was passed in 1991 that overruled many SupremeCourt decisions submitted in 1980’s where the successful plaintiffsrecovered disciplinary and compensatory damages from deliberateworkplace discrimination cases (Perritt, 2016). The Congress passedother amendments between 1991 and 1997. The Higher EducationAmendments (HEA) was finally enacted in 1998 which enforced theuniversity and colleges faculty workforce to retire at a specifiedage contrary to assigning a range of retiring years.

Casesabout Employment Discrimination

TheU.S. Supreme Court handles all the complex cases from Court of Appealwithin a country. Employment law cases are some of the cases that arearraigned in the Supreme Court. I will discuss two current casesthat have happened in the U.S. Supreme Court. Young versus UnitedParcel Service is a case that occurred on March 25, 2015. The caseinquired for appropriate interpretation of the PregnancyDiscrimination Act (PDA) passed in 1978. The case relied on the factthat the pregnant employees were to be treated uniformly as otherworkers regardless of their inability to work (Twomey, 2014). Theemployer in UPS had declined to accommodate Ms. Young, their workerwhen she became expectant, and her physician inflicted a liftingconstraint of 10 to 20 pounds. The case got rejected by the Court,and the boss was recommended to accommodate Ms. Young regardless ofher current status. The Court considered that as intentionaldiscrimination. The ruling was to be conducted in the Court ofAppeals depending on Supreme Court`s decision.

Thesecond case involved EEOC versus Abercrombie &amp Fitch Stores. TheTitle VII prohibits company leaders from refusing to employ people inavoidance of accommodating a spiritual practice that has no unduehardships. In this case, Elauf applied for a vacancy advertised byAbercrobie &amp Fitch store. Ms. Elauf attended the interview whilewearing a headscarf and interviewers did not complain about it. Shesucceeded the interview and qualified to be hired. However, LookPolicy in the company restricted the store recruits from wearing caps(Twomey, 2014). After consultations, the supervisors considered thatElauf wore the headscarf because she was a Muslim. The districtmanager ordered the assistant manager not to employ Ms. Elaufcontrary to Look Policy. The Court said the company had conductedreligious discrimination and Ms. Elauf should be accommodated in theworkplace.

Summary

Inthis paper, various reasons concerning employment discrimination arediscussed which are essential to the employers to realize the sourceof workplace discrimination. On the other hand, the employees shouldget familiarized with their rights in the workplace to avoid beingdiscriminated or harassed by the organizational leaders. If anypersonnel get discriminated or harassed in the workplace, it isadvisable to file the allegation which is defended by employmentdiscrimination law. The antidiscrimination laws ensure that theworkers are not discriminated against race, religion, age,citizenship, retaliation, sex, disability among others. If theemployees work peacefully then the company’s productivity,performance and profitability can increase.

Iwould recommend every employer to utilize the five discussedstrategies that can contribute to eliminating employmentdiscrimination in the workplace. Various programs should beimplemented by the company leaders to train workforce the mattersconcerning antidiscrimination laws, how to report accusations ofworkplace harassment and discrimination and prohibition againstretaliation. The explanation about the history of employmentdiscrimination law is important to every worker and job applicants toidentify various amendments and legislations that protectindividual’s rights in the workplace. It is also important toreview several cases that were filed against employmentdiscrimination in all courts including the Supreme Court, andfamiliarize on how the rulings are made.

References

Appleby,G. S. (2008).&nbspHarassment and Discrimination: And otherWorkplace Landmines. Irvine, Calif.: Entrepreneur Media.

Arnold,M., Levin, M., &amp Ferris, C., (2016). How to PreventDiscrimination in the Workplace. Retrievedfrom:http://www.xperthr.com/how-to/how-to-prevent-discrimination-in-the-workplace/5561/on 5th November, 2016.

Bardes,B. A., Shelley, M. C., &amp Schmidt, S. W. (2010).&nbspAmericanGovernment and Politics Today: The Essentials. Boston: WadsworthCengage Learning.

Cihon,P. J., &amp Castagnera, J. (2016).&nbspEmployment and Labor Law.Boston: Cengage Learning.

LaMance,K.,(2015). Top10 Reasons for Employment Discrimination. Retrievedfrom:http://www.legalmatch.com/law-library/article/top-ten-reasons-for-employment-discrimination.htmlon 5th November, 2016.

Perritt,J. H. (2016).&nbspEmployment Law Update 2016. S.l.: WoltersKluwer Law &amp Bus.

Player,M. (2013).&nbspFederal Law of Employment Discrimination in aNutshell. West Academic.

Robinson,D. A. (2012).&nbspSome Tips to Prevent Employment DiscriminationLawsuits: A Faith-Based Legal Guide for Managers. Bloomington:WestBow Press.

Rutherglen,G. (2010).&nbspEmployment Discrimination Law: Visions of Equalityin Theory and Doctrine. New York: Foundation Press.

Twomey,D. P. (2014).&nbspLabor &amp Employment Law: Text &amp Cases.Mason, Ohio: South-Western Cengage Learning.