Discrimination Or Fair Employment Practices Paper
Is it Discrimination or Fair Employment Practices?
Chamberlain College of Nursing
Cultural Diversity in the Professions
SOCS350
August 1, 2013
Is it Discrimination or Fair Employment Practices?
How can a company defend their position when they are making choices to promote employees? Should a company have to be put in a position to defend their choice of an employee that has received a promotion? Maria (a female of Latino ancestry) has filed a grievance at her current place of employment because she was passed up for a job promotion. The company that Maria works for states that their decision was based on Maria’s performance at work. Allegedly Maria has been in disciplinary action for tardiness and absenteeism, as well …show more content…
as had difficulties with supervisors and co-workers. Maria argues that she is the only female in her department, as well as the only Latino. Maria also feels that her evaluations have been biased because her superiors are all white males. The company also informed Maria that her accent may make it difficult for clients to understand her. Maria feels that the company’s behavior is discriminatory. What can companies do to ensure that they are abiding by the laws that protect employees from discriminatory practices? And what could this company have done differently in this situation? This is the 21st century one would think that the possibility of discriminatory practices in the work place would be non-existent. Are they? The United States has created laws to protect people from discrimination. However, if discrimination did not exist there would be no need for these laws. Employers are required to complete performance appraisals for all employees every year and employers the must follow all the laws which have been created to protect their employees from being victims of discrimination. If the laws are followed appropriately it would also protect the employers from law suits. “A performance appraisal is a review and discussion of an employee 's performance of assigned duties and responsibilities” (Worcester Polytechnic Institute, 2013). An employee’s performance appraisal should be just what the title implies, an appraisal based on an employee’s job performance. The supervisor completing the appraisal should take the time to complete the appraisal in a fair and unbiased way. A formal appraisal ensures that an employee is getting feedback from their supervisor, which makes them aware of what is expected of them (Snell and Bolander, 2013). For a company to be compliant with the law performance appraisals should follow certain legal guidelines, in the book Managing Human Resources written by Snell and Bolander in 2013 the following guidelines for performance appraisals are listed:
Performance ratings must be job-related.
Employees must be provided with clear, written job standards in advance of their appraisals so they understand what they need to do to get top ratings.
Managers who conduct the appraisals must be able to observe the behavior they are rating.
Do not allow performance problems to continue unchecked. Document problems when they occur and refer to them in employees appraisals.
Supervisors should be trained to use the appraisal form correctly.
The appraisals should be discussed openly with employees and counseling or corrective guidance offered to help poor performers improve their performance.
An appeals procedure should be established to enable employees to express their disagreement with the appraisals.
There are several different types of performance appraisals that a company can use and because they are used as a basis in Human Resource Management these requirements must be met. Employees are protected by several different laws which prevent discrimination. The Civil Rights Act of 1964 Title VII was developed to prohibit employers from discriminating against a person based on “race, color, region, sex, or national origin” (Snell and Bolander, 2013, p 101). This law includes most employers including the private sector, public employment agencies, and state and local government agencies, just to name a few (Snell and Bolander, 2013, p.101). There are also Fair Employment Practice Laws which are “state and local laws governing equal employment opportunity that are often more comprehensive than federal laws and apply to small employers” (Snell and Bolander, p. 111, 2013). For a company to assure that they take all the necessary steps to prevent dicrimination charges they must train managers and supervisors on understanding the rights of their employees and obligations of managers. There have been studies done that have shown that Hispanics face “treatment and access discrimination by employers” (Bell, 2007, p.140). Because discriminatory practices can often target Latinos companies that incorporate “fairness policies” have found that harrassment practices have decreased in their companies (Bell, 2007). Leveraging diversity is another way for employers to level the playing field, so to speak. Studies show that companies that choose to leverage diversity are able to demonstrate that they are “serious about corporate social responsibility” (Snell and Bolander, 2013, p.128). “Perhaps the ultimate key to preventing employment dicrimination is for mangaers and supervisors to create an organizational climate in which the principles of dignity, respect, and the acceptance of a diverse workforce are the norm and therefore expected” (Snell and Bolander, 2013, p.125).
There are many reasons for the continuance of workplace dicrimination. Unfortunately there are still people that believe that “white males” should dominate in the workplace by making more money and having the jobs in upper management. There is also evidence suggesting that discrimination today can be derived from in-group favoritism as well as from out-group exclusion or devaluation (Green). The employer in the above mentioned scenario advised the employee (Maria) that they feared her accent may have an affect on their customers. Maria appears to have taken this statement as a form of discrimination. Treating employees differently due to their accent is legal, however it is only legal if the employees accent has a direct affect on the job duties. “Generally, an employer may only base an employment decision on accent if effective oral communication in English is required to perform job duties and the individual’s foreign accent materially interferes with his or her ability to communicate orally in English. Jobs that may require effective oral communication in English include teaching, customer service, and telemarketing to English speaking clients. If a person has an accent but it is able to communicate effectively and be understood in English, he or she cannot be discriminated against” (U.S. Equal Employment Opportunity Commission).
Businesses must comply with the regulations set forth by the EEOC such as: The Civil Service Reform Act of 1978 which “prohibits any employer who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability.
It also provides that certain personnel actions cannot be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation” (The U.S. Equal Employment Opportunity Commission , 2009). The Civil Rights Act of 1991 was developed to “provide for compensatory and punitive damages and jury trials in cases involving intentional discrimination” (Snell and Bolander, 2013, p.100). The Equal Pay Act of 1963 which “requires all employers covered by the Fair Labor Standards Act and others to provide equal pay for equal work, regardless of sex” (Snell and Bolander, 2013, p.100). And Affirmative Action which goes requires companies to “comply with the law and correct any past discriminatory practices by increasing the numbers of minorities and women in specific positions” (Snell and Bolander, 2013, …show more content…
p.125).
There are practices that employers can adopt in order to add diversity to the workplace rather than discrimination. Employers must begin by educating their staff on the laws set forth to protect people from discrimination. Employers must also hire employees that are diverse in culture “employees of different abilities, ages, races, ethnicities and genders bring a diverse mix of ideas and experiences that can capture a broader range of clients” (Finn, 2013). Employers must educate their managers about other cultures. By educating people in supervisory positions appropriately employers ensure that there is no inadvertent discrimination. Supervisors and managers must lead their employees in non-discriminatory practices, managers should lead by example (Finn, 2013). Diversity is key for employers, as defined in Diversity in Organizations diversity is “real or perceived differences among people that .affect their interactions and relationships, often viewed in terms of race, ethnicity, sex, national origin, and other demographic and identity-based factors” (Bell, 2007, p. 26).
The company that Maria works for made the decision to promote another employee with similar education, yet less experience, based on work performance and their claim that Maria’s accent would be a hinderance in the position which she applied for. Upon initial assessment of the situation it would appear that this company is following all the rules and laws, which protect employees from discriminatory practices. But are they? According to Maria’s statement the company only has one female in this particular department and she is also the only minority. Though the company may feel they are utilizing best practice there are some areas identified that they could improve upon. For example, this particular company should explore the opportunities to hire individuals of mixed ethinicity. Maria also feels that her evaluations have been biased due to her immediate supervisors being white males. Since Maria feels this way it may behoove the company to participate in education about Latino culture. Would Maria benefit from filing a grievance? Only if she could prove that the company intentially passed her over for a job because of her ethnicity. The company chose to make their decision particulary based on Maria’s performance appraisals, which were not as stellar as the other employee, she argues that they are biased. If the company is following the guidelines that have been approved for employee performance appraisals it would be hard for Maria to prove bias.
The definition of employment discrimination is “bias in the workplace, prejudice in an employment environment.
Generally: differentiation, disequalization, inequality, unfairness” (Farlex, 2007), and unfortunately it is alive and well today. Though there are laws to protect people from being discriminated against, it does not stop discrimination from happening. There are steps that employers can take to protect themselves, as well as their staff, from unfair employment practices and discriminatory practices. This is a culturally diverse nation that is the home of Fortune 500 businesses, multi-millionaires, and some of the most intelligent people in the world. One would wonder why there is still so much cultural ignorance. No person should have to endure the negative connotations of another. Everyone has a right to work in an environment that is free of negativity and prejudice. It is unfortunate that the government must be involved to ensure that people that live in this country are treated fairly and everyone is given the same opportunities. The cure for this ignorance that is surviving in this country is education. Without proper education in homes, schools, and places of employment discriminatory practices will continue to be a problem. Sometimes it is important for people to take a step back and look around. This world has too much hate and negativity in it and it should be a common goal for all people regardless of race, color, creed, sexual orientation, or
nationality to work together without fear of prejudice practices.
References
Bell, M. (2007). Diversity in Organizations. Mason: South-Western.
Farlex. (2007). The Free Dictionary. Retrieved from legal-dictionary.thefreedictionary.com: http://legal-dictionary.thefreedictionary.com/employment+discrimination
Finn, L. (2013). Strategy to Stop Discrimination in the Workplace. Retrieved from Global Post: http://everydaylife.globalpost.com/strategy-stop-discrimination-workplace-3359.html
Green, T. (n.d.). Harvard.edu. Retrieved from Harvard.edu: http://www.law.harvard.edu/students/orgs/crcl/vol38_1/green.pdf
Snell and Bolander. (2013). Managing Human Resources. Mason: South-Western, Cengage Learning.
The U.S. Equal Employment Opportunity Commission . (2009, November 1). Retrieved from The U.S. Equal Employment Opportunity Commission : http://www.eeoc.gov/facts/qanda.html
U.S. Equal Employment Opportunity Commission. (n.d.). Retrieved from www.eeoc.gov: http://www.eeoc.gov/eeoc/publications/immigrants-facts.cfm
Worcester Polytechnic Institute. (2013). Retrieved from www.wpi.edu: http://www.wpi.edu/offices/hr/performance.html
Chamberlain College of Nursing
Cultural Diversity in the Professions
SOCS350
August 1, 2013
Is it Discrimination or Fair Employment Practices?
How can a company defend their position when they are making choices to promote employees? Should a company have to be put in a position to defend their choice of an employee that has received a promotion? Maria (a female of Latino ancestry) has filed a grievance at her current place of employment because she was passed up for a job promotion. The company that Maria works for states that their decision was based on Maria’s performance at work. Allegedly Maria has been in disciplinary action for tardiness and absenteeism, as well …show more content…
as had difficulties with supervisors and co-workers. Maria argues that she is the only female in her department, as well as the only Latino. Maria also feels that her evaluations have been biased because her superiors are all white males. The company also informed Maria that her accent may make it difficult for clients to understand her. Maria feels that the company’s behavior is discriminatory. What can companies do to ensure that they are abiding by the laws that protect employees from discriminatory practices? And what could this company have done differently in this situation? This is the 21st century one would think that the possibility of discriminatory practices in the work place would be non-existent. Are they? The United States has created laws to protect people from discrimination. However, if discrimination did not exist there would be no need for these laws. Employers are required to complete performance appraisals for all employees every year and employers the must follow all the laws which have been created to protect their employees from being victims of discrimination. If the laws are followed appropriately it would also protect the employers from law suits. “A performance appraisal is a review and discussion of an employee 's performance of assigned duties and responsibilities” (Worcester Polytechnic Institute, 2013). An employee’s performance appraisal should be just what the title implies, an appraisal based on an employee’s job performance. The supervisor completing the appraisal should take the time to complete the appraisal in a fair and unbiased way. A formal appraisal ensures that an employee is getting feedback from their supervisor, which makes them aware of what is expected of them (Snell and Bolander, 2013). For a company to be compliant with the law performance appraisals should follow certain legal guidelines, in the book Managing Human Resources written by Snell and Bolander in 2013 the following guidelines for performance appraisals are listed:
Performance ratings must be job-related.
Employees must be provided with clear, written job standards in advance of their appraisals so they understand what they need to do to get top ratings.
Managers who conduct the appraisals must be able to observe the behavior they are rating.
Do not allow performance problems to continue unchecked. Document problems when they occur and refer to them in employees appraisals.
Supervisors should be trained to use the appraisal form correctly.
The appraisals should be discussed openly with employees and counseling or corrective guidance offered to help poor performers improve their performance.
An appeals procedure should be established to enable employees to express their disagreement with the appraisals.
There are several different types of performance appraisals that a company can use and because they are used as a basis in Human Resource Management these requirements must be met. Employees are protected by several different laws which prevent discrimination. The Civil Rights Act of 1964 Title VII was developed to prohibit employers from discriminating against a person based on “race, color, region, sex, or national origin” (Snell and Bolander, 2013, p 101). This law includes most employers including the private sector, public employment agencies, and state and local government agencies, just to name a few (Snell and Bolander, 2013, p.101). There are also Fair Employment Practice Laws which are “state and local laws governing equal employment opportunity that are often more comprehensive than federal laws and apply to small employers” (Snell and Bolander, p. 111, 2013). For a company to assure that they take all the necessary steps to prevent dicrimination charges they must train managers and supervisors on understanding the rights of their employees and obligations of managers. There have been studies done that have shown that Hispanics face “treatment and access discrimination by employers” (Bell, 2007, p.140). Because discriminatory practices can often target Latinos companies that incorporate “fairness policies” have found that harrassment practices have decreased in their companies (Bell, 2007). Leveraging diversity is another way for employers to level the playing field, so to speak. Studies show that companies that choose to leverage diversity are able to demonstrate that they are “serious about corporate social responsibility” (Snell and Bolander, 2013, p.128). “Perhaps the ultimate key to preventing employment dicrimination is for mangaers and supervisors to create an organizational climate in which the principles of dignity, respect, and the acceptance of a diverse workforce are the norm and therefore expected” (Snell and Bolander, 2013, p.125).
There are many reasons for the continuance of workplace dicrimination. Unfortunately there are still people that believe that “white males” should dominate in the workplace by making more money and having the jobs in upper management. There is also evidence suggesting that discrimination today can be derived from in-group favoritism as well as from out-group exclusion or devaluation (Green). The employer in the above mentioned scenario advised the employee (Maria) that they feared her accent may have an affect on their customers. Maria appears to have taken this statement as a form of discrimination. Treating employees differently due to their accent is legal, however it is only legal if the employees accent has a direct affect on the job duties. “Generally, an employer may only base an employment decision on accent if effective oral communication in English is required to perform job duties and the individual’s foreign accent materially interferes with his or her ability to communicate orally in English. Jobs that may require effective oral communication in English include teaching, customer service, and telemarketing to English speaking clients. If a person has an accent but it is able to communicate effectively and be understood in English, he or she cannot be discriminated against” (U.S. Equal Employment Opportunity Commission).
Businesses must comply with the regulations set forth by the EEOC such as: The Civil Service Reform Act of 1978 which “prohibits any employer who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability.
It also provides that certain personnel actions cannot be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation” (The U.S. Equal Employment Opportunity Commission , 2009). The Civil Rights Act of 1991 was developed to “provide for compensatory and punitive damages and jury trials in cases involving intentional discrimination” (Snell and Bolander, 2013, p.100). The Equal Pay Act of 1963 which “requires all employers covered by the Fair Labor Standards Act and others to provide equal pay for equal work, regardless of sex” (Snell and Bolander, 2013, p.100). And Affirmative Action which goes requires companies to “comply with the law and correct any past discriminatory practices by increasing the numbers of minorities and women in specific positions” (Snell and Bolander, 2013, …show more content…
p.125).
There are practices that employers can adopt in order to add diversity to the workplace rather than discrimination. Employers must begin by educating their staff on the laws set forth to protect people from discrimination. Employers must also hire employees that are diverse in culture “employees of different abilities, ages, races, ethnicities and genders bring a diverse mix of ideas and experiences that can capture a broader range of clients” (Finn, 2013). Employers must educate their managers about other cultures. By educating people in supervisory positions appropriately employers ensure that there is no inadvertent discrimination. Supervisors and managers must lead their employees in non-discriminatory practices, managers should lead by example (Finn, 2013). Diversity is key for employers, as defined in Diversity in Organizations diversity is “real or perceived differences among people that .affect their interactions and relationships, often viewed in terms of race, ethnicity, sex, national origin, and other demographic and identity-based factors” (Bell, 2007, p. 26).
The company that Maria works for made the decision to promote another employee with similar education, yet less experience, based on work performance and their claim that Maria’s accent would be a hinderance in the position which she applied for. Upon initial assessment of the situation it would appear that this company is following all the rules and laws, which protect employees from discriminatory practices. But are they? According to Maria’s statement the company only has one female in this particular department and she is also the only minority. Though the company may feel they are utilizing best practice there are some areas identified that they could improve upon. For example, this particular company should explore the opportunities to hire individuals of mixed ethinicity. Maria also feels that her evaluations have been biased due to her immediate supervisors being white males. Since Maria feels this way it may behoove the company to participate in education about Latino culture. Would Maria benefit from filing a grievance? Only if she could prove that the company intentially passed her over for a job because of her ethnicity. The company chose to make their decision particulary based on Maria’s performance appraisals, which were not as stellar as the other employee, she argues that they are biased. If the company is following the guidelines that have been approved for employee performance appraisals it would be hard for Maria to prove bias.
The definition of employment discrimination is “bias in the workplace, prejudice in an employment environment.
Generally: differentiation, disequalization, inequality, unfairness” (Farlex, 2007), and unfortunately it is alive and well today. Though there are laws to protect people from being discriminated against, it does not stop discrimination from happening. There are steps that employers can take to protect themselves, as well as their staff, from unfair employment practices and discriminatory practices. This is a culturally diverse nation that is the home of Fortune 500 businesses, multi-millionaires, and some of the most intelligent people in the world. One would wonder why there is still so much cultural ignorance. No person should have to endure the negative connotations of another. Everyone has a right to work in an environment that is free of negativity and prejudice. It is unfortunate that the government must be involved to ensure that people that live in this country are treated fairly and everyone is given the same opportunities. The cure for this ignorance that is surviving in this country is education. Without proper education in homes, schools, and places of employment discriminatory practices will continue to be a problem. Sometimes it is important for people to take a step back and look around. This world has too much hate and negativity in it and it should be a common goal for all people regardless of race, color, creed, sexual orientation, or
nationality to work together without fear of prejudice practices.
References
Bell, M. (2007). Diversity in Organizations. Mason: South-Western.
Farlex. (2007). The Free Dictionary. Retrieved from legal-dictionary.thefreedictionary.com: http://legal-dictionary.thefreedictionary.com/employment+discrimination
Finn, L. (2013). Strategy to Stop Discrimination in the Workplace. Retrieved from Global Post: http://everydaylife.globalpost.com/strategy-stop-discrimination-workplace-3359.html
Green, T. (n.d.). Harvard.edu. Retrieved from Harvard.edu: http://www.law.harvard.edu/students/orgs/crcl/vol38_1/green.pdf
Snell and Bolander. (2013). Managing Human Resources. Mason: South-Western, Cengage Learning.
The U.S. Equal Employment Opportunity Commission . (2009, November 1). Retrieved from The U.S. Equal Employment Opportunity Commission : http://www.eeoc.gov/facts/qanda.html
U.S. Equal Employment Opportunity Commission. (n.d.). Retrieved from www.eeoc.gov: http://www.eeoc.gov/eeoc/publications/immigrants-facts.cfm
Worcester Polytechnic Institute. (2013). Retrieved from www.wpi.edu: http://www.wpi.edu/offices/hr/performance.html