Preview

Employee Issues

Powerful Essays
Open Document
Open Document
1366 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Employee Issues
Workplace Discrimination

Business Law

Workplace Discrimination

Discrimination occurs when an employee suffers from unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. Employees who have suffered reprisals for opposing workplace discrimination or for reporting violations to the authorities are also considered to be discriminated against. Federal law prohibits discrimination in work-related areas, such as recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. (employeeissues.com, 2006)
Aside from the obvious, unfair treatment does not always equal unlawful discrimination. Treating a person differently from others violates Equal Employment Opportunity (EEO) laws only when the treatment is based on the presence of a protected characteristic, rather than on job performance or even on something as arbitrary as an employee 's personality. Discrimination claims can sometimes be highly subjective. (employeeissues.com, 2006)
Discrimination accusations are best avoided by following the law which requires only that you extend the same employment opportunities and enforce the same policies for each employee.

DISCRIMINATION LAWS
Discrimination laws exist to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. The main discriminatory practices identified today are bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The following paragraphs outline the most common anti-discrimination laws today. (allbusiness.com, 2006)
The Equal Pay Act amended the Fair Labor Standards Act in 1963. The Equal Pay Act only prohibits paying wages based on sex by employers and unions. It states that when workers perform equal work in jobs requiring certain skills, effort, and responsibility performed under similar working



References: AllBusiness.com. (2006). Understanding Workplace Discrimination. All Business Human Resources: Work, Health & Safety. Cornell Law. (2006). Employment Discrimination. Cornell Law School Legal Information Institute. EEOC. (2006). Discrimination by Type. US Equal Employment Opportunity Commission. EmployeeIssues.com. (2006). Discrimination. Employee Issues. Human Rights Campaign. (2006). GLBT Workplace Issues. HRC Workplace Discrimination. Jennings, Marianne. (2006). Business: Its Legal, Ethical, and Global Environment. USA: Thomas/South Western Publications.

You May Also Find These Documents Helpful

  • Good Essays

    Mgmt402 Unit 5 Db

    • 464 Words
    • 2 Pages

    Discrimination is a rising concern among employees in each organization environment. The theories both support the need for antidiscrimination laws and policies. The theories support the laws and policies by protecting employees and also help to support regulations and rules of administration of the business. Without the laws and policies in place with the support of the theories, then discrimination would be an issue for many applicants in the workforce.…

    • 464 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Employers must understand that the persons who evaluate and decide the outcome of employment discrimination cases (the EEOC investigator, federal or state judge, and/or jury) have keen senses of fairness and expect that employees will be treated in a fair manner. As a result, employers are exposed to substantial liability for any acts, including perceived acts, of discrimination in the workplace. Employers should take any charge of discrimination seriously and the employer must keep in mind that, at a minimum, it needs to have a legitimate, non-discriminatory reason for taking the action in question. In addition, an employer's response will be evaluated by persons who have a different perspective than the employer. What…

    • 964 Words
    • 3 Pages
    Good Essays
  • Better Essays

    They are not to judge a potential employee based on ones race, gender, age, etc. This is a very important aspect of affirmative action. You have to make sure that your company understands and follows the policy ( Bohlander & Snell, 2007).…

    • 1549 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Hcs341 Week 2

    • 1042 Words
    • 5 Pages

    The Equal Pay act of 1963 affects the work place and workers in many ways. This act makes sure that men and woman are paid equally for the same quality and amount of work. It also holds true to the merit system and seniority system. A man can get paid more for those reasons, but a woman can also get paid…

    • 1042 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Employment discrimination occurs when an employee is rebuked based on factors that have no bearing on job performance. Traits such as race, religion, gender, and national origin are all elements that can be the basis of discrimination in hiring, firing, promotion, and other employment decisions. Title VII of the 1964 Civil Rights Act integrates the two principles of disparate treatment and disparate impact. Disparate treatment is when an employee is treated differently due to the factors mentioned above. Whereas disparate impact specifies the broader scope of employer policies that yield a negative impact on many employees with the traits mentioned above.…

    • 356 Words
    • 2 Pages
    Good Essays
  • Good Essays

    It is unlawful for any employer to discriminate by refusing to hire or discharge any person and or discriminate any person relating to wages, terms and conditions, or privileges of employment due to race, color, creed or national origin. It is unlawful to segregate or classify any employee and deprive them of equal employment opportunities and cause due harm which will affect their status as an employee based on their race, color, creed or national origin. [Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 200e-2(a).]…

    • 2573 Words
    • 11 Pages
    Good Essays
  • Good Essays

    Discrimination is unfair or prejudice actions of people toward others that are categorized differently based on a persons age, sex, disabilities, religion, and race. “Discrimination does not necessarily mean absolute deprivation (the minimum level of subsistence below which families or individuals should not be expected to exist),” (Jones, 2007). There are several forms of discrimination. The work place will discriminate against a person because of their sexuality and not hire him/her because they are gay or lesbian. This is a form of direct discrimimation. “In the United States, employment laws are very strict regarding discrimination and the laws serve to protect individuals from being discriminated in the workplace. The laws also serve to guide employers on acceptable conduct for its employees with regards to discrimination,” (Admin, 2011). If…

    • 696 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    At one time or another people may experience unfair treatment in the workplace due to differences that include but are not limited to age, gender, sexual orientation, ethnicity, race or spiritual practices. Fortunately, there are federal and state legislation and risk management strategies in place that not only offers support for fair workplace practices but also reinforces responsibilities of human resource managers.…

    • 159 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Legal Process Paper

    • 1254 Words
    • 6 Pages

    References: U.S. Equal Employment Opportunity Commission (n.d.). U.S. Equal Employment Opportunity Commission. Retrieved March 4, 2009, from http://eeoc.gov/index.html…

    • 1254 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The Equal Pay Act of 1963 was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In the Equal Pay Act of 1963 it prohibits gender discrimination when it comes to the payment of their wages. The Equal Pay Act of 1963 allows both men and women to know that they can stand side by side and do the same job for the same amount of pay. This provision allows both genders to get paid equally no matter their gender. This is based off of equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.…

    • 464 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Equal Pay Act of 1963

    • 624 Words
    • 3 Pages

    The Equal Pay Act of 1963 established the requirements that women should receive equal pay for their amount of work. The history of this act was to end gender-based discrimination in labor wages. Throughout history women have been paid less than men even when employed in the same jobs. It was accepted in the U.S that men deserved to earn more money than women, even if their work was exactly the same. The mindset was that men were the heads of the households and they are the primary income producer in their families.…

    • 624 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Prejudice has to do with the inflexible and irrational attitudes and opinions held by members of one group about another, while discrimination refers to behaviors directed against another group. Being prejudices usually means having preconceived beliefs about groups of people or cultural practices. Prejudices can either be positive or negative-both forms are usually preconceived and difficult to alter. The negative form of prejudice can lead to discrimination, although it is possible to be prejudiced and not act upon the attitudes (Vogel, 2012). An example of prejudice would be, if someone is walking in a secluded area at night, and a group of senior citizens who are walking with canes in hand, come from the other side, the person will not feel threatened. Nevertheless instead of senior citizen, three teenagers dressed in jeans and t-shirt with lots of metal chains around their neck are approaching from the other side, the person might feel endangered a bit, even without any kind of aggression from their end. Whereas an example of discrimination is when a person is treated unfavorably because of his or her; race, skin color, national origin, gender, disability, religion, or age .If someone choose to date a pretty grandpa instead of an ugly woman , they have discriminated on the basis of appearance. Likewise, if I choose to HIRE a pretty woman instead of an ugly woman, I 've again discriminated on the basis of appearance.…

    • 414 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Disparate treatment means unequal behavior toward someone because of a protected characteristic, and it is protected under Title VII of the U.S. Civil Rights Act. A disparate treatment violation occurs when an individual of a protected group is shown to have been singled out and treated less favorably than others in a similar situation on the basis of a characteristic that is protected under Title VII. For a disparate treatment claim to be upheld in court it must be plausible and shows that the employer intentionally discriminated.*** The issue is whether the employer’s actions were motivated by discriminatory intent. Discriminatory intent can be shown either by direct evidence, or through indirect or circumstantial evidence, but it must be…

    • 1072 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Workers are currently protected against many forms of discrimination. These laws were put into place to stop employers from actively discriminating against certain classes of employees.…

    • 703 Words
    • 3 Pages
    Good Essays
  • Good Essays

    • Discrimination: It is unlawful to discriminate against anyone at work because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, or membership (or non-membership) of a trade union.…

    • 2278 Words
    • 10 Pages
    Good Essays

Related Topics