The Employment Discrimination - Report Example

Running Head: MANAGING IN AN INCLUSIVE ENVIRONMENT: DISCRIMINATION Managing In An Inclusive Environment: Discrimination Submitted by: XXXXXXX Number: XXXXXXXX Tutor’s Name: XXXXXXXX University of XXXXXXXX Date of Submission: XX – XX – 2011 Employment Discrimination is a major concern for all companies irrespective of the size, sector or industry. Discriminating against employees or prospective employees in a company is unlawful and the company can face intense repercussion for the same. This paper aim at discussing the major issues that relate to employee discrimination and to provide a clear set of recommendations to the human resources teams to overcome these issues. The paper will firstly detail the various issues, following which the recommendations have also been presented. Issues Relating Discrimination: Discrimination by itself is a major issue for every company. However there are a number of issues that relate to discrimination within companies and hence these have been discussed below: a) The first main issue of discrimination is when employers fix conditions on age, (maximum or minimum age limits). Also, other elements like the seniority, level of experience for employment, the minimum requirements in terms of training for recruitment and also elements like the period of employment before retirement (Friedman, 2010). Each of these is a major issue for discrimination and has a major impact on the overall company. b) The second important issue that is faced by most companies is when the company is blamed for alleged motives in removal of an employee, for example where reasons include aspects like race, colour, religion, national origin, or even sexual orientation and gender (Tobenkin, 2008). This issue is a common for a number of companies (Friedman, 2010). c) Another common issue that companies face is that of gender bias. An excellent example for this here is that of WalMart. The company has been alleged to provide a gender bias. This was clearly seen in a lawsuit filed by a lady where the company was accused for paying women much lesser than men and also for keeping limited opportunities and offers for women as compared to men. Also, promotion for women was limited as compared to men (Levesque, 1989). d) Another very common issue that companies face is that of discrimination based on the race, colour, and national origin. An excellent example here again is the lawsuit on WalMart by an African American truck driver who is supposedly alleged to be discriminated against during the recruitment process. The company was accused here for deterring the application of the individual as well as not hiring the person. This led to a major law suit. This is a very common issue and is faced by numerous companies across the world each day (Levesque, 1989). e) Companies like Wal Mart have also been found to discriminate against the disabled individuals. For instance in the case of Debbie Shank. Here the employee was injured in an trucking accident and the company discriminated against her by moving here from her job and responsibilities at the Pharmacy to another job which was much lower than her actual job profile, and included picking up of garbage as well as empty trolleys (Eavenson, 2008). The company was faced with a wide outrage of the general public as well as media when the news came forward. Debbie Shank did however receive the insurance money after the media pressure was put onto WalMart. The public outrage did provide her with justice. This particular case however a clear violation of the Americans with Disabilities Act is and also is a clear discrimination against individuals with cerebral palsy. f) Another common form of discrimination includes that of sexual harassment. Here the individuals face unwelcome conduct which is sexual in nature at their workplace (Anonymous, 2008). g) Another growing discrimination in the current time is that against individuals and their sexual orientation and gender identity. A common scene is that of discrimination against the lesbians, gays and also transsexual individuals (Attorney & Guerin, 2009). This is mostly found to be during the recruitment and hiring aspect of the business and also at times during the work assignments. h) Another common discrimination is that against the Asian Americans where in the case of federal government jobs the individuals are discriminated upon. The main discrimination includes elements like social deficiency, accent discrimination, limiting the assignments and such others (McDonald, 2005). Possible Recommendations to the HR: There are a number of ways that the above mentioned issues can be overcome and can also be completely eliminated as well. These include a conscious effort on the part of the management and a personal commitment to work towards a diverse and strong work force. Also, it is important that the HR focuses on the need to ensure that all performance appraisals or performance checks of employees are unbiased and are not discriminated based on the culture or origin of the individual. It is crucial that the management focuses on the need to update and keep the employees informed about the applicability of Age Discrimination in Employment Acts and also other related material (Attorney & Guerin, 2009). It is the duty of the HR and the management to keep the notices in places where the employees are able to access the information. Also, the notices need to be easily applicable to the prospective employees as well and the union members. The human resources team is also responsible for the book keeping of the employee information. It is important that all records are maintained and the records must include detailed information about the employees like the date of birth, name, address, pay rates and also compensations (Eavenson, 2008). Also other information relating the career of the individual like the promotions, issues or any such issues need to also be recorded and filed. The human resources team is also responsible to work on the human resources development plans and also to ensure that all employees are given the option for training without any kind of bias against the employees (Friedman, 2010). Also, the teams are also responsible for the development of the policies and strategies of the company in compliance with the anti discrimination laws as well as the various laws pertaining to the human resource management. Another area where the human resources need to keep tab of the employees and also manage is the basics laws of the state, federal, and local statutes. Here it is crucial that the human resources team is clear and aware of all the laws and rules and is also able to resolve the issues in case of any doubt or confusions (Friedman, 2010). The human resource management teams are also required to develop any anti discrimination policies as well as any harassment policies. These policies need to be developed strong and also communicated throughout the organisations as well. Also, the team can develop trainings and seminars for the managers and supervisors to assist them handle workplace misconduct and also violations in an ethical manner without breaking any of the laws (Levesque, 1989). The human resources team is also responsible to evaluate and assess the policies of the company as well as to identify the possible reasons of how the procedures are developed. It is also recommended that the human resources team work on developing a work environment which is harassment free, discrimination free and also does not include any form of retaliations (Friedman, 2010). It is also important to develop a redressal unit within the company to focus on any issues and to resolve the issues effectively and in an ethical and legal manner to ensure that the violators are severely punished and the victims are given their rightful justice. In conclusion, discrimination of any form is not an acceptable event in any organisation. It is essential that the human resources of the company focuses on the safety of the employees and also ensures a through and fair work environment for all. Unlike companies and cases like those at WalMart, it is important that companies provide their employees with the right justice and rights. References Anonymous. (2008). How to Fight Workplace Discrimination: Tips From EEOC Lawyers. HR Focus , 7, 3. Attorney, A. D., & Guerin, L. (2009). Dealing With Problem Employees: A Legal Guide. NOLO. Eavenson, T. (2008, December 9). Supreme Court Takes Key Discrimination Case. Retrieved February 14, 2011, from Current Emloyment: http://currentemployment.net/2008/12/supreme-court-takes-key-discrimination-case/ Friedman, J. W. (2010). Employment Discrimination: Examples & Explanations. Aspen Publishers. Levesque, J. D. (1989). Managing Discrimination Problems and Employee Needs. California Chamber of Commerce. McDonald, J. J. (2005). I Want a Nicer Boss. Employee Relations Law Journal , 79-89. Tobenkin, D. (2008). Not Norwegian Enough. HRMagazine , 91-95. Read More