Fair and Unfair Discrimination in HR - Essay Example

HR Management Fair and unfair discrimination Discrimination based on affirmative action, inherent requirements of a particular job, productivity, etc, and compulsory discrimination by law can be referred to as fair discrimination (Discrimination, p.1). For example, the law prohibits an employer from giving employment to children below the age of 15. Moreover, it is possible for an employer to deny the driving profession to a person with poor eye sights. It is also possible for an employer to deny a job to a person who has mental problems.

In all these cases, discrimination can be referred to as fair. All the discrimination which may not come under the category of fair discrimination can be referred to as unfair discrimination. In other words, all the discrimination which are motivated by favor, prejudice, or bias against employees can be labeled as unfair discrimination. For example, suppose an employer promotes a white employee as a manager even though a black employee with similar or better qualifications and experiences is there, it can be labeled as unfair discrimination.

Some employers give more salaries to male employees than female employees even though both are equally qualified and doing the same jobs. This is also an example of unfair discrimination. The distinction between EEOC and OFCCP EEOC means Equal Employment Opportunity Commission whereas OFCCP means Office of Federal Contract Compliance Programs. The major function of EEOC is to ensure that employers follow the rules prescribed in the Civil Rights Act of 1964. This act prohibits any employer from denying employment or promotions based on race, culture, sex, or nationality.

EEOC has the right to hear all complaints related to such discrimination and to take action against the culprits. On the other hand, (OFCCP) is also performing similar functions as EEOC does. However, there are some differences. "OFCCP is concerned with providing equal opportunity for all employees and job applicants of federal contractors and subcontractors” (OFCCP Compliance News).In other words, EEOC addresses all types of employment discrimination issues whereas “OFCCP is charged with the responsibility of investigating complaints for federal contractors” (OFCCP Compliance News).

Some people register complaints of general nature in OFCCP without knowing the fact that this agency addresses the issues related to federal contractors or employees only. U.S. EEOC and OFCCP laws are not applicable to non-U.S. citizens outside the U.S. However, “Employers that are incorporated or based in the U.S. or are controlled by U.S. companies and that employ U.S. citizens outside the United States or its territories are subject to Title VII, the ADEA, and the ADA with respect to those employees”(The U.S. Equal Employment Opportunity Commission) Hostile work environment and harassment Hostile work environment means an environment in which the employees face severe stress, harassment, bullying, punishments, etc.

In such work environments, employees normally face oppressive and intimidating atmospheres. A hostile work environment is the creation of the employer. In a hostile work environment, the managers or bosses often behave in a totalitarian way. Workers are forced to work like slaves in such environments. On the other hand, hostile work harassment need not be the creation of the employers. It could be the creation of the fellow employees themselves. For example, in a discriminated workplace, the dominating workers may often harass underprivileged people.

An employee who failed to join a particular trade union may also face hostile work harassment from fellow employees. Female employees may face sexual harassment in a workplace where hostile work harassment exists. Performance expectations of an employee When appointing an employee, employers may have certain expectations about the performance of the employee. Despite the repeated demands for improving performance, if the employee fails to meet the expectation, the employer can definitely remove him from services based on the existing employment rules.

Such a drastic action cannot be considered an example of hostile workplace harassment since it is the duty of the employee to meet the expectations of the employer. Employers always utilize the capabilities of employees to make profits. If the employee fails to deliver the goods, an employer cannot keep him as a liability since business is all about making profits or improving productivity all the time. Preferential treatments for minorities Current workplaces are extremely diverse because of globalization and the subsequent increase in international business and manpower exchanges.

In order to ensure social justice, it is necessary to provide preferences to minorities on certain occasions like hiring employees, assigning jobs, deciding promotions and compensation, etc. Corporate social responsibility can be demonstrated through such positive moves by an organization. It is the duty of the majority to lift the minorities in order to create a world of equality. It is difficult for minorities to compete with the dominant majorities because of a lack of resources and influence.

Under such circumstances, it is necessary to provide some reservations to minorities while hiring employees, assigning jobs, deciding promotions and compensation, etc.