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Managment - Assignment Example

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I.A. What is unfair discrimination? Explain and provide specific examples It is an unfair labor practice that includes any unfair act or omission that arises between the employer and employee, involving unfair discrimination, whether directly or indirectly, against an employee…
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  For example an employer follows a remuneration policy that wherein a female employee gets less salary compare to a male employee simply because she is a woman, this is an unfair discrimination by sex. A beauty salon does not hire non-gay stylists is an example of unfair discrimination by gender. 1.B. What is fair discrimination?Explain and provide specific example Fair discrimination is a legal form of discrimination based on these ground but not limited to (Labour Protect, 2010): a. Discrimination based on affirmative action Affirmative action measures are designed to promote employment equity (fairness in favor of the designated groups – blacks, women and disabled persons). Discrimination based on affirmative action aims to reach equality at work without sacrificing and or lowering the standards and without excessively limiting the prospects of existing employees. A very good example of this is getting rid of discrimination in company policies, procedures and practices. Its main aim is generally to ensure that the previously disadvantaged groups are fairly represented in the workforce of a particular employer. b. Discrimination based on the inherent requirements of a job Any discrimination based on the inherent requirement of the particular job does not constitute unfair discrimination. An inherent requirement of a job depends on the nature of the job and required qualifications. If such requirements can be shown, discrimination will be fair, for example a person with extremely poor eyesight cannot be employed as an airline pilot. c. Fair compulsory discrimination by law The law does not allow the employer to employ children under the age of 15 years, or pregnant women four weeks before confinement and six weeks after birth. Thus any person under 15 years old who will apply can be rejected by a company and this can be characterized as a fair discrimination by law. d. Discrimination based on productivity For any employer who discriminates on the basis of productivity such that when giving promotions or merit increase is fair based on law. But this action is dependent on the fairness of the criteria employed for evaluating performance and productivity. An employee can be rejected or not allowed to be promoted if his or her performance did not meet the criteria. 2.A. What is the distinction between EEOC and OFCCP? Explain which agency has oversight for which employers. The U.S. Equal Employment Opportunity Commission (EEOC) is an independent federal law enforcement agency that enforces laws against workplace discrimination. It is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (U.S. Equal Employment Oppurtunity Commission, 2011). It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. EEOC has Read More
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