Employment Law - Employment Discrimination - Research Paper Example

Name Institution Course Instructor Date Employment Law - Employment Discrimination Table of Contents Table of Contents 1 Introduction 3 The existence of employment discrimination 3 Reasons for existence 4 Definition of employment discrimination 4 Disparate treatment 4 Adverse impacts 5 Retaliation 5 Literature review 5 Employment discrimination in the United States 5 Protected classes 6 Women employment discrimination 6 Comparison between the United States and Saudi Arabia 6 Case study 7 Woman Employment Law History in Saudi Arabia 8 Today’s Woman Employment Law Regulations in Saudi Arabia 8 Saudi labor law 9 Conclusions and recommendations 10 Employment discrimination is the treatment of employee in a dehumanizing manner due to their race, national origin, sex and even physical disability. The issue of employment discrimination has remained dominant in different countries of the world, including the developed western countries. In most of these countries, recruitment is based on other factors apart from academic qualification, experience or even ability of the applicant to accomplish the job. Saudi Arabia, just like other countries in dominantly Muslim countries in Asia and Middle East experience employee discrimination. Though other countries such as the United Kingdom and the United States have various types of employment discrimination, Saudi Arabia faces gender employee discrimination and this has been attributed to the pioneer laws and traditions in the country. In previous years, women played a minor role in the development of the economy and this affected the willingness of most employees to give women equal opportunities. Introduction Employment discrimination is defined as the adoption of lesser ways of dealing with other employees or potential employees based on their demographic characteristics. In such instances, employees are treated based on their gender, race, age and even religion, thus affecting the chances of certain individuals from acquiring employment. Discrimination, though common in different parts of the world, is disastrous to the economy as potential employees with the ability to deliver are excluded from the market (Honoree, Friedl and Terpstra 790). In Saudi Arabia, gender employment discrimination is common and this has been attributed to the conservative religious culture in the country. The Islamic law and the social norms and traditions in the country have retracted economic progress in the country, a factor that is attributed to the disparity (Alsaleh). The existence of employment discrimination According to a report released by the human rights watch, the level of gender discrimination at the workplace has significantly increased in Saudi Arabia. This, the report attributes to the various employment requirements that have been put in place in the country based on the sharia laws. The belief expressed by this report that gender discrimination has increased in Saudi Arabia does not put into account the traditional need to protect women in society, especially those in the workplace. As a result, for a woman to enter into an organization, she is placed under the supervision and leadership of a male supervisor. This is done regardless of the age, academic qualification and work experience of the job applicant, a situation that demonstrates that such policies are aimed at ensuring that women are able to conduct their duties within an environment that they feel secure. In previous years, widowed or divorced female job seekers in Saudi Arabia were exposed to more challenging work environment as compared to men in similar situations. Female job seekers almost always had to seek the permission of a man in order to be employed in different companies in the country, especially in government agencies (Alsaleh). This, however, is no longer the case as more women are getting involved in the economic life of the country. Reasons for existence The presence of gender employment discrimination in Saudi Arabia has been attributed to a number of factors, which are affiliated to tradition or religion. Cultural impact has been considered to be the primary contributor to the existence of gender based employment discrimination in Saudi Arabia. Despite the existence of this form of discrimination, women are increasingly becoming significant contributors to the nation’s economy (Ford 1400). Islamic principles have been associated with high levels of employment discrimination in the country, as witnessed in other predominantly Muslim nations in the region. This situation is improving within Saudi Arabia as seen where Saudi women are allowed to own cars with a number of them taking the step to drive themselves from place to place, against what has been termed as tradition (Alsaleh). Definition of employment discrimination Disparate treatment Disparate treatment is a theory of discrimination, which defines the level of employment discrimination in the country. This treatment occurs when a member of special and constitutionally protected individual is unfavorably treated. Such treatment is considered unlawful in the country when the actions of the employer are considered filled with intent to discriminate and violate individual rights (Ford 1402). Adverse impacts The uniform guidelines on employee selections procedures describe the adverse impact as far as employment discrimination is concerned. Under this term, adverse impact is considered as the use of substantially divergent way of selecting, hiring, promoting and even dismissing employees from an organization that affects job seekers based on their race and sex (Honoree, Friedl and Terpstra 790). Retaliation Retaliation at the workplace is considered as the presence of adverse action against employees at the workplace for taking action against an organization in the form of a compliant before labor authorities. Harassment and discrimination are common forms of retaliation at the workplace, which arise due to the actions of an employee against the employer (Ford 1400). Literature review Employment discrimination in the United States Employment discrimination in the United States has existed for a protracted period and this contributed to the development of various laws in the country. The United States law prohibits employee discrimination and this has contributed to the emergence of more dynamic laws and commissions such as the civil rights act and the equal employment opportunity commission. In the United States, two amendments, the fifth and fourteenth amendments, have been introduced and these have touched on the issue of employment discrimination in the country and the entitlement of an employee who feel discriminated (Alkhteeb and Zafar 12). However, employment discrimination or even harassment of employees within the private sector based on their age, gender or race is not entirely unconstitutional (Fnais 134). This demonstrates that the federal and state laws in the United States have given private organizations a free hand as far as employment discrimination is concerned. Protected classes The United States constitution defines a protected class as a person who cannot be targeted by organizations for employment related discrimination. According to the federal law of the United States, a number of protected classes have emerged based on different civil rights laws, acts and amendments of federal laws of the country. Age and sex are also considered as special classes based on amendments and acts introduced into the constitution in 1967 to protect female employees from employment discrimination (Stark 350). Pregnancy, citizenship, familial status, citizenship and genetic information and even the veteran status qualifies as protected class within the United States constitution. Such employees cannot be discriminated against because such treatment violates federal law of the country (Honoree, Friedl, and Terpstra 790). Women employment discrimination The status of women at the American workplace has remained a major issue in different parts of the world due to the low status treatment that women are subjected to during the hiring process (Ford 1400). Historically, women in the United States have been relegated to minor roles such as front office operations, which are low paying jobs. In organizations that women are belittled, a notion of lack of adequate professional knowledge and experience is develop to shield women and force them into minor roles in the organization (ALkhteeb and Zafar 12). Comparison between the United States and Saudi Arabia In both the United States and Saudi Arabia, pay inequality has remained a major issue as far as gender based employment discrimination is concerned (Bornstein, Joan and Genevieve 60). The private sector in Saudi Arabia is as affected by employment discrimination as witnessed in the United States due to lack of adequate laws to ensure that private sector human resource laws are regulated (Flynn 380). Just as gender based employment discrimination in the United States has dwindled due to various federal laws that have been introduced, the same can be said of Saudi Arabia. While in previous years, the Islamic law, tradition and culture have contributed to the predominance of women discrimination the country, this is no longer the case since many women have become an active part of the economy, with some even owning and running their own businesses (Ward, Twairqi, and Yassin). This is because women have for the first time been able to undertake independent action concerning not only their careers, but also the choices that they make, such as the decision of many women to drive themselves from place to place without necessarily having to rely on men (“Women entering the Saudi Shura Council”). In Saudi Arabia, women are required to serve under the leadership and direction of a man as a way of ensuring that they are protected against the sometimes hostile work environment that exists out of their own homes rather than as a means of open discrimination against them (Zuhur 112). Case study In this section, women employment discrimination will be discussed in relation to the legal laws and enactments in Saudi Arabia and how culture and tradition affected the development of new laws aimed at protecting women. The history of women discrimination laws in Saudi Arabia will be discussed in relation to a number of cases that exist on the same topic. Woman Employment Law History in Saudi Arabia Although the sharia and the Muslim culture do not expressly discriminate against women, men have more economic opportunities for growth as compared to women. Saudi Arabia remained for long without any labor laws guiding the behavior of government and private institutions as far as discrimination based on gender was concerned (Domagalski 200). As a result, organizations were allowed to develop internal policies so long as they did not violate the provisions of the sharia laws of the country. This affected the growth and economic development of women in the country as compared to their male counterparts. Women had few economic and employment opportunities as compared to men and this affected their position and role in economic development of the country (Ward, Twairqi, and Yassin). However, all of these started to change as more women started taking an active part in the working environment of the country. In modern Saudi Arabia, the number of women who have university degrees has continued to increase and many of these individuals have opted to take part in the economic life of the country. Despite the common misconception in the west that women in Saudi Arabia are out rightly discriminated against in the workplace, the actions taken, such as being put under male supervision, is done not as a discriminatory measure, but as a means of ensuring that they are secure in their places of work. This has largely contributed to the success of women in the workplace within Saudi Arabia and has ensured that they remain an increasingly active part of its economic life. Today’s Woman Employment Law Regulations in Saudi Arabia According to the international labor organization, Saudi women constitute only 19% of the total labor force in the market, a number that has improved by a small margin since 1990. Women employment laws in Saudi Arabia has witnessed significant changes, moving from a fully Islamic and sharia controlled system to a more liberal approach to issues to deal with women in the country (Flatow). Saudi labor law The Saudi labor legislations were introduced towards the end of the 20th century at a time when the sharia and the Sunni laws were considered supreme to any other legislation. This law was developed to document the rights of employees and the obligations of the employers in ensuring that discrimination is eliminated. In the past, any discussions that revolved around discrimination at the workplace were punctuated with the high level of sharia and Sunni law applications in the country (Zuhur 112). Various provisions within the Saudi labor laws provide positive protection against all forms of discrimination, including discrimination against the disabled, women and members of the Shiite religion. The labor law prohibits co-mingling of men and women within the work environment, a provision that borrows heavily from the sharia laws, which are strict on the public relationship of women and men. Women are also protected from working in any areas that are considered hazardous such as high machine departments and chemical zones due to the implications it can have on their health (Zuhur 112). Women are also prohibited from being allocated night shifts in any organization as this contravenes the sharia and Sunni laws in the country. However, nurses have been allowed to work at night due to the nature of their job and the expectations placed on them by the society as caregivers within the hospital facilities (Flatow). The introduction of the labor laws has also made it possible for female employees to work and raise their families without being the subject of discriminatory company policies. As a result, it is a common situation to see women take a four-week maternity leave before delivery and a six-week paid leave after delivery to take care of their new born (“Sara Aalamri (Flatow) becomes one of first four licensed women attorneys in Saudi Arabia”). Labor laws also make it mandatory for employers to foot the maternity bill for their employees despite the number of years they have been working in these organizations. Any organization that dismisses an employee during the six week of maternity leave contravenes the provisions of the labor laws in the country (Ward, Twairqi, and Yassin). The introduction of this law has streamlined the employment sector in Saudi Arabia, granting women equal opportunities of economic and professional growth as their male counterparts. However, issues of wage disparity have not been addressed to this date and women employees continue to earn less as compared to men in the same job group. Personal views on women working in Saudi Arabia Since the beginning of the twenty first century, there have been numerous improvements in the lives of Saudi women, especially in the political and economic sectors. For the first time in history, Saudi women were, through a decree by King Abdullah, allowed to seat in the Shura Council and this has made it possible for them to become active participants in the development of some of the policies in the country. Furthermore, because Saudi women have also began being more visible in the economic sector when compared to previous years, they have developed a sense of independence which is quite encouraging because it allows women in other Middle Eastern countries to consider and aspire for a larger role for themselves. While there is still more to be done to ensure that women in Saudi society attain equality with men, their circumstances have improved so much that it is necessary for the rest of the world to recognize them rather than looking only at negative aspects which are slowly but surely becoming insignificant. Conclusions and recommendations It is essential to note the improvements that have taken place in the lives of Saudi women especially in matters concerning employment and their place in society. Despite the negativity that media, especially western ones, tend to propagate concerning Saudi women, these women are increasingly taking on a prominent role in society which allows them to not only become active participants in the workplace, but also get involved in economic activities which were previously denied them. However, despite the improvements that have taken place so far, it is essential for the Saudi government to take active steps, such as providing women with more incentives to get into both the public and private sectors so that they can become more active participants in the economy. Finally, women should be allowed to make decisions in the workplace more independently because this is the only way that they can be able to develop their full potential. Works Cited “Women entering the Saudi Shura Council, for the first time in history. Two things royal ordinances to amend the articles of the Council and configure system.” Alarabiya. 2013. Web. Nov. 30, 2014. 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