Employment Law: Employment Discrimination - Example

Employment Law - Employment Discrimination Table of Contents Table of Contents Executive summary 2 Introduction 2 The existence of employment discrimination 3 Reasons for existence 3 Definition of employment discrimination 3 Disparate treatment 3 Adverse impacts 4 Retaliation 4 Literature review 4 Employment discrimination in the United States 4 Protected classes 5 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 Personal views on women working in Saudi Arabia 10 Conclusions and recommendations 11 Works cited 12 Executive summary 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. Women have played a minor role in the development of the economy and this has affected the willingness of most employees to give women equal opportunities. Introduction Employment discrimination is defined as the adoption of lesser ways of dealing of 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, David and Jonn 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 (Miller 60). 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. 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 demonstrate that such policies are aimed at depicting the female gender as weak and non-reliant. Widowed or divorced female job seekers in Saudi Arabia are exposed to more challenging work environment as compared to men in a similar situation. Female job seekers must seek the permission of a man in order to be employed in different companies in the country, especially in government agencies (Miller 60). 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 is the primary contributor to the dominance of gender based employment discrimination in Saudi Arabia. Though a number of women have contributed to the growth of the economy, discrimination has remained within the society (Ford 1400). Islamic principles have been associated with high levels of employment discrimination in the country, as witnessed in other predominant Muslim nations in the region. Saudi women are allowed to own cars but cannot be seen driving around the country, a demonstration of the level of low regard that women are subjected to (Miller 60). Definition of employment discrimination Disparate treatment Disparate treatment is a theory of discrimination that was developed under the United States civil rights act, which defines the level of employment discrimination in the country. According to the seventh schedule of the United States, disparate 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, David and Jonn 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 has remained a major human resource management topic in various countries including the United States and the Middle East. A number of literatures exist that describe the emergence and growth of literature review in the United States based on studies conducted in the countries. 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 have been introduced that have touched on the issue of employment discrimination in the country and the entitlement of an employee who feel discriminated (ALkhteeb and Zafar 12). The fifth and the 14th amendment to the United States constitution indicate that due process and equal protection clauses must be invoked in order to protect job seekers and employees from employer castigated discrimination. 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 is because the federal and state constitutions have not allowed the respective governments to introduce laws aimed at influencing business practices of the private sector. This demonstrates that the federal and state laws in the United States have given private organizations a free day as far as employment discrimination is concerned. A number of studies have confirmed that the private sector lead as far as employee discrimination is concerned in the country (Flynn 380). Protected classes The United States constitution has a special category of protected members of the public who are recognized by the constitution due previous cases of massive rights violation by corporate organizations (Stark 350). For example, the LGBT is protected under various federal and state civil rights laws against employment discrimination in the country and such laws vary based states. Such laws prohibit any bias during the process of hiring, promotion, termination or even compensation basing such actions on the sexual orientation of the individual. The United States constitution defines a protected class as a person who cannot be targeted by organizations for employment related discrimination (Fnais 134). 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 based on the classes highlighted by the United States constitution as such treatment violates a federal law of the country (Honoree, David and Jonn 790). Women employment discrimination The status of women at the 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. In most organizations, women have faced bias due to their sex despite the fact that a number of laws have been introduced to protect women against discrimination and unfair treatment at the workplace (Ford 1400). Historically, women in the Saudi arabia 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 Employment discrimination in Saudi Arabia and the united states have a number of commonalities and differences just like as been witnessed in other legal jurisdiction. In the United States, pay inequality has remained a major issues as far as gender based employment discrimination is concerned (Bornstein, Joan and Genevieve 60). This is also a major issue in Saudi Arabia according to the national society for human rights report that indicated the need for Saudi courts to develop precedence which will discourage the pay disparity in the country. 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). Saudi Arabia has witnessed significant changes as far as women treatment in the job market is concerned. Today, the business environment has become more receptive of women employees as compared to the past and this can be attributed to the Saudi labor laws. Private and public organizations across the country have developed an elaborate plan to increase the number of female employees in the workplace. The developmental plans and policies are developed with women in mind and this demonstrates the changes that the country has experienced over the years. Women are also allowed to open and operate private businesses in the country and compete favorably with men owned enterprises. Laws have also been introduced that allow women to hire and manage employees, including male employees, a situation that was unheard of in the past. Despite lack of laws to support the economic development of women in Saudi Arabia, women are emerging as an economic force to reckon with. The policies of the king of Saudi Arabia have also been attributed to the changes that have been witnessed in the country as far as women are concerned. Most of these policies have eliminated the previous mentality which depicted women as the weak sex who cannot compete favorably with men in economic environment (Zuhur 112). Case study In this section, women employment discrimination will be discussed in relation to the legal laws and enactments in the country 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 Saudi Arabia, just like other predominant Muslim countries are under the guidance of sharia and Sunni laws, which have strict provisions for the various genders. Though 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 is concerned (Domagalski 200). As a result, organizations were allowed to develop internal policies so long as they do 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. Culture and tradition played a major role in the nonexistence of proper law to guide and discourage discrimination based on gender in the country (Baker 123). 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 (Bronstein 213). Women discrimination in the Saudi Arabia has occurred through several ways as documented by a number of court cases within the district courts or even the supreme court of the country. Apart from relegating women to low paying jobs such as assistants and secretaries, a big wage disparity exists between the sexes. Despite the constitutional progress that has been made in the country to advance the rights of employees, women continue to suffer from unequal payment (Flynn 380). According to Roehling et al, (160), women earn less than 90% of what their male counterparts in the same job group take home. The reasons that employers used to support their decisions to pay women lowly as compared to men are purely based on gender. Women are viewed as the weaker sex in the corporate world and therefore unable to adequately function in the organization as compared to their male counterparts, a reason for the wage disparity in the Saudi Arabia and beyond (Bornstein, Joan and Genevieve 60). Men were also viewed as the sole breadwinner in most families, thus imposing on them the responsibility to take care of their families including the women. Such arguments were used to deny women the chance to earn equal pay as their male counterparts, a practice that further pushed the issue of discrimination based on gender. Various court decisions have been made which have decried most of these discriminatory treatments against women in the country and urged for the development of fair laws. 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 the Saudi labor laws provide 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 (Bronstein 213). 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 (Bronstein 213). 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 (Baker 123). 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 Gender based employment discrimination is a common phenomenon in various countries, including non-Muslim western countries such as Ireland and Australia. However, Saudi Arabia has remained in the radar of international labor organization due to the dominant role played by the traditional Islamic laws in the country. Working in Saudi Arabia for women has witnessed significant changes as demonstrated by the implications of the Saudi labor laws. Challenges are expected in the process of developing economically but women can advance their careers in Saudi Arabia despite discrimination related challenges (Bronstein 213). Conclusions and recommendations Gender employment discrimination is not associated with a country or a religion, but a problem that has existed in different parts of the world including the liberal west and conservative east. In this paper, female employment discrimination in Saudi Arabia and the United States has been discussed in relation to the laws that have been developed. However, more need to be done to ensure that women are given an enabling environment to advance their careers and grow into independent people. This can be achieved through the introduction of more specific laws and legislations targeting various aspects of female discrimination in the country. Works cited ALkhteeb, TarekTawfik, and Zafar Ahmad Sultan. "Role of Women in Economic Development in Saudi Arabia: A Case Study of Al-Kharj Governorate." International Journal of Academic Research 6.3 (2014): 10-18. Print. http://connection.ebscohost.com/c/articles/96867354/role-women-economic-development-saudi-arabia-case-study-al-kharj-governorate Baker, Aaron. "Access Vs. process in employment discrimination: why adr suits the US but not the UK." Industrial Law Journal 31.2 (2002): 113-134. Print. http://dro.dur.ac.uk/3321/ Bornstein, Stephanie, Joan C. Williams, and Genevieve R. Painter. "Discrimination against mothers is the strongest form of workplace gender discrimination: lessons from us caregiver discrimination law." International Journal of Comparative Labour Law & Industrial Relations 28.1 (2012): 45-62. Print. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2311747 Bronstein, Arturo. International and comparative labour law: current challenges. Geneva: International Labour Organization, 2009. Print. http://ilo.org/global/publications/ilo-bookstore/order-online/books/WCMS_107791/lang--en/index.htm Domagalski, Theresa. "Employment discrimination and the international workplace: a review of recent us court rulings. “Employee Responsibilities & Rights Journal 20.3 (2008): 195-204. Print. http://link.springer.com/article/10.1007/s10672-008-9070-6#page-1 Flynn, Patrice. "The Saudi Arabian labor force: a comprehensive statistical portrait." Middle East Journal 65.4 (2011): 575-586. Print. http://www.ingentaconnect.com/content/mei/mei/2011/00000065/00000004/art00004 Fnais, Naif, et al. "Prevalence of harassment and discrimination among residents in three training hospitals in Saudi Arabia. “Annals of Saudi Medicine 33.2 (2013): 134. Print. http://www.ncbi.nlm.nih.gov/pubmed/23563000 Ford, Richard Ford. "Bias in the Air: Rethinking Employment Discrimination Law." Stanford Law Review 66.6 (2014): 1381-1421. Print. http://www.stanfordlawreview.org/print/article/bias-air-rethinking-employment-discrimination-law Honoree, Andre, David Terpstra, and Jonn Friedl. "US Employment Discrimination Cases: Does Race/Gender Matter?" Equality, Diversity & Inclusion 29.8 (2010): 787-798. Print. http://www.emeraldinsight.com/doi/abs/10.1108/02610151011089528 Miller, Paul. "The gender pay gap in the us: does sector make a difference?" Journal of Labor Research 30.1 (2009): 52-74. Print. http://link.springer.com/article/10.1007%2Fs12122-008-9050-5#page-1 Response of the royal order. Minister of labor issued decisions concerning the organisation of women’s work. n.d. https://translate.google.com/translate?hl=en&sl=ar&tl=en&u=http%3A%2F%2Fwww.burnews.com%2Fnews%2F2011%2F07%2F11%2Fوزير-العمل-يصدر-قرارات-تخص-تنظيم-عمل-المرأة&sandbox=1 Stark, Barbara. "State responsibility for gender stereotyping." Journal of Gender, Race & Justice 17.2 (2014): 333-365. Print. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2427100 Zuhur, Sherifa. Saudi Arabia. Santa Barbara, Calif: ABC-CLIO, 2011. Print. Read More