Protection of Equal Employment Opportunities in China and the USA - Essay Example

Introduction: Equal employment opportunity (EEO) is largely viewed as a means if preventing discrimination at the workplace (Ricucci, 2003). The idea behind laws and policies that aim to provide EEO, is to ensure that there is minimal to no discrimination against an employee or potential employee in a certain working environments (Edelman, 1992). There are those that suggest that equal employment opportunity/ affirmative action law is perhaps the most important legal encroachment on employer’s prerogative, in the most legitimate manner (Ivancevich, 2008). The idea remains to limit employer’s ability to perpetuate social advantage or disadvantages through employment opportunities-in doing so, it threatens, to constrain traditional managerial prerogatives to choose freely whom to hire, fire and promote (Fritz and Kleiner, 2007). Equal Employment Opportunity law is considered to be passive largely within the statute books of the United States, given the fact that it requires employers to refrain from discriminating against protected-class members (i.e. those that were designated for protection by the specific EEO legislation). Affirmative action, however, requires employers to take positive steps toward employing, promoting and retaining qualified women, people of color and other protected class people (Agócs and Burr, 1996). Not only would this help in rectifying past and present discrimination, but would help in the creation of representative bureaucracy-government bureaucracies that are demographically representative of the general populations they serve (Radford, 1997). Difference between USA and China-The systems One would have to remember, when comparing, the dual nature of protection against discrimination in employment opportunities that much of the differences that exist would automatically be manifestations of long term differences in the socio-political structures that define USA and China respectively. the United States of America is a democracy, in the purest and probably the truest sense of the word. it is also a country that in a de facto manner follows the rites of a laissez-faire free market economy, where much of decision making falls within the exclusive domain of the private players. China, on the other hand is a communist country, the lone survivor in fact, of the erstwhile Red Bloc. This means, in essence, that trade in the Chinese domain is a property of, and is dominated by the state and in turn then the Communist Party of China. one would also at this point have to allow for the basic differences that characterize the Chinese and the US manner of thought and process. The idea is that in China, given the Communist-Socialist ideology defining the country and its economic institutions, there is a e facto trend that veers toward the protection of individual rights when it comes to employment opportunities, especially in light of the fact that the state owns industry and the purpose of the state is to bring the society increasingly into the situation which is characterized by equality (Hunter, Lam and Lin. 2008). In USA, on the other hand, the state is a mere regulator, one that exists to ensure that things run smoothly and not to ensure equality in society. The idea governing society in the United States, at least in theory, is that there is a difference in terms of ability and in terms of merit and that these differences need to be respected. The fact that much of the industry is owned by private players means that the industry has the right to choose who they wish to employ and who they wish to reject. The fact that USA is a democracy that protects EEO, has meant that much of the discrimination based sex today is more covert and subtle and hence more difficult to point out (Bennington, 2006). In the United States the history of the EEO dates back to the decade of the 1960s, where amid harsh protest and demonstration, the Title VII of the Civil Rights Act was passed. The Act was aimed at preventing private sector employers from discriminating on the basis of race, color, religion, gender or national origin. Since then the US law has had a litany of legislations all aimed at preventing discrimination. These include Age Discrimination in Employment Act as amended in 1967, the Vietnam Era Veteran’s Readjustment Act, 1973 and the Americans with Disabilities Act, 1991. Most of this has been a work in progress, amendments and laws which have been passed I response to the requirement of the times (Ivancevich, 2008). The Chinese scenario in this case is, however, a lot different. In theory at least, the Chinese Constitution inundates the principles of non-discrimination within the basic tenets of the Constitution itself. In China on the other hand, EEO has been enumerated within the Constitution. Article 12 clearly states that, "With regard to employment, workers shall not be discriminated against on grounds of nationality, race, sex or religious views.  The Constitution also guarantees equal protection in employment opportunities. Article 13 states that: "Women shall enjoy equal employment rights to men. When recruiting employees, women shall not be refused on the grounds of sex, nor shall the recruitment standards for women be raised, except in those types of work or positions of work, which are unsuitable for women stipulated by the State" Article 14, finally states that, “If there are special provisions in laws and stautory regulations concerning employment of disabled persons, minority nationalities and soldiers retiring from active service, such provisions shall apply”. It has been found that the number of women in senior executive positions has increased over time. They females represent less than 2 per cent of all CEOs in the year 2004 and were on an average younger than male counterparts, head firms that are smaller (in terms of sales, number of employees, and market value) and produce a smaller percentage return to shareholders (Adams et. Al., 2007). The United States has a fairly comprehensive set of legislation to address the problems of discrimination. However, it lacks a national consensus on how to address the issue of past discrimination (Orife and Chaubey, 2001). Researchers have been unable to draw conclusions about labor market conditions for people who are deaf or hard of hearing because surveys of individuals with disabilities do not sufficiently sample these groups. In general, the respondents reported an improvement in labor market opportunities. However, a substantial number agreed that ADA requirements and increased benefits under SSDI and SSI have resulted in a drop in employment, particularly for workers who are deaf and lack postsecondary education (Houston and Lammers, 2010). In spite of the growing attention to and the rapid development of employment in the informal sector in general and in community services in particular in China, little is reported or understood in Western literature on the nature of this type of work and employment relations, its increasingly important role in the economy, and its implications for legal and social policies (Cookie, 2006). Modern China with its trappings of socialism, came to the fore in the 1940s under the leadership of Mao, where each one was hailed as being equal, especially given "the so-called iron rice bowl system prevailed" in China (Zeng, 2007, p994). Under this system, employees were assigned to state-owned enterprises (SOEs), which guaranteed lifetime employment and a wide range of benefits, including housing and education. With China adopting the fast lane to reforms aimed at ensuring that the Chinese took their place beside the industrialized nations of the world, the institutions underwent change, and philosophies changed. The country became market oriented in spirit which made it susceptible to discrimination, especially given the huge disbalance between supply and demand where labor was concerned. what happened as a result was that caught within the socialist letter of law, the Chinese industry and its problems moved ahead and the letter of the law lagged behind. There are those today that discriminate against women to avoid the prospect of maternity leave (Xin, 2008), display a marked aversion to hiring relatively older people by imposing an age requirements on job applicants. There is also discrimination made on the basis of HIV patients, height, and at times just a marked apathy to the Party. The Chinese Administrative Litigation Law only permits review of administrative action taken within the scope of the sued entity's formal regulatory responsibilities. One has to understand and accept the fact that discrimination levels with China over the past few decades have scaled new heights. Since the open door policy in the early part of the 1980s, one finds a marked improvement in terms EEO promotion, especially as opposed to the trend of the Cultural Revolution (Cooke, 2001). One finds in modern China the hints of women empowerment in light of the fact that China has one of the highest of female employment in the world. Today, there are more than half a billion women in China, of whom over 50 per cent are in full-time employment, making up nearly 40 per cent of the total workforce in the country (Cooke, 2010). There is also the concern with respect to the fact that in most cases the amount of progress that is made by women is shaped by cultural, structural and action dimensions. Organizational and societal cultures, family structures and organizational processes all play a part in providing the context within which women’s career patterns are determined and to a much lesser extent the way women choose them (Cooke, 2003, Metcalf and Woodhams, 2008). One also in fact finds evidence in modern research supporting the fact that women in general like doing things better and with greater precision, in modern China given their urge to prove themselves (Granrose, 2007). Chinese law embodies certain types of values against discrimination as a practice when it comes to employment. Nevertheless, one has to understand the fact that although the Chinese constitution is mostly quiet on the nuances of modern forms of discrimination, much of what has been stated, is sufficient, in the most rudimentary forms to satisfy the tag making China a country supporting EEO in theory. It supports anti discrimination based on caste, creed and color, sex and disability. In conclusion, one could state with an acceptance of the irony that for all aims and purposes where the question of protection of equal opportunities in employment is concerned, USA, despite being a capitalist country trumps China, which is, socialist in letter and discriminatory in spirit. Reference: Ricucci, J., (2003). ‘Equal employment opportunity and affirmative Action’. In Rabin, J., Eds. Encyclopedia of public administration and public policy, Volume 1. Policy Press. p489 Edelman, L. B., (1992). ‘Legal Ambiguity and Symbolic Structures: Organizational Mediation of Civil Rights Law’. 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Kaufman (ed), Government Regulation of the Employment Relationship, IR Research Association, Madison, pp. 343-68. Read More