Discrimination in the Labor Market - Essay Example

Discrimination in the Labor Market "There is all the difference in the world between treating people equally and attempting to make them equal." Friedrich A. Hayek Nobel Prize winning Austrian Economist "In the end anti-black, anti-female, and all forms of discrimination are equivalent to the same thing: anti-humanism." Shirley Chisholm First Black woman elected to Congress Discrimination is defined as the valuation in the labor market of personal characteristics of workers that are unrelated to productivity (Overview of Discrimination). Simply said, employment discrimination occurs when employers (or unions or employment agencies) illegally single out employees and job candidates. There are plenty of anti-discrimination regulations issued and enforced at the Federal level by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC, an employer cannot discriminate against employees or job applicants in any aspect of employment, including the following; hiring and firing, compensation, assignment or employee classification, benefits and benefits, transfers, promotions, layoffs or recalls, recruitment, job advertisements, testing, use of company facilities, training, apprenticeship programs, retirement plans, and disability leave (Employment Discrimination Definition). To be "illegal" employment discrimination at the Federal level, employers must single out employees based on age, disability, national origin, race, religion or sex (gender), in violation of specific Federal employment discrimination laws. If employers single out employees for reasons that are not prohibited by specific laws, then employees are not protected from those types of discrimination (Employment Discrimination Definition). There are three economic theories of labor discrimination, Pure Discrimination- Based on personal prejudice ("taste for discrimination"), Occupational Segregation, and Statistical Discrimination- Employers use personal characteristics as signal of productivity- Not necessarily rooted in personal prejudice (Overview of Discrimination). There are many ways that a person can be discriminated in the labor market. However, sexual discrimination and racial discrimination are the most common occurrences (Boyd). Other kinds of labor discrimination, which are also illegal, are based on color of the skin, family tree, country of origin, political affiliation, religion, single or married, economic status, physical disability, mental disability, gender, sexual preferences, age, conviction for a criminal offence that is not related to the job applied for. Discrimination by Race From Title VII of The Civil Rights Act, it is unlawful to discriminate against any employee or applicant for employment because of his/her race or color about hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups (Discrimination in the workplace). The Civil Rights Act further prohibits both purposeful discrimination and unbiased job policies that disproportionately prohibit minorities and that are unrelated to the job. The Civil Rights Act also deals with harassment based on race and/or color. Harassment includes the use of ethnic slurs, racial "jokes", offensive or derogatory comments, or other verbal or physical conduct. Title VII is also violated where employees with ethnic background are segregated by physically separating them from other employees or from customer contacts (Discrimination in the Workplace). Additionally, equal employment opportunity cannot be denied because of marriage to or association with an individual of a different race; membership in or association with ethnic based organizations or groups; or attendance or participation in schools or places of worship generally associated with certain minority groups (Discrimination in the Workplace). In summary, Title VII violations include race-related characteristics and conditions, harassment, segregation and classification of employees, pre-employment inquiries. Moreover, the Civil Rights Act also prohibits employers from retaliating against an individual for opposing employment activities that discriminate based on race or color, or for filing a discrimination charge, testifying, or involvement in any investigation, proceeding, or litigation under Title VII (Race/Color Discrimination). In fiscal year 2004, EEOC received 27,696 charges of race discrimination. EEOC resolved 29,631 race charges in FY 2004, and recovered $61.1 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). The EEOC has observed an increasing number of color discrimination charges. Color bias filings have increased by 125% since the mid-1990s, from 413 in FY 1994 to 932 in FY 2004 (Race/Color Discrimination). Sex-based Discrimination Sex discrimination cases are based on two different theories of disparate treatment and disparate impact. A disparate treatment case involves an employer's policy, which treats similarly situated employees differently, based on their gender or sexual orientation (Discrimination in the Workplace). In a disparate impact case, the employer's policy has a disproportionate adverse impact on persons of one's own gender or sexual orientation. The Bona Fide Occupational Qualification (BFOQ) contained in Title VII of the Civil Rights Act permits an employer to hire and employ individuals based on their qualifications reasonably necessary to the normal operation of that particular business or enterprise (Discrimination in the Workplace). Employers are also prohibited to discriminate any employee or applicant for employment because of his/her sex about hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals based on sex. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals based on sex and that are not job related (Sex-Based Discrimination). In summary, Title VII's prohibitions against sex-based discrimination also cover: sexual harassment and pregnancy based discrimination (Sex-Based Discrimination). In Fiscal Year 2004, EEOC received 24,249 charges of sex-based discrimination. EEOC resolved 26,598 sex discrimination charges in FY 2004 and recovered $100.8 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation) (Sex-Based Discrimination). Discrimination by Reason of Age The Age Discrimination in Employment Act of 1967 (also known as the "ADEA") provides that no person shall be discriminated against because of his or her age. If an employer terminates an individual who is older than 40 years of age and there appears to be no valid reason for the termination other than the employee's age, the former employee may have a valid complaint against the employer for age discrimination under this law (Discrimination in the Workplace). Moreover, the ADEA also prohibits employers from retaliating against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government. ADEA protections include apprenticeship programs, job notices and advertisements, pre-employment inquiries, benefits, waivers of ADEA Rights (Age Discrimination). In Fiscal Year 2004, EEOC received 17,837 charges of age discrimination. EEOC resolved 15,792 age discrimination charges in FY 2004 and recovered $60.0 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation) (Age Discrimination). Discrimination by Reason of Disability The American Disabilities Act of 1990 (also known as the "ADA") is intended to remove the barriers preventing competent individuals with disabilities from having the employment, transportation, communication, and cultural employment which are usually available to persons without disabilities. The ADA also prohibits an employer with 15 or more employees to discriminate in all employment activities such as recruitment, hiring, promotion, training, lay-off, pay, firing, job assignments, leave, and/or benefits because of an employee's disability (Discrimination in the Workplace). Disability is a physical or mental impairment that substantially limits one or more of a person's major life activities. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to: making existing facilities used by employees readily accessible to and usable by persons with disabilities, Job restructuring, modifying work schedules, reassignment to a vacant position; Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualifies readers or interpreters (Discrimination in the Workplace).. An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids (Discrimination in the Workplace). Title I of the ADA also covers (Disability Discrimination): Medical Examinations and Inquiries Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs. Drug and Alcohol Abuse Employees and applicants currently engaging in the illegal use of drugs is not covered by the ADA when an employer acts based on such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees. Moreover, the employer is prohibited to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA (Disability Discrimination). In Fiscal Year 2004, EEOC received 15,376 charges of disability discrimination. EEOC resolved 16,949 disability discrimination charges in FY 2004 and recovered $47.7 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation) (Disability Discrimination). Consequences of labor discrimination The practice of labor discrimination does not only affect the individual employee himself but also the whole labor market and even the economy as a whole. Therefore, the elimination of labor discrimination of any form will positively influence the economy. Generally, discrimination can affect access to employment and to particular occupations, access to training and vocational guidance, and various terms and conditions of employment, such as equal remuneration, hours of work and rest, paid holidays, maternity leave, security of tenure, advancement, social security; and occupational safety and health (Non-discrimination: Facts and Figures). For the individual and family affected, discrimination in respect of employment and occupation can bring the loss of income, access to health care, shelter, well-being, and even life itself. Over the last decade, levels of unemployment of ethnic minorities in some countries have soared abruptly above the average, women and disabled worked, in particular, are adversely affected by new labor market trends and young persons and older workers by long term unemployment and economic restructuring (qtd. from Non-discrimination: Facts and Figures). Women are less likely, than men, to get involved in the labor force in every country for which data is available. Women who do work are in susceptible jobs to a larger degree than men since part time work is important for women because it often allows family tasks to be combined with employment and yet part-time work often lacks legal and social benefits (qtd. from Non-Discrimination: Facts and Figures). Employees that belong to the ethnic groups that are being discriminated usually receive lower wages. Moreover, the unemployment rate among such groups consequently increases. On the psychological aspect, employees who have experienced workplace discrimination will have a negative attitude toward the community itself. Consequently, their children's decisions, aspirations, and attitudes will mostly be affected as well. On the economic side, discrimination in employment and occupation restricts the availability or pool of workers and skills, and further isolates an employer from the whole community. Labor discrimination will eventually restrict the economic growth of the county. The lack of a climate of tolerance results in missed opportunities for development of skills and infrastructure to strengthen competitiveness in the global economy (Non-discrimination: Facts and Figures). Labor discrimination can also cause widespread economic changes, and even recession, which are marginalizing the least advanced countries and creating social tension in many countries. Socio-economic gaps are widening in countries moving towards a market economy (Non-discrimination: Facts and Figures). On the labor market side, the consequence of labor discrimination will be the decrease in labor supply in the elite labor market and an increase in labor supply in the ordinary labor market. On the wage issue, two scenario will be eminent; whether the wage in the elite labor market increases and the wage in the ordinary labor market reduces and the number of employment in the elite labor market decreases and the number of employment in the ordinary labor market increases or the wage increases in the elite labor market and remains constant in the ordinary labor market and the number of employment in the elite labor market reduces and the number of employment in the ordinary labor market remains the same but unemployment is formed in the ordinary labor market. All employee in the ordinary labor market will bear the cost of unemployment but if existing workers keep their jobs and new workers don't get hired then it is the skilled women who can no longer work in the elite labor market who will end up bearing the cost of unemployment (lecture 19: Labor markets and discrimination). Solutions/prevention of labor discrimination In general, the inequalities, which exist today, are not the result of legislation but of de facto situations and relationships between people in practice. Discrimination persists for a variety of reasons, including the slow pace of change of societal attitudes that contribute to educational, linguistic, social, and economic hurdles confronting women, minorities, and those with particular political opinions (About Human Rights in the Workplace). An ILO study of all countries with available data found that "women have to overcome more hurdles to enter the labor market than do men. In addition to the educational, institutional and cultural barriers that many women face, most women must also deal with the competing demands of household work (including childcare) (qtd. from About Human Rights in the Workplace). Race and color, national or social origin, religion, and political opinion are decisive grounds of discrimination when society is in the throes of political and economic upheaval and transformation. Sex is another ground, which is perceived differently as society evolves, and is strongly influenced by traditions and religious beliefs (About Human Rights in the Workplace). Both employer and the government should work hand in hand in order to prevent or at least minimize labor discrimination in the labor market. Every employer has a duty to accommodate when a workplace policy or procedure, which appears neutral and applies to everyone, equally, adversely affects or indirectly discriminates against an employee because of a prohibited ground of discrimination. The employer has a duty to provide alternatives for an adversely affected employee to the point of undue hardship. This duty is satisfied once the employer has canvassed all alternatives to the workplace rule for the employee (About Human Rights in the Workplace). For example, all employees may be required to pass a competency evaluation consisting of a written examination. However, a mentally disabled employee would be adversely affected by such a policy and so it will be the employer's duty to the point of undue hardship to provide an alternative means of evaluation, which will not discriminate against the employee (About Human Rights in the Workplace). In the workplace, the company should institute policies and procedures, which make qualifications, skill and experience the basis for the recruitment, placement, training and advancement of staff at all levels. The company should assign responsibility for equal employment issues at a high level, issue clear company-wide policy and procedures to guide equal employment practices, and link advancement to desired performance in this area, establish programs to promote access to skills development training and to particular occupations, ensure that employees are not discriminated in hiring, advancement, dismissal, remuneration, employment related social security and that special situations are accommodate (e.g., maternity, religious holidays, etc.), work on a case by case basis to evaluate whether a distinction is an inherent requirement of a job, and avoid systematic applications of job requirements in a way that would systematically disadvantage certain groups, keep up-to-date statistics on workforce hiring, training and promotion, disaggregated by race, religion, gender, etc. Establish or augment grievance procedures to handle complaints of discrimination (Non-discrimination: Facts and Figures). On the government side, strict implementation or law enforcement is the key in labor discrimination prevention in addition to passing of adequate labor laws. The government already passed some landmark acts that established Federal employment discrimination laws and regulations are: Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act, Equal Pay Act, Pregnancy Discrimination Act (Non-discrimination: Facts and Figures). Moreover, the community also plays an essential role in eliminating labor discrimination by encouraging and supporting local efforts to build a climate of tolerance and equal access to opportunities for occupational development, promotion, such as adult education programs and health and child care services. Additionally, to accommodate cultural traditions as necessary to ensure equal access to employment by women and minorities, and work, as appropriate, with representatives of workers or of the organizations of these workers and governmental authorities (Non-discrimination: Facts and Figures). Works Cited "Age Discrimination." 02 March 2005. The U.S. Equal Employment Opportunity Commission. 24 Nov. 2005. . "About Human Rights in the Workplace." October 14, 1999. Lawyers-BC.Com Services Ltd. 24 Nov. 2005. . Boyd, Scott. "A look at types of discrimination in the workplace." 2005. Jobseekersadvise.com. 24 Nov. 2005. . "Overview of Discrimination." 2005. msu.edu. 24 Nov. 2005. . "Disability discrimination." 02 March 2005. The U.S. Equal Employment Opportunity Commission. 24 Nov. 2005. . "Employment Discrimination Definition." 2005. Employeeissues.com. 24 Nov. 2005. < http:// employeeissues.com/discrimination.htm>. "Lecture 19: Labor Markets and Discrimination." 2005. lamar.colostate.edu. 24 Nov. 2005. . "Non-discrimination: Facts and Figures." 16 Nov. 2000. International Labour Organization. 24 Nov. 2005. . "Race/Color Discrimination." 02 March 2005. The U.S. Equal Employment Opportunity Commission. 24 Nov. 2005. . "Sex-Based Discriminationhttp." 02 March 2005. The U.S. Equal Employment Opportunity Commission. 24 Nov. 2005. . Wetherill, Ryan, Brian Jaeger, Scott Mayberry, and Steve Thompson. "Discrimination in the Workplace." Produced as part of a class assignment in CS 3604. April 1998. Department of Computer Science, Group 5: Fall 1997. 24 Nov. 2005. . Read More