...1964. Affirmative action plan can be defined as plan that outlines the hiring and development policies such as recruitment, training, promotion and evaluations for employees belonging to for the minority or the protected groups within the organization. On the staffing plan highlights the hiring and selection policies for all the employees across the organization without any exceptions. The ethical dilemma faced by organizations who opt for affirmative action plan, is that, they might face possibility that a person belonging to the minority maybe unjustifiably benefitted even though the does not deserve it in actual fact. On the other hand people belonging to the typical category might find this distinction unfair and this might become a major demotivating factor for them having a negative impact on their overall satisfaction levels. Therefore it is evident though the basis and logic of framing an affirmative action plan is sound, but the organization has to be extremely careful during its implementation and administration to avoid feelings of discomfort and dissatisfaction among its employees. In 1972 The Equal Employment Opportunity Act was implemented. This applies to all employers, both public and private, with fifteen or more employees; it prohibits all forms of discrimination based on race, color, sex, religion, or national origin. One of the most important sections of the act prohibits discrimination in employment. By the late 1960’s and early 1970’s, companies contracting...
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...The Age Discrimination Act of 1967 or ADEA is a federal law that protects employees 40 years and over from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms of employment. This means that any employer who is hiring, firing, or promoting can not deny a job opportunity, job you’re currently at, or job position based on the fact of your age. It protects employees in the workplace from potential and future workplace misconduct from employers. Furthermore, the need for the Age Discrimination Act of 1967 was created to promote employment of older persons based on their overall ability rather than age. It was also created to help employers and other workers find ways of facing problems due to the impact of...
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...under Federal law from discrimination on the following bases: � RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe beneits, job training, classiication, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship. DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualiied individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe beneits, job training, classiication, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualiied individual with a disability who is an applicant or employee, barring undue hardship. AGE The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe beneits, job training, classiication, referral, and other aspects of employment. SEX (WAGES) In addition to sex discrimination prohibited by Title VII...
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...Renee Thompson Employment Law PA402-01 June 19, 2012 MEMORANDUM TO: Professor Scott Pearce FROM: Renee Thompson DATE: June 19, 2012 RE: Ima Shewin: Analysis of Workplace Discrimination and Harassment ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬______________________________________________________________________________ ISSUE Proving discrimination can be difficult and cases must pass a prima facie to determine if there is enough evidence to proceed with a charge of discrimination. Ensuring that one has all of the necessary facts that may be pertinent in a discrimination case is important. In the case of Ima Shewin, she feels as if she has been discriminated against as she has been passed over for several promotions. There are facts that support her argument however the employer may find ways to dispute the claims that have been made. BRIEF ANSWER There is evidence that supports Ima Shewin’s discrimination and harassment claims and there are laws enforced by the Equal Employment Opportunity Commission (EEOC) that prohibit discrimination that has come to light in the case of Ima Shewin. Did Arthur King discriminate against Mrs. Shewin and engage in age discrimination practices that violated the Age Discrimination in Employment Act (ADEA) laws, discriminate based on race and gender, as well as promote a workplace that engaged in sexual harassment practices that created a hostile work environment? These questions must be answered to determine if there is a valid...
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...PROBLEM Discrimination is distinct from racial prejudice (attitudes), racial stereotypes (beliefs), and racism (ideologies) that may also be associated with racial disadvantages (Quillian 2006). As the diversity of the American workforce increase, organizational researchers have been increasingly interested in issues of discrimination and prejudice on the job. (e.g. Dovidio and Gaertner, 2000; Frazer and Wiersma, 2001; Trentham and Larwood, 1998). The workplace increasingly is more diverse than ever before. For decades African Americans, women, and many minorities were excluded from participating in most of the desirable jobs and institutions. Even when declared unconstitutional, the discrimination against minority groups often persisted (Beauchamp & Bowie, 1993). Although some work organizations are making progress in their efforts to combat discrimination, African Americans particularly still face a series of unique problems imposed on them through the complex interactions of racially motivated negative attitudes and actions of individual and organizational policies and practices not encountered by Caucasians (Chima, 1999; Stromen & Seltzer, 1991). Some of the major problems African Americans face include: employment process biases, channeling into "minority" positions, lack of access to network and mentors, promotion and advancement difficulties, and emotional and psychological maltreatment (Queralt, 1996). Attributes characteristics such as “lazy” and “unreliable”...
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...Gender Discrimination Gender discrimination often occurs in the workplace. It involves actions or statements that take place against an individual because of their gender. Individuals are protected against discrimination by state and federal laws. Title VII of the Civil Rights Act of 1964 sets regulations for employers so that decisions made in the workplace are not based on race, skin, color, age, gender, religion, or national belief (expertlaw.com). Decisions such as hiring, promotions, or job assignments are to be non-bias and based off employees ability. Gender discrimination within the workplace can have a negative affect on the workplace environment. It interferes with the quality of learning, performance, and other activities of the job. Allowing gender discrimination can cause low morale and self esteem for a person, which can have a negative impact on career advancement within the company or promotions (www.amwa-doc.org). Within the workplace federal and state law prohibits any behaviors or conduct by an employer that can be recognized as discrimination. It is illegal for employers to exclude people of a particular gender from positions, which they are qualified for and only hiring a one gender for a particular job is illegal. An example of this would be only hiring female for a secretarial position or refusing to hire a man for a daycare position (www.expertlaw.com). By federal law employers are to have a non discrimination policy and complaint procedures. When...
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...Gale Encyclopedia of Small Business: Racial Discrimination http://civilliberty.about.com/od/raceequalopportunity/tp/Racial-Discrimination.htm Racial discrimination is the practice of letting a person's race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. It most often affects minority individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred—that is, the minority received unfairly favorable treatment at the expense of the white individual. Court rulings handed down through the years have determined that a company's responsibility not to discriminate based on race begins even before an individual is hired. Companies can be held liable if pre-employment screening or testing is determined to be discriminatory, if applications ask unacceptable questions designed to screen for race, or if the overall selection process is deemed to be unfair. One of the main indicators that racial discrimination has occurred in the hiring process involves the qualifications of the job applicants. While a slight difference in qualifications between a minority and nonminority candidate do not automatically indicate racial bias (if the lesser qualified nonminority candidate is hired over the minority candidate), a drastic difference in qualifications has almost always been upheld...
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...develop recommendations for changes. The study determined that racial turmoil was generated within the department because of affirmative action polices that placed hiring and promotion quotas on the department and the ongoing associated legal litigation. The recommended changes from the study are to develop internal anti-discrimination policy and race relations educational programs, development of a fire fighters academy, and adding performance values to promotions. Department morale, teamwork, and proficiency are expected to improve with the implementation of the recommendations. Affirmative Action in Birmingham, Alabama I am the new chief of the Birmingham, Alabama fire department. My first challenge within the department is to review current hiring and training practices, and to implement changes that will improve employee morale and department efficiency. I reviewed the past history of the department and discovered that employee proficiency; inter-relations and morale had steadily declined during the past four years from affirmative action issues. The specific issues were about racial inequality with past hiring practices, and the use of racial quotas for hiring and promotions to make up for past injustices. A review of the city’s history revealed that past practices in discriminative hiring and racial inequality against blacks went back to 1872, when Birmingham was founded as an industrial center. This came to a head in the early sixties...
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...Employee Selection and Training Industrial/organizational psychology plays an important role in selecting and training employees. I/O psychology works to improve the efficiency of organizations. One way that I/O psychology does this is during the hiring process. I/O psychologists begin the hiring process by reviewing the number of people needed for that specific job. Some tests I/O psychologists design assist in the recruitment process. For example a typing test may be created to make sure the person has the ability to type at a certain WPM without error. Tests like these help to sort through candidates so time and resources are not wasted interviewing unqualified individuals. I/O psychology is also used in training programs to assist in making the programs efficient. It is important to have a way to measure the success in training programs. Legal and ethical concerns are important in the hiring and training process to protect organizations and maximize their efficiency. Methods To Measure Success In Training Programs Ways or methods that are used in measuring the success of training programs include “forecasting and measuring costs, forecasting and measuring benefits, calculating return on investment, and making ROI (return on investment) work for you” ( ,1999). When it comes to forecasting and measuring costs, one must consider eight things. These include “design and development cost, promotional costs, administration costs and faculty costs” ( , 1999). Other considerations...
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...Introduction Discrimination and prejudice has gradually become one of the major impacts and burdens in the workplace and all over the world. Research shows that both have existed for thousands of years and have been transmitted throughout generations. There are many phases to prejudice and discrimination and over time each has become more sophisticated. Even today, it is hard to believe that in some individuals mindsets they feel that are not prejudice nor have they ever discriminated against someone. People suffer through discrimination because they have differences amongst one another: different beliefs, different cultures, and different skin color. For this paper, I will discuss prejudice and discrimination, some characteristics of both and why individuals still suffer from prejudice and discrimination today. What is prejudice? If an individual stated that he/she didn’t like a certain color or a certain type of food would that be considered prejudice, however if the same person stated he/she didn’t like the color black because made them feel sad would that be considered a prejudice? Prejudice is an internal entity, a product of experience, an emotion felt or a belief structure. Prejudice is a set of factors that can cause an individual to develop a conclusion which favors one person to another. It could be a positive or negative judgment about someone or something based on pure feeling alone. Prejudice is a pre-judgment about someone or something based on the individual...
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...Dear Mr. Smiles: After reviewing your company’s current situation I have found that The Lemon Tree has violated certain aspects of Title VII of The Civil Rights Act of 1964. These aspects are Sex-Based Discrimination. • As defined by the EEOC Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex. Sex Discrimination & Work Situations • The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Mary being Jackie’s supervisor openly opposed Jackie’s decision to have a sex change. This ultimately caused Jackie to feel discriminated against when she was passed over for promotions. Mary openly expressed negative remarks to you about Jackie that supports her claim that sex discrimination exists. 2.) Mary implied that Jackie goes both ways in her personal life, and said “why wouldn’t he in his ethical life”. Jackie’s sex change cannot be used to question Jackie credibility because it does not prove that he/she is unethical. However, shows that Mary has a problem with Jackie’s sex change. If we were able to use something of this nature we could prove that Jackie is conflicted and The Lemon Tree does not know where her/his loyalties lie, unfortunately we can’t. Peter Dragons credibility can be questioned because of his past drug use. While Peter passed 3 out...
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...become. Throughout history in law enforcement all policemen were white, and especially no police women. Before the 1960s police departments were guilty of employment discrimination by not hiring minorities and women. Police departments also required applicants to be a certain height to keep minorities from applying and didn’t hire nonwhites (cliffnotes.com, 2011). One of the first African Americans to be hired in the United States as police officer was in Jackson Tennessee in 1960. When James Cherry was hired as a police he was sure he would not be welcomed by the white community, but instead he was rejected by the black community. Although James Cherry was a police officer he still had to follow the segregation rules (Morris, 2003). The first woman police officer was discovered to be in Chicago. According to Feminist Majority Foundation women were often hired to protect and supervise other women and juveniles. In 1893 Mary Owens was the first woman to be hired by the Chicago Police Department as a police officer. After World War II, the hiring of women as police officers doubled. In the 1960s women were allowed to expand their abilities having proved themselves to be equal to the men to go out on patrol (womenandpolicing.org, 2009). Because of the hiring issues of race and gender by police departments, the hiring process began to change and police...
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...planning process. Diversity and ethics are buzzwords and are used frequently around the workplace. There are areas within both where making small changes could result in large benefits for the company’s HR strategic planning process. These considerations are important for the strategic plan because they encourage a positive company culture and decrease legal risks that could otherwise result in the demise of the company. Diversity As a restaurant and bar located in the middle of a military-base town, our personnel records indicate management has been hiring primarily a specific demographic type (women ages 18-30). Management has hired this demographic type over other demographic types more qualified. Even in an effort to appeal to specific customers, this bias can come off as discriminative and reflect negatively on the company. Two areas in need of consideration are appearance-based discrimination and age-based discrimination. ABC Restaurant & Pub, unlike Hooters or certain other establishments, is not protected with a bona-fide occupational qualification defense (BFOQ). Even though our company has not been presented with a legal issue in this regard it does not mean we are not vulnerable. It is in the best interest of our strategic HRM...
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...Running Head: RELIGIOUS DISCRIMINATION IN HIRING Religious Discrimination in Hiring Religious Discrimination in Hiring The initial concept for this paper was to research and examine reverse discrimination in hiring practices by businesses owned by members of the Church of Jesus Christ of Latter-day Saints (LDS) in Utah County. I was trying to find research regarding LDS member owned businesses and preferential treatment to other LDS members when hiring. Through the process of this research I realized that my question was skewed, it wasn’t reverse discrimination at all. The population of Utah County consists of 97.5% members of the LDS church, and 88.7% of the population adheres to the LDS church (The Association of Religion Data Archives, 2010). In this context I will examine the preferential hiring practices of adherent religious member owned businesses when recruiting potential employees. Religion is a protected class, and discrimination of a protected class is a primary concern for the human resource industry. The importance of discrimination laws to human resources comes from a number of reasons: Out of motives ranging from concern for fairness to the desire to avoid costly lawsuits and settlements, most companies recognize the importance of complying with these laws. Often, management depends on the expertise of human resource professionals to help in identifying how to comply. (Noe, Hollenbeck, Gerhart, & Wright, 2011, pp. 72-73) A company found in violation...
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...Affirmative Action Marlene S. Smith MGT/434 October 28, 2013 Thomas Affirmative Action Affirmative action is an action that was purposefully designed to provide full and equal opportunities for employment and education for women, minorities, and other individuals belonging to disadvantaged groups. This paper will assess the rudiments of Affirmative Action as it applies to public and private sector employers. The paper will also evaluate what employers are subject to affirmative action plans, what the plans require employers to do, and what happens if employers do not meet the objectives of the affirmative action plan. Affirmative action has been around for many years. Fullinwinder (2009), “Affirmative action means positive steps taken to increase the representation of women and minorities in the areas of employment, education, and business from which they have been historically excluded” (para. 1). When an employer uses preferential treatment to choose a candidate that the company should hire based on race, gender, or ethnicity affirmative action generates disagreement. Most individuals think issues that are mounted by affirmative action derive from the issue of race. Please remember that affirmative action does not apply to all employers. In fact affirmative action applies to organization or companies that employ 50 or more employees who have contracts with the federal government. These companies or organizations have to support the government with goods or services...
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