...this piece of coursework I will be describing how anti-discriminatory practice is promoted in health and social care settings. I will also be discussing the difficulties that may arise when implementing anti-discriminatory practice There are many ways in which to promote anti-discriminatory practice that are effective and have minimal chance of failure, the first way is staff training. This can be effective as it gives the workers an insight in how this practice is shown and ways to identify it, it informs them of how to prevent it and stop it from happening again. Training gives them a clear structure to follow to deal with this practice and how to avoid breaking the law. Training also puts the worker in the client’s shoes and shows them the effects of discrimination in hope to deter them from doing it again. Another way health organizations promote anti-discriminatory practice is by making sure they are welcoming for everyone; they do this by commutating to people in their preferred way whether it be Arabic to sign language. If they are unable to provide this service they should find someone who can, i.e. a translator. They should also take in to consideration the different beliefs and values the service users may have, this would be beneficial as it makes the user feel valued and respected, and they are made to feel s if they are at the heart of service. For example a client who is Muslim, letting them practice their religion as it is a religious requirement to pray...
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...many laws that are governed by EEOC regulations but in this paper, I will review Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). I will apply these two laws to the Gelato company hiring practice operating out of Heartland Corners, U.S.A. With the data I have, I will evaluate if Gelato is in compliant with the Title VII of the Civil Rights Act of 1964 for hiring black and other minority groups in the local area. I will also explore their practices of hiring younger employees to determine if they are violation of the ADEA. Lastly, I will make recommendations for compliance with the Title VII of the Civil Rights Act of 1964 and ADEA if any or needed. THE ISSUE WITH GELATO Gelato is a larger cheese maker that distributes throughout the United States. Gelato is located in Heartland Corners, U.S.A. and employs approximately 200 hundred workers. Currently their employees’ racial make-up is 85 percent white and 15 percent other races. The population of Heartland Corners is 50 percent white and 25 percent African American with the other 25 percent mixed with Hispanic, Asians and other races. The question here is whether or not Gelato is violating Title VII of the Civil Rights Act of 1964 by not hiring at the 4/5th or 80 percent rules used in determining if there is adverse impact on minority groups such as blacks, women, or elderly. The 80 percent rules was originally developed in California but adopted in the 1978 Uniform...
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...announced a vacant mechanic position. Green was qualified and applied although was not hired due to his participation in blocking traffic. Green then took his case to court for violating Title VII rights. This case established the direction and structure that employment discrimination cases must adhere to the following: 1. The plaintiff (employee) must first establish a prima facie case of discrimination which he can satisfy by showing that he belongs to a racial minority; he applied and was qualified for a job the employer was trying to fill; though qualified, he was rejected; and thereafter the employer continued to seek applicants with complainant's qualifications. 2. The defendant (employer) must produce evidence of a legitimate non-discriminatory reason for its actions. If this occurs, then the presumption of discrimination...
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...The process of selecting a new employee is not easy and in fact is difficult. In order to demonstrate the correct approach in hiring a new employee and what is the incorrect way will be shown with two different cases selected. In order to reduce and minimize a company’s risk during the hiring process there are certain ways in which to handle the process. Companies want to avoid the risk of ending up in court by making the wrong choices so there are alternate solutions that will help prevent that scenario. Long and Short The first case where the proper process for a prospective new hire is used. The chosen company is the Long and Short Company that is looking for a specific person for hire that is required to adhere to a specific schedule that could end up working long hours that being a parent could limit their hours and flexibility. Long and Short made the choice to ask each perspective employee if they are a parent with children at home. The assumption could be made if this individual doesn’t get hired for the job it is solely based on the fact that they have children. This opens the company up to a huge risk of discriminatory hiring practices (Moran, 2008. Ch. 2). A company can hire without making requests that are specific such as referencing children if they are hiring for a certain position or shift. This type of information can be checked with the prospective new hire by seeing if they are available to work during those times such as nights or days of that shift. If a...
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...Internal Hiring Process Lydia Merrett American Intercontinental University MGMT 335 Lillian Lynn April 26, 2015 Hiring Process This paper will discuss company guidelines in regards to hiring internal candidates within their organization. It will disclose governmental legislation in regards to fair hiring practices. The advantages and disadvantages of the legislation and the company parameters in regards to the legislation for the company’s hiring practices. Acme Manufacturing Acme Mfg. has an open position for a District Manager and wants to fill the position with internal candidates only. The company would like for the potential candidate to have the following qualifications in order to be considered for the position. The internal candidate must have a four-year degree, advanced computer software skills, advanced spreadsheet and reporting metrics, along with previous sales and marketing experience. The internal candidate also should have been in their current position for at least a year in order to be considered for the open position. Legislation There are several laws that prohibit discrimination within the work place. Acme Mfg. must ensure that all potential candidates are treated fairly and without any prejudice in regards to race, gender, religion, and national origin. The federal laws that the company must consider and adhere to are the Civil Rights Act of 1964 (VII); this law prohibits a company to display employment discrimination based on race, color, religion...
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...Company hiring practices. Throughout this paper I fully intend on addressing whether Gelato hiring practices is in compliance with the Civil Rights Act of 1964. In this case I can understand why one might feel that these company policies could be reviewed as a discrimination against certain individuals. Gelato has decided to open their company in Heartland Corners. I’m certain that the organization considered the geographic location before creating its hiring policies. Gelato operates in Heartland Corners, a community where 75% of the white population has a high school diploma and only 25% of the minority population has a diploma. This company’s policy prohibits the hiring of any person with a high school diploma. Gelato hires for a variety of different jobs from managerial level to janitorial cleaning crew positions. We all can agree that some jobs are education driven, while others don’t necessary requires education to accurately perform the job required. This company’s hiring policy indicates that each job at their company should only be employed by individuals with a high school diploma. Now many can argue that everyone should at least have a basic high school diploma or its equivalent. Now one could say that this is not discrimination it’s just the company’s preference. Others could also say that it sends the indicator that the company is attempting to keep minorities away with their practices and requirements. . Disparate treatment is "Intentional discriminatory dealing...
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...In today’s workplace it is important to understand how making an accurate hiring decision can affect the organization. With jobs becoming increasingly difficult to arrive at because of the economy, applicants for employment are willing to misrepresent their credentials in the application process. Managers are faced with ethical and legal aspects of hiring along with social issues that make ethically responsible management practices increasingly important. This paper will provide information about ethical and legal aspects associated with hiring and provide moral and ethical issues faced by managers. This paper will also describe the relationship between social issues and ethically responsible practices that relate to hiring. Moral and Ethical Issues Many people don’t understand the cost related to making a poor hiring decision. From productivity, customer service, and liability prospective have been widely studied and has been estimated to be three times the annual salary of the individual involved (Calvasina, Calvasina, & Calvasina 2008). Therefore, it is important for managers to make their decisions of an applicant based on skills as well as moral and ethical values. It is very difficult at times for managers because their responsibilities include not only hiring, but also promotion, conduct of employees, and motivation. But it is even more important that managers involved in hiring adhere to the laws who are written to protect applicants, and that they...
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...Roppolo, a lawyer, says “I tell employers that their main focus needs to be hiring someone who can get the job done. When they want to hire to project a certain image that’s where things can get screwy.” What he is saying is that hiring people because of their looks, to project an image for your business, may not be directly illegal, but it is risky and can lead to inadvertent discrimination. He also says that he recommends just to hire ‘someone who can get the job done.’ Thus allowing for the most efficient business possible with a reduced chance of getting into legal trouble. Antonio Serrano, a former assistant store manager for Abercrombie & Fitch says, “If someone came in with a pretty face, we were told to approach them and ask them if they wanted a job. . . They thought if we had the best-looking college kids working in our store, everyone will want to shop there.” What Mr. Serrano is...
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...Fashion’s Faux Pas of Hiring for Cultural Fit 1 Fashion’s Faux Pas of Hiring for Cultural Fit Markisha B. Velazquez MGT 500 Organizational Behavior Dr. Matthew D. Kenney 4/11/2015 Kenney College Fashion’s Faux Pas of Hiring for Cultural Fit 2 Introduction With a majority of practicing fashion designers being women, and openly gay male designers at the spotlight receiving more design awards than their heterosexual peers (Stokes, 2013), you would expect the fashion industry to have exemplary diversity hiring practices. However, the fashion industry’s obsession with “fitting in” leads to managers offering jobs to candidates whose physical appearance and lifestyle embody the brand. Of course if your brand sells a certain look and lifestyle, you want your employees representing that lifestyle to eat, sleep, and dress like the brand. However, the practice of hiring for cultural fit can lead to lack of diversity and creativity and overconfidence amongst staff from groupthink. Reverse Discrimination Stokes (2013) reports that out of the 81 men included in Voguepedia’s canon, 51 are openly gay and women outnumber the fashion design labor market with 70% women to 30% men in Canada and 51.6% women in the US. Though the fashion industry disproportionately represents and even idealizes these minorities, diversity still remains an issue in many companies. The tendency to hire and ad...
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...Memorandum To: CEO, JDT2 Task 1 Toy Company From: John Doe, Elementary Division Manager Date: 2/24/2015 Re: Summary of Alleged Discriminatory Claim under Civil Rights Act of 1964, Title VII, Constructive Discharge Research A. Constructive Discharge The former employee is claiming that he was forced to resign from his position due to the fact that he must work on a religious holy day. His claim is based on the feeling that the company has purposefully made his working situation unendurable through an, alleged, discriminatory work schedule change. As referenced in an article by Alison Doyle on About.com, titled ‘What is Constructive Discharge?’, Alison defines constructive discharge as the following: Constructive discharge occurs when an employee is forced to quit because the employer has made working conditions unbearable. Unbearable conditions include discrimination or harassment, or receiving a negative change in pay or work for reasons that are not work-related. This situation could be considered constructive discharge grounded on the assertion of the former employee’s feeling that he was forced to resign because he is required to work on his religious holy day whereas he was not required to work on this day in the past. This particular action may be categorized as a violation of Title VII of the Civil Rights Act of 1964. Evidentiary fact of a possible violation include that the employee has always had weekends off of work and that was based on the old production...
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...Affirmative action plans are also implemented by organizations to meet a requirement for doing business with the federal government. An employer may also look to implement a plan to rectify past discriminatory practices. This paper will examine several of the key factors that are needed in creating an effective affirmative action plan. Before any deficiencies can be addressed a job group analysis needs to be conducted. This analysis is used to show each job classification and if it is held by a woman or minority. The objective of the analysis is to show the availability of women and minorities for a particular category. The data retrieved from the analysis will be used by the organization to identify where the underrepresentation is occurring. The data from the analysis can be compared with census data to gain a better understanding of the area’s demographic and the organization’s workforce makeup in relationship to the area’s demographic. Once a class is identified as being underrepresented steps can be taken to fill vacancies in that classification with individuals from the protected classes. An affirmative action program is justified if an employer can show a disproportion in a job classification that has previously been segregated (Eisaguirre, 1999, p. 84). Recruiting practices must be examined to show that they demonstrate fairness and equal accessibility. Use of an online recruiting website that requires all applicants to apply via the site will demonstrate equitable...
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...Sexual Harassment Defenses against Discrimination Allegations The Central Role of Adverse Impact Bona Fide Occupational Qualification Business Necessity Recruitment Word of Mouth Misleading Information Help Wanted Ads Selection Standards Educational Requirements Tests Preference to Relatives Height, Weight, and Physical Characteristics Arrest Records Application Forms Discharge Due to Garnishment Sample Discriminatory Promotion, Transfer, & Layoff Practices Personal Appearance Regulations and Title VII The EEOC Enforcement Process Voluntary Mediation Mandatory Arbitration of Discrimination Claims Diversity Management Potential Threats to Diversity Some Diversity Benefits Managing Diversity Implementing the Affirmative Action Program Reverse Discrimination In Brief: This chapter gives a history of equal opportunity legislation, outlines defenses against discrimination allegations, gives examples of discriminatory practices, describes the EEOC enforcement process, and suggests proactive programs. Interesting Issues: Affirmative action...
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...retail buyer in the private sector and has been with the company for six months? Brief Answer: A court is likely to rule that Mrs. Pitman has been discriminated against under Title VII. Mrs. Pitman is able to prove each of the four elements of the test set out in Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (1981). This test known as the McDonnell Douglass test is met when Mrs. Pitman shows that: (1) she belongs to a protected class; (2) she applied and was qualified for the job; (3) despite her being qualified she was rejected; (4) after the rejection the position remained open and employer continued to seek applicannot s. Mrs. Pitman is also able to provide statistical evidence of discrimination and evidence of discriminatory attitudes. Facts: Our client, Jenna Pitman, is seeking to file suit against J. Montgomery for a claim of racial discrimination under Title VII. The allegation stems from a denial of Mrs. Pitman's application for a promotion by J. Montgomery. The Application was submitted in response to a job announcement the company released on February 19, 2000 which read: "J. Montgomery seeks an energetic self-starter to fill the role of Senior Control Buyer in the Marketing Division located within our West Mifflin headquarters. The person hired should possess the requisite education and experience necessary to develop, articulate and...
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...employment, what could await them within their workplace once they begin working. The statistical data collected and compiled within this literature review will attempt to support and prove that discrimination still exists today. The laws and regulations enacted within the United States to protect employees from the discriminatory practices of employers and whether they are adequately enforced will be discussed at length. Introduction There are thousands of discriminatory cases each year brought against corporations and employers by their employees and/or formal employees. The discrimination against individuals on the basis of gender is most prominent within the employment process, but also exists in the workplace after the acceptance of employment. Gender has been the subject of workplace discrimination and litigation for many years and recent data indicates that this trend is continuing. These types of discrimination are spread widely to include the assignment of roles, responsibilities, pay rates, and promotions just to name a few. The laws that were enacted in the U.S. in an attempt to discourage employers from participating in these types of discriminatory practices came about with the establishment of the Equal Employment Opportunity Commission (EEOC). The purpose of the EEOC is to enforce the laws and investigate allegations pertaining to...
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... * _________________ COUNSEL ARGUED: Edwin W. Small, TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellant. Debra A. Wall, Clarksville, Tennessee, for Appellee. ON BRIEF: Edwin W. Small, John E. Slater, TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellant. Debra A. Wall, Clarksville, Tennessee, for Appellee. _________________ OPINION _________________ BOYCE F. MARTIN, JR., Circuit Judge. David Dunlap brought suit under Title VII of the Civil Rights Act of 1964, alleging racial discrimination by the Tennessee Valley Authority. The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that the TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black job applicants. The TVA now appeals, arguing that the district court erred in each of these analyses. We find that although the district court was correct in finding disparate treatment, the proof was insufficient for a finding of disparate impact. We therefore AFFIRM on the disparate treatment claim, REVERSE on the disparate impact...
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