...become clear. The laws governing businesses of different sizes can greatly vary due to the potential impact that laws can have on smaller businesses. The EEOC defines a small business as one that has 500 or less employees. However, the resources of a company with 400 employees has access to can greatly differ from a company that has ten. The Regulatory Flexibility Act (RFA) allows agencies to potentially scale back certain regulatory rules in certain situations to protect small businesses from being devastated by laws that large businesses would have to abide by. According to the EEOC website, the RFA “requires agencies to consider the impact of their rules on small entities and to evaluate alternatives that would accomplish the objectives of the rule without unduly burdening small entities when the rules impose a significant economic impact on a substantial number of small entities. Inherent in the RFA is Congress' desire to remove barriers to competition and encourage agencies to consider ways of tailoring regulations to the size of the regulated entities.” What this basically means is that agencies can tailor their rules regarding equal opportunity employment so that the laws governing will not economically cripple a small business. In cases like these, the RFA comes into play. According to the EEOC, only businesses employed by more than fifteen people for at least twenty weeks in a calendar year are subject to the general coverage of the EEOC in relation to race, sex and/or...
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...resources to job seekers and employees with potential issues, but also helping businesses and their owners in knowing the best practices they can work toward to achieve a compliant and well-run organization without discrimination. That alone helps to proactively work toward resolutions of problems, rather than just setting up employees with sufficient defense mechanisms while never addressing the roots of any issues that arise. Quick links do help employees to find the best path to solve any problems they are having, but the website puts an emphasis to help clear up the picture for any person seeking information. The “employers” tab breaks down discrimination by type, talks about prohibitive practices, and even provides means for training to be better compliant under EEOC standards. The website also addresses current events and issues that people may be seeking based on current trends. The main scrolling image contains news story links as well as a link front and center for an article titled “The EEOC and the Enforcement Protections for LGBT Workers.” Such an article may not have been as relevant or sought after a decade ago, but recent societal movements definitely create necessity to review laws in place that affect different cultures and people. In the question-and-answer portion of the EEOC website that applies to small businesses, the second paragraph states that the laws dictated and upheld by the EEOC as a whole apply only to “private employers, state and local government...
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...of discrimination to others has taken place from either the workforce or outside world. With the importance of a career being so crucial to life, good thing at the least the people have the US equal employment opportunity commission behind their back. The Equal Employment Opportunity Commission (EEOC) was produced to enforce federal laws to protect the people from discrimination based on their personal or physical qualities instead of the content of their mind and the relevance of it to the job at hand. Discrimination can be based on race, sex, color, age, religion, disability and so much more. According to the EEOC.GOV the EEOC protects the following federal laws: "Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Equal Pay Act, titles I and V of the Americans with Disability Act, and title II of the Genetic Information Nondiscrimination Act of 2008." Recently the EEOC hit BMW with a huge discrimination lawsuit. EEOC filed suit alleging that one of the BMW facilities in South Carolina revised its criminal background check policy that had an outstanding impact on African Americas. Outstanding usually sounds like a great thing, but according to the EEOC the result of this new policy lead to the release of "645 experienced employees, 88 were denied retire, including 70 blacks, the commission claims. That means 80% of those turned away were black, despite blacks constituting only 55% of employees." With that being said, BMW violated the Title VII...
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...Is there anything on this site that surprised you in the EEOC website? US equal employment opportunity commission is the federal run government commission which entitled look for any illegal discriminate against the job applicant or employee with relations to sex, color, race and age. The people who break these laws will be prosecuted in the federal court and may be fined or jail terms depending upon the law and type of discrimination. The main thing I got surprised while referring to EEOC website is the way these federal commission working to avoid the human trafficking in the United States. This commission works directly with the major investigations groups like FBI and CIA to avoid any human trafficking. In recent news referred from the site has arrested the group of people who were involved in the human trafficking in which almost 200 humans are treated as slaves and worked under these groups. I really appreciate the person who were able to arrest these groups and helps the poor and innocent people by giving the freedom or transporting to the home nations. (EEOC, 2015) Why are small businesses treated differently than large businesses? Small business is the business which are owned independently and operated for low amount of organized profits and it’s not dominant for particular field. The US small business administration has divided the business according to the type of industry, size of the infrastructure, average number of employees working in the business or company...
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...workplace discrimination claims based on race filed at the Equal Employment Opportunity Commission (EEOC) have reached record highs within the last three years. In 2010 alone, there were 93,727 charges reported to the EEOC . This article will review current law regarding discrimination by employers. It will determine if these laws are effectively preventing or reducing discrimination in the workplace. Finally, this article will explore what changes, if any, should be made to the law. I. Relevant Law Title VII of the Civil Rights Act of 1964 is intended to make illegal discrimination by an employer based on race, color, sex, religion, or national origin. Title VII applies to employers who have at least fifteen employees. Originally, the minimum was twenty-five employees until the Equal Opportunity Act of 1972 reduced the number to fifteen. The most recent modifier of Title VII is the Civil Rights Act of 1991 which kept the employee minimum at fifteen but allowed for monetary damage awards for victims of discrimination. The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing Title VII. Title VII also says that equal employment opportunity cannot be denied because of marriage to or association with an individual of a different race, association with ethnic based organizations, or other cultural practices linked to race. A. What is discrimination? The EEOC defines discrimination as an employer using intentional acts...
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...Abstract This paper will define the topic definition and will indicate a couple of scenarios and cases that relate to this topic. It will indicate what goes into a background check and what the pros and cons are. I will inform my readers what I learned and the conclusion of my paper. Topic I just went in for an interview at a prestigious company that I have been dreaming of working at for many years and they said the job is mine if everything clears with my background check. Background check? As I walk out of the building I cannot help but wonder what they might find that may be detrimental to my opportunity to get this job. Questions start flying through my mind as my heart begins to race. What might they find from my past jobs? What are they trying to find? Who will they talk to? I have never stolen anything from my past jobs, embezzled or any of that sort. Or, do they not have limitations on how far back they will look. Will they find out I stole that one pack of bubble gum when I was 6 years old or when I was an accessory to changing price tags on bed sheets at Ross? Will they find out I worked at that company and did not put that on my resume as I only worked there for only a month? Should I go back in and confess all my wrong doings? Or, am I just overreacting? As I’m getting into my car I decided that I was being irrational and should just wait until I get a call back from the company. All I can really do is just wait, or do some amateur...
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...basis of race, color, sex, religion and national origin. However when the judicial system has examined English only workplace policies in light of Title VII, it has generally determined that such policies are not discriminatory if an employee is able to speak English. Although plaintiffs have argued that language is inextricably linked to national origin and cultural identity, the courts have stated that the use of a language other than English is detrimental to the morale of monolingual English speakers and a single language is necessary to ensure workplace harmony and proper management. This paper examines the court cases where English Only workplace policies have been challenged, and identifies the prevalent myths and ideologies held by businesses and the courts about language use, identity, and bilingual speakers. Through the process of homogeneism, linguistic diversity is rejected as monolingual English speakers are able to create and enforce rules that favor themselves as they construct the identity of “American” in their own image. Language is a central feature of human identity. When we hear someone speak, we immediately make guesses about gender, education level, age, profession, and place of origin. Beyond this individual matter, a language is a powerful symbol of national and ethnic identity. (Spolsky, 1999, p. 181) INTRODUCTION Language—both code and content—is a complicated dance between internal and external interpretations of our identity. Within each community...
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...coverage to employees. For small business owners operating on limited budgets, these increases are even more significant. The passage of the Affordable Care Act (ACA) creates additional responsibilities for employers regarding the minimum requirements and pricing of insurance plans for employees. Employers make difficult decisions to determine how to continue to provide health insurance at a fair and reasonable price, without harming the small business. The case study by Spencer (2014) examines the options of small business owners, John and Liza, faced with a 25% increase in health insurance rates. Once it is determined that the increase is due to the age and health status of several employees, the owner must decide whether to penalize certain employees with increased contributions, or have all workers absorb the added costs equally. In addition, there is concern that hiring a potential new employee, Robert, will increase insurance rates even further due to the pre-existing health condition of his spouse. It is challenging to select an option that has a fair and balanced impact on the company and its employees. While financially it is easiest for the company to have each employee absorb the cost of the premium increase, this is not a fair option if premium increases for all are due to the lifestyle factors of a small representation. There is an increased risk of turnover with a substantial rise in employee premium portions, as well as a negative impact on morale and recruitment...
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...followed by the business, it can lead to various penalties. There will be three employment acts that I will give you some insight on in the memo. They are as follows: The Occupational Safety and Health Act, The Age Discrimination in Employment Act of 1967, and Fair Labor Standards Act (FLSA). Understanding the acts and how they how are important part to your business venture to keep you from being penalized for not being in compliances with then will hurt you and the company’s reputation. The Occupational Safety and Health Act is administered by the Occupational Safety and Health Administration (OSHA). The Occupational Safety and Health Act is ordered by the Occupational Safety and Health Administration (OSHA). The law was ratified to that businesses provides organizations with a harmless and vigorous work atmosphere. “Every employer covered by the Occupational Safety and Health Administration (OSHA) who has more than 10 employees, except for employers in certain low-hazard industries in the retail, finance, insurance, real estate, and service sectors, must maintain specific records of job related injuries and illnesses” (Department of Labor, 2013). The act prevents workers from being killed or seriously injured while in the workplace. Workers may fall a complaint if they deem that the working condition of...
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...Case Study Analysis XXXXXXXXXXXXXXXX HRM/552 Organizational Training and Development MBAX1CGU82 Sherri Johnson Workshop 2 May 26, 2014 Case Study Analysis The purpose of this paper is to review and select the case studies in Ch. 2 of Human Resource Management. The author will explain and summarize University of California Regents vs. Bakke case summary, the court’s ruling, how the court’s ruling may possibly impact the organization and for businesses in general, legal precedence the ruling sets for most businesses, and the role the federal enforcement agency plays in ensuring the organization’s compliance to regulation standards. Case Summary The University of California at Davis developed and implemented a special admissions program to increase enrollment of “disadvantaged” applicants, which meant minority students. The number of minority students increased. The special admissions goal was to fill 16 of the 100 positions with “disadvantaged” applicants whom would be selected by a special admissions committee. Allan Bakke, a Caucasian male, was denied admission to the school twice. Bakke brought a suit against the university on the grounds of Civil Rights Act violation and reverse discrimination, alleging preferential treatment of one group (minority or female) over another group opposed to equal opportunity (Byars & Rue, 2008). Court’s ruling The Supreme Court ruled in a five-to-four decision in favor of Allan Bakke and deemed the schools admissions...
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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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...Final Research Paper Global organizations are recovering from the 2008 financial crisis and are repositioning themselves for aggressive growth. As the economy recovers, organizations worldwide realize the need for highly connected, ambitious and valuable contributors forcing companies to develop innovative ideas and find human capital to develop capabilities and share expertise. Globalization has changed the face of 21st century workforce. In today's fast paced and growing economy, there is an exponential increase of cultural diversity within big businesses and corporations. There is an opportunity to "achieve higher levels of productivity and extraordinary performance" (Nykiel) for large corporations with a multicultural workforce. At the same time, it may also "be more challenging in a multicultural work and managerial environment" (Nykiel). Workforce Diversity Statistics The term "multicultural workforce" which represents the personal characteristics of employees in an organization is today superseded and replaced by a much broader term, "cultural diversity". Diversity refers to the way organizations respond to a multicultural workforce. The strategy in large organizations is to leverage differences in employees to increase creativity and have a competitive advantage in a fierce market. In the 2014 survey conducted by Diversity Inc; which is the leading publication for the education and benefits of large organizations, 1215 companies participated in an empirically...
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...Issue: Under Title VII of the Civil Rights Act of 1964 can an employee who is African American demonstrate that her employer discriminated against her by failing to promote her to the position of senior control buyer, where she has seven years of experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience as a 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...
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...Human Resource Management (HRM) XXXXXXXX BUS303: Human Resources Management Instructor: Conni Whitten September 7, 2014 Throughout history Human resource management (HRM) has had many very different job descriptions. The main purpose for Human resource management is managing people within an organization with a very thorough and structured process. HRM, complex as it is, is constantly evolving with the ever changing times every businesses faces. “The goal of HRM is to maximize the productivity of an organization by optimizing the effectiveness of its employees while simultaneously improving the work life of employees and treating employees as valuable resources,” according to reference to business. Within this paper many areas of Human Resource management such as the EEO and affirmative action, the planning and recruitment process, the selection and development process, the compensation and benefits process, the safety, health, and employee and labor relations will be examined. Every business big or small should have long and short term goals and a strategic plan to achieve those goals in order to increase the market value of that organization. When you speak of HRM, you speak of people, every business has to have people, and having a well-developed HRM department will allow the business to gain their employment, develop their skills, and keep them motivated and happy while working for the organization. Listed below are the major everyday strategic HRM...
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...Running head: AFFIRMATIVE ACTION Affirmative Action Paper Cesar Petit-Dieu University of Phoenix MGT/434 May 4, 2010 Instructor: Eleanor T. Lawrence, DBA & PsyD Affirmative Action Paper This Paper explain the fundamentals of Affirmative Action as it applies to public sector and private sector employers, and how it interacts with Title VII requirements of Equal Employment Opportunity. It addresses the following: a. What employers are subject to affirmative action plans and why? b. What do the plans require employers to do? c. What happens if employers do not meet the goals of the affirmative action plan? Affirmative Action Programs Voluntary Affirmative Action Plan Implementation Affirmative action programs are intended to positively structure the behavior of both private sector and public sector employees. Some laws may apply to just private employers, while others may apply to educational institutions, employment agencies and public sector employees. Still, the laws do take into account how many employees are working at a company, and how many employees are in each location. Even so, companies of every size should make an ethical effort to avoid discrimination. “An affirmative action plan consists of statistical analysis of the employer's under utilization of individuals from certain protected classes and includes the steps that will be taken to improve their representation in...
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