...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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...Discrimination in Promotions and Hiring MGMT335-01 AIU Abstract A vacancy within Technology, Inc. needs to be filled; HR has decided to fill this position internally. The position requires that the candidate have certain education and experience. The duties of the position and the means to apply for the position have already been put in place as well as the deadline. This paper will discuss legislations for discrimination in promotion and hiring. It will also discuss the advantages and disadvantages of the legislations. Discrimination in Promotions and Hiring What is discrimination? Discrimination is defined treatment in favor or against a person based on the group, class, or category that the person belongs to rather than individual merit (Discrimination, 2012). Discrimination can be seen as far back as the beginning of time, and is a thorn in United States history. In US history there were segregated schools, bathrooms, and everything else. Segregation was abolished and other laws had to be passes before the US become like it is today. Voting was restricted to only white men, but laws were passed for everyone to be equal. Many things have changed throughout the years, including working environments. There are laws to protect potential or current employees from being discrimination against. Laws that protect employees from discrimination are the employment discrimination laws. These laws protect the age, race, gender, sexual orientation, disability, and religion...
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...Affirmative Action BSHS/422 Critique of ADA and Affirmative Action Paper Discrimination in the workplace has been an issue for as long as I can remember. Although the Civil Rights Act of 1964 forbids employers from discriminating against individuals because of their race, sex, age, and/or disability, many employers still exhibited this type of behavior during the hiring process. President Lyndon B. Johnson enacted an executive order that required government employers to not use hiring practices that exhibited discrimination in 1965. The American Disabilities Act (ADA) was put into place years later to protect those with disabilities. All of these were efforts to promote equality in the workplace, among other places; although the laws may protect certain individuals from discrimination, others may be discriminated against as a result. The paper’s intent is to provide insight regarding my feelings towards the American Disabilities Act (ADA) and Affirmative Action. What is sometimes meant for good can also result in something bad. American Disabilities Act (ADA) President George H.W. Bush signed the American Disabilities Act (also referred to as ADA) in 1990. The ADA intended purpose was to protect those with disabilities from discrimination in transportation, employment, communication, and different cultural opportunities. Under this law, employers are forbid to discriminate in many different areas such as hiring, lay-offs, and job assignments because of one’s disability. Disability...
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...Hiring Ethical and Legal Implications Hiring Ethical and Legal Implications Every business has the potential to succeed; however, many do not. The ability to hire and retain high-quality employees is one cornerstone to maintaining a successful business. The hiring process has many legal and ethical pitfalls that managers must avoid during their selection process. In addition to the moral quandaries managers face, their hiring decisions also have vast social implications. Hiring managers must make decisions without prejudice, discrimination, or stereotyping the candidate. Often the ethical dilemmas that present themselves are not obvious examples of prejudice or bias. A hiring manager must be able to recognize the potential for discrimination or bias and resist making decisions are unethical or morally unjust. Legal Issues The federal government prohibits several hiring practices. The Civil Rights act of 1964 “prohibits employment discrimination based on race, color, religion, sex, or national origin” (“Federal laws“, 2009, para. 1). Hiring managers cannot discriminate by age according to the Age Discrimination Act of 1963 (“Federal Laws“, 2009). In addition to those prominent acts, employers are also federally prohibited to discriminate against individuals with disabilities and based on genetic information (“Federal Laws“, 2009). Employers are also prohibited from choosing candidates based on their “birthplace, ancestry, culture, or linguistic characteristics...
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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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...relates to discrimination and sexual harassment. Discrimination and sexual harassment are two very hot topics that are indicative of bias in the hiring process and an environment of hostility and offensiveness in the workplace. It is unlawful to discriminate against an applicant and with anti-discrimination legislation in place; the employment recruitment and selection can only be based on the potential candidate's ability to perform assigned tasks. Attributes such as the level of experience, degree of education, and the quality of skills should be the only factors of consideration with no regard to disability, age, ethnicity, gender, or other distinguishing characteristics of the applicant ("Discrimination in the Selection Process”). Sexual harassment in the workplace can come in form of sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. There are two types of sexual behaviors that are unlawful: quid pro quo sexual harassment and hostile-environment sexual harassment. Quid pro quo sexual harassment happens when an individual's submission or rejection of sexual advances is used as the basis for employment decisions or as a term or condition of employment (“Sexual Harassment”). Hostile environment sexual harassment occurs happens when there is unwelcome sexual conduct that interferes with an individual's job performance and creates a hostile, intimidating or offensive work environment. Discrimination Anti-discrimination legislation...
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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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...Anti-discrimination Laws Related to Employment BUS 670 Legal Environment February 17, 2014 Anti-discrimination Laws Related to Employment An important task that leaders face is attracting and recruiting employees that are top level performers. Most companies still post bland, uninteresting job descriptions, crossing their fingers in hope that they will find the ideal individual who is an organizational fit. In addition, the most shocking aspect of this is that most business leaders focus their resources and efforts going after the 17% of candidates who are actively seeking employment, yet desire to employ the 83% who are not looking for work (Adler, 2013). Employers want to hire top performers, but most are not cognizant of doing so in effective ways and avoid violating anti-discrimination and other significant employment laws. For example, Adler (2013) informs that there are a variety of reasons that hiring managers have a hard time finding the best recruits, including that: employers depend on a surplus of candidates during the hiring process, but seek them in a talent scarce environment; candidates do not know how to engage in the hiring game; and few hiring managers take responsibility for attracting quality candidates because they are focused on attracting quantity, hoping to discover that diamond in the rough. These are all significant issues that need to be addressed, dissected,...
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...action policies and programs still necessary in this day and age, even if it creates reverse discrimination? One of the country’s top debated issues is affirmative action. Affirmative Action came about when President John F. Kennedy signed Executive Order 10925 that created the President’s Committee on Equal Employment Opportunity whose purpose was to ensure all employees are treated fairly, without regard to race, creed, color, or national origin (Elliott & Ewoh, 2000). Since its inception, Affirmative Action program and policies have taken on a life of their own. Affirmative action is a term that refers to mandatory and voluntary programs intended to affirm the civil rights of designated classes of individuals. Affirmative action or Executive Order 11246 (EO11246) was created, after the civil rights movement, by the federal courts to ensure companies were not using discriminatory hiring practices. Affirmative action is similar but different from equal opportunity. Equal opportunity is an attempt to avoid discrimination by applying the performance related criteria to all applicants, in other words, each individual should be given the same treatment as all other individuals. Unequal treatment of minority groups is considered discriminatory and illegal. This process ignores the past history of discrimination of an employer and also keeps the use of categories in hiring practices from being utilized. Affirmative action requires that federal contractors recruit...
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...Sports” The names of the three articles that are being used are “Minorities Coaches Do Not Face Discrimination in Hiring,” “Decision Making in Hiring: Intercollegiate Athletics Coaches and Staff,” and “Tackling Unconscious Bias in Hiring Practices: The Plight of the Rooney Rule.” The authors of the article that I am refuting, “Minorities Coaches Do Not Face Discrimination in Hiring,” are Roger Clegg and Greg Franke. This article was published in Opposing Viewpoints: Sports and Athletes in 2005. Also, there are two peer-reviewed articles that I am using to support my argument. The authors of one the editorials, “Decision Making in Hiring: Intercollegiate Athletics Coaches and Staff,” are Keith Harris, Richard E. Lapchick, and Neza K. Janson. This editorial was published in New Direction for Institutional Research in the winter of 2009. The author of the last piece of writing, “Tackling Unconscious Bias in Hiring Practices: The Plight of the Rooney Rule,” is Brian Collins. This piece of writing was published in New York University Law Review in June 2007. “Minorities Coaches Do Not Face Discrimination in Hiring” simply explains what its title says; that minorities coaches do not face discrimination in the hiring process for coaching job. Meanwhile, the two peer-review articles, “Decision Making in Hiring: Intercollegiate Athletics Coaches and Staff” and “Tackling Unconscious Bias in Hiring Practices: The Plight of the Rooney Rule”, explains in greater details that the first article...
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...Erika Restrepo Class: Human Resources Management Professor: Gwendolyn Wilson Date: November 23, 2015 Abercrombie Religious Discrimination Case Employment discrimination is a form of discrimination based on race, gender, religion, national origin, physical or mental disability, and age by employer’s .Where the Human Resources Department role is to bring and maintain diversity in a workplace and create an equal work environment so employment discrimination can be control and avoid by any company. The Abercrombie case of religious discrimination is related to Human resources because this case shows how religion was a key for Samantha Elauf not to get hired by this company. Samantha Elauf was a 17 year old teenager that applied for a children's clothing job at Abercrombie &Fitch at Woodland Hills Mall in Tulsa Oklahoma in 2008. She wore a black scarf on her head and didn’t say why. The company declined in hiring her, saying that her scarf clashed with the dress policy of the company. This experience with Abercrombie made her feel disrespected because of her religious beliefs so she decided to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC), alleging religious discrimination. The EEOC filed suit against Abercrombie & Fitch alleging that Abercrombie refused to hire Samantha Elauf due to her religion, and that it failed to accommodate her religious beliefs by making an exception to its "Look Policy.” The Supreme Court favored...
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...in business cover almost every aspect of business for example, in finances, in handling customers, in waste disposal and also in staff recruitment. This paper will discuss why discrimination in hiring, retaining and remunerating staff is unethical in business. Discrimination in the workplace was such a serious and frequent occurrence that the government developed the affirmative action policy. Affirmative action requires that business when hiring recognize the fact that all people to need be accorded equal and full consideration on the basis of their qualifications and merit. Affirmative action was created in order to promote the hiring of individuals in protected groups especially minorities and women (Rowland and Loury, 2010). The policy allows for active measures to be taken in order to avoid the non-discrimination of women and minorities in the work place. Rowland and Loury (2010) explain that affirmative action is the banning of discrimination against disadvantaged people. It requires that equal opportunities be provide to all people in terms of employment irregardless of their color, race, religion, national origin, sex and disability. Why did the government feel it was important to develop an affirmative action policy? For a start, the government realized that there was a lot of discrimination that was going in staff recruitment and in the work place. This was not only wrong but...
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...Employment Laws Related to Anti-discrimination Bus 670 Legal Environment August 4, 2014 There is always the task that leaders of a company must face and that is the attracting and recruitment of new employees that are superior performers in their field. Even though this is a daunting task most employers still run advertisements are unattractive in the description of the job that needs to be filled and for the most part is bland. So they sit back with their fingers crossed in hopes that an ideal candidate will walk through the door that is a fit for the position and the company. According to Adler (2013), the leaders of the companies are focusing on 17% of those that are looking for work while hoping to employ the 83% that are not looking. In their quest to hire the top candidates, employers must find the most effective way to do so without violating laws such as anti-discrimination and others that are significant. “There are a variety of reasons that hiring managers have a hard time finding the best recruits, including that: employers depend on a surplus of candidates during the hiring process, but seek them in a talent scarce environment; candidates do not know how to engage in the hiring game; and few hiring managers take responsibility for attracting quality candidates because they are focused on attracting quantity, hoping to discover that diamond in the rough. These are all significant issues that need to be addressed, dissected, understood, and reframed...
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...Ethics and Opinions of Preferential Hiring Business Ethics March 24, 2014 2014 Winter Term Introduction & Definitions Since the 1960s and 70s, the U.S. (as well as other European countries) have tried to employ policies and programs to increase employment and educational opportunities for minorities and women. The policies differ in approach and opinion. The lesser of the policies is passive nondiscrimination. It is when a company or educational institution takes into account only the applicant’s ability, and doesn’t take race or sex into consideration. This policy is also called equal opportunity, and is not controversial. It only requires employers to not unjustly discriminate. (Lane, 2010) Moving past the passive approach is affirmative action. This is defined as an activity that is aimed at securing a more equal workplace. It goes beyond passive nondiscrimination, but doesn’t alter the standards or qualifications for applicants. (Claire Andre, 2005) One way a company can engage in affirmative action is to increase the applicant pool for open positions with the intent to diversify. Though this policy is more active than the passive nondiscrimination, the theory is that the most qualified candidate will get the position, so moral and ethical controversy is limited. A method beyond affirmative action, and the one I want to discuss in this paper, is preferential treatment, or hiring. This type of policy changes the job standards in an effort to hire...
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...analyses could be legally supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII, alleging racial discrimination by the TVA. The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants (Walsh, 2010). The Appeals Court affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court’s award of damages and fees to Mr. Dunlap (Walsh, 2010). The U.S. Court of Appeals for the Sixth Circuit was to determine if the plaintiff, David Dunlap Dunlap, had met the burden of proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally discriminating against him under both disparate impact and disparate treatment analyses and whether the TVA appeal to the District Court erred in each of these analyses could be legally supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII, alleging racial discrimination by the TVA. The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants (Walsh, 2010). The Appeals Court...
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