Workplace Discrimination

Workplace Discrimination

Workplace discrimination occurs when an employee or a job applicant receives unfair treatment due to their race, gender, religion, disability, and skin colour. Federal and state laws make it illegal to discriminate against someone based on their skin colour, gender, religion, and disability among other factors during the hiring process or at workplace environment  (Stevens , pg. 48). Discrimination at the workplace goes beyond the hiring and firing process; discrimination can occur to someone currently in employment. Over the years, there have been several cases related to job place discrimination and harassment. The most affected groups are women, the disabled, groups affiliated to certain religious beliefs (Clarkson et al, pg. 546). In this research study, the researcher covers types of workplace discrimination. The study also covers employment discrimination laws.

Employment discrimination can occur in several situations, as discussed in this section of the research study. When conducting a job advertisement, stating or suggesting the preferred candidates pass as employment discrimination. It is legal to indicate the selected candidates based on academic qualifications. On the contrary, when the preferences touch on gender, race, or religious background, they qualify as employment discrimination. Another common type of employment discrimination occurs when the employer pays equally qualified employees in the same job position different pay. Such practise is unethical but is one of the most common types of job discrimination. When an employer denies individual employees compensation or benefits, or deny them the opportunity to use company facilities, the act is considered as employment discrimination (Bodie et al, pg. 68).

Discrimination legislation and issues

Religious Discrimination

Discriminating on an employee or potential employee based on their religious beliefs is illegal. Employers are required to create a conducive and inclusive working environment for employees with different religious beliefs. The employee’s religious beliefs should not have a disproportionately negative impact on the business or the employer. The employee is also required to respect the employer’s policies on matters about religious activities at the workplace (Bodie et al, pg. 88).

Gender Discrimination

Gender discrimination in the workplace is a common type of workplace discrimination. Businesses are required to treat both female and male employees equally. Job promotions and salary increments need to be merit-based only. Female and male employees with the same qualifications and in the same job positions should receive equal pay. In most companies, there have been several complains that male employees in the same job positions as their female counterparts receive a higher payment. In 2019, they have been several complains relating to this vice. For instance, female employees from BBC Corporation voiced complaint relating to unequal pay between male and female employees. The women complained. It is also illegal for businesses to lower the salary allocation for one gender to equalize pay between women and men (Gregory, pg. 77).

Age Discrimination

Labour/employment laws prohibit age specification in job adverts. Despite age differences, employees should receive the same benefits from their employers. It is also illegal to discriminate based on age when providing internship opportunities to potential interns. There are only a few instances where the law allows favouritism based on age. For example, an exception is provided in situations when the cost of provision of supplemental benefits for young employees equals that of the old ones (Gregory, pg. 76).

Pregnancy-Based Discrimination

According to the Pregnancy Discrimination Act (1978), employers are required to handle pregnancy cases like temporary illness cases. They need to provide special consideration for pregnant employees. No one should be denied employment opportunity because of pregnancy since just like employees; the Pregnancy Act also protects them (Harris, pg. 42).

Hostile Work Environment

Employers are required to create an inclusive working environment for their employees. Instances of harassment at work should be handled well, and the perpetrators punished accordingly. Ignoring workplace harassment allows room for hostility among employees. The hostile environment also affects employee input or create a challenging work environment for an employee or group of employees affected in such situations (England, pg. 40).

Harassment and Unlawful Discrimination

Discriminatory practises can take place in any section of employment. It is unlawful to make assumptions based on common stereotypes, race, religion, or gender (Gregory, pg. 66). For instance, denying someone an employment opportunity because of his or her religious affiliation is unlawful (Gregory, pg. 69). Besides, denying someone an employment opportunity due to his or her relationship with someone from a certain race, religion is unlawful. Unlawful discrimination also touches on harassment related to legally protected traits that pertain to gender, race, and religious affiliation (Cannon et al, pg. 120).

Employment Laws

There are state and federal laws that protect employees from unlawful discrimination and harassment in the employment space (Gregory, pg. 17). The regulations may differ from one state to another. However, in situations where the federal laws are stringer than the state laws, federal laws apply. Such requirements are discussed in this section of the study.

• Equal pay act of 1963: this law protects female and male employees who hold the same job position. The law requires employers to offer the same pay to such employees despite the difference in their gender.
• Title VII of the civil right act makes it unlawful for employers to discriminate on their employees or potential candidates based on gender, race, religion, or nation of origin.
• Age discrimination act protects employees or potential candidates aged 40 and above from discrimination based on their age. It directs employers to give equal opportunity to the old generation in the hiring process.
• Rehabilitation act protects qualified potential candidates or employees who work in the federal departments form any form of discrimination based on their disability (Gold, pg. 11).
• Older workers benefit act aims at protecting older workers retirement benefits. Old workers are prone to deceiving from their employers. The law seeks to protect the former workers from employers who may attempt to defraud them of the retirement packages and pensions.

The laws aim at directing employers to focus on their employees’ performance at the workplace. Employers need to avoid involving personal aspects of their employees or job seekers but instead focus on their potential at the workplace (Shneer, pg. 98).

Conclusion

Despite the efforts put in place to curb workplace discrimination and harassment, more still need to be done to protect employees. States and the federal government need to create avenues through which discrimination cases are handled with speed and precision. They also need to create channels through which employers can anonymously report such incidents. The concerned authorities need to conduct a secret investigation on firms suspected of violating employment laws. Currently, police are trying to curb employment discrimination. For instance, the equal pay act seems to be working. When female employees from the BBC Corporation complained about pay discrimination, the organization took it upon itself to conduct investigations and rectify the mishap.

Work cited

Stevens, Karen J. Sexual Orientation and Workplace Discrimination: The Importance of Contextual Influences in Career Decisions for Women. , 2013. Print.

Cannon, Lynn W, and Elizabeth Higginbotham. Perception of Workplace Discrimination Among Black and White Professional-Managerial Women. Memphis, TN: Center for Research on Women, University of Memphis, 2011. Print.

Harris, David. Avoiding Workplace Discrimination: A Guide for Employers and Employees. , 2014. Print.

Gold, Susan D. Americans with Disabilities Act. New York: Marshall Cavendish Benchmark, 2011. Print.

Shneer, Robert. The Impact of Workplace Discrimination and Explanatory Style on Depression. , 2010. Print.

Bodie, Matthew, and Samuel Estreicher. Workplace Discrimination, Privacy and Security in an Age of Terrorism: Proceedings of the New York University 55th Annual Conference on Labor. Alphen an den Rijn: Kluwer Law International, 2007. Print.

Gregory, Raymond F. The Civil Rights Act and the Battle to End Workplace Discrimination: A 50 Year History. , 2014. Internet resource.

Gregory, Raymond F. Age Discrimination in the American Workplace: Old at a Young Age. New Brunswick, N.J: Rutgers University Press, 2001. Print.

England, Deborah C. The Essential Guide to Handling Workplace Harassment & Discrimination. , 2015. Internet resource.

Gregory, Raymond F. Women and Workplace Discrimination: Overcoming Barriers to Gender Equality. New Brunswick, N.J: Rutgers University Press, 2003. Print

Kenneth W Clarkson et al. Business Law Text and Cases: 14th Edition. Internet resource.