The United Stated is a melting pot. People came from with different background, ethnicity, races, and color of skins joining the workforce. The country has recognized the dynamic perspective and set laws to protect the people. Under the Title VII, The Equal Employment Opportunity Commissions (EEOC) prohibits to discriminate base on race, sex, religion, and national origin in the work place. In this scenario:
Happy B. White Ltd. is a computer software firm with 50 employees -- 45 are white and 5 Hispanic. After enjoying five years of growth the firm suddenly experienced hard economic times and decided it had to lower expenses by terminating five employees. Hap B. White, the white male Company President, had never experienced layoffs in his
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The written or oral statement was understood on the certain point of views between two people. In this scenario, the office manager, Gradys Plainbread, was let Juan and other four Hispanic go with full intention of understanding what the boss, Hap, had asked her to do. Hap said to Gladys that “regarding the terminations, when times are tough, we have to watch out for our own. Am I understood?”(UMUC, scenario, fall 2015). With the harassment from her boss, Gladys had afraid for her job and condoned all the facts firing Juan and the rest of Hispanic workers. It left the firm with all white employees. Statistically evidence was strongly suggested, the company intended to keep only the white workers, one race. The laws also inquires of have at least 80% statically diversity to align the EEOC‘s code of conduct (EEOC, feb 8th 2011). The boss, Happy could not bring the firm up to EEOC’s diversity code. There was no explanation for what he had implied to Gladys but racial discrimination. He could argue because of the clientele the project will need only who could really do the job, speaking the Anglo accents, but he had no prove or reasons for firing all the Hispanic workers. Juan was senior and been in the company for long time. During hiring process, the firm had not noticed him the need …show more content…
It was clear with fact and evidences to prove the case. The evidences were mostly obvious and would not cloud the judgments in this theory. In the other hand, the disparate impact theory, the plaintiff must prove their points. Evidences could be there, but wrongly represent them the judgment could go different ways. In this theory, plaintiff must be very careful with their words, examining all the situations before present the
In disparate impact theory, the plaintiff has to show that there was discrimination done by his employer. He has to show that discrimination was involved in his dismissal and not on the basis of his performance at work. The employer would be charged by the disparate impact theory if age, sex or racial discrimination is proven.
Equal employment opportunity is a policy statement that all individuals should be equally considered for a job and not be discriminated against for reasons such as their race, color, marital status,
A comparison of the EEOC press release to the news item. What accounts for the differences?
Through the years, America has made an overall improvement in eliminating discrimination, inequality and slavery and focusing more on inclusion, equal rights, and equal opportunity. Despite a considerable improvement, there are corporations and individuals that often revert to archaic means of treating employees, creating hostile environments. Consequently, different advocacy groups and laws still remain in effect and continue to evolve to protect the citizens and non-citizens of the USA.
Again this is one of the most important laws an HR personal can come across. If an employee is being fired and they feel like they are being discriminated from a previous incident they have the right to take the company to court. Companies/employers need to make sure they aren’t singling anyone out or even watch what they say to people of certain race. If they feel offended they could take matters into the legal
The Equal Employment Opportunity Commission (EEOC) is a “five-member body appointed by the President to establish equal employment opportunity policy under the laws it administers” (p. 827, Twomey & Jennings, 2014). The EEOC is “responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (Overview, EEOC, 2014). These federal laws include Title VII of the Civil Rights Act of 1964, as amended in 1972, 1978, and 1991, along with the Equal Pay Act (EPA), and the Age Discrimination in Employment Act (ADEA).
One study, known as the CARDIA study, showed that all 1,200 of the participants surveyed had been victims of multiple instances of discrimination, which led to much higher rates of absenteeism, turnover and despondency (Waterman et al., 2006). Employees of this particular restaurant lost their positive demeanor and willingness to go above and beyond, as they felt that it was pointless if they were not going to receive equal recognition and opportunity. Over time, the prejudice expressed by the owner caused a rift between the African American and Caucasian employees, as each group built resentment towards each other based on a situation that they had no control over. After losing a handful of valuable employees I realized that I had to proactively seek the assistance of the other shareholders, regardless of what it meant for my employment, as the owner was doing irreparable damage to the brand that could potentially end in a
The EEOC also administers and enforces the civil rights laws. The EEOC provides programs to prevent discrimination before it begins through programs such as education and outreach programs. They have the responsibility to provide guidance in all aspects of federal government equal employment opportunity program by assuring the compliance with EEOC regulations and providing. The role of the investigation is to fairly and accurately assess the claims and then make a verdict. If there was a positive discrimination case has happened, the EEOC will try to settle the charge, if not the EEO has the authority to file a lawsuit to defend the rights of individuals and the welfare of the public. If there is no case of discrimination, there will not be
We sometimes forget how far we have come in our struggle with discrimination and equal opportunity for all. While we still have many improvements to make in this area The Civil Rights Act has helped us make significant progress over the years. Probably the most well-known act in the Civil Rights Movement is the Civil Rights Act of 1964 but prior to this act there were two federal laws and a voting rights bill passed. These 3 acts are known as the Civil Rights Acts of 1866, 1875 and 1957. After the passing of the 1964 act came the Civil Rights act of 1991 which amended the 1964 act. All of these acts were put in place to try and decrease the amount of racial discrimination in our country. The Civil Rights Act of 1866, 1875, 1957, 1964, and 1991
The U.S. Equal Employment Opportunity Commission was established July 2, 1965 and signed by President John F. Kennedy, and it was created by the United States Congress. The Equal Opportunity Commission Office is responsible for enforcing federal laws that make it illegal to discriminate against an applicant or employee because of persons race, color, religion, sex, nation origin, or age. The importance of this Equal Employment Opportunity Commission is to protect employees so they can’t be mistreated, and it also protects the employer from wrongful discharge lawsuits. All commission seats and post of general counsel to commission are filled by the United States President, subject to confirmation by the Senate. The Equal Employment Opportunity
The US is a melting pot with various groups of immigration such as: Asian American, Jewish American, African American, and Mexican Ame. Minority groups have experienced many kinds of segregation. They are discriminated in education and employment. Then, a program called “Affirmative Action” was introduced with the hope to engage more people of color into the society.
In this scenario, Maria, who is of Latino ancestry made a complaint about being passed over for a promotion because she is a Latina; she was born in America, and is a second generation. Maria holds a graduate degree, and has been with this company for 10 years, but has been in her position for seven years. The person who got the promotion was Alex, who is an Anglo, and has a graduate degree. However, he has less time in the company or in this position, and had better evaluations than Maria. Maria is the only Latina, and the only person of color; she believes that the reason her evaluations were lower, were because of bias towards white males, and because of the fear of clients not being able to understand her accent.
Discrimination is nothing new to our society or is it something that should be taken lightly and for many decades our Nation has endured many conflicts that have tested the will of Americans over the decades and it is evident that as we have become more diverse so too has our workforce. Although, we are in the twenty first century the goal is to understand why prejudice and discrimination is still so prevalent and how we can do better while trying to bring together our different backgrounds, skills, and experiences still has proven to be an issue that minorities are constantly fighting as they struggle to find there place in society. Through an array of well-educated researchers showing how diversity is nothing new to our society, but if we are to continue to grow and move forward we must be able to understand that with diversification we can foster a strong and inclusive economy that is built to last and nurture a nation that will continue to lead the world as standard setter.
This act is much like the ADA, the only difference is that the Rehabilitation Act is that it focuses on the federal government. “The Rehabilitation Act of 1973 was the first “rights” legislation to prohibit discrimination against people with disabilities. However, this law applied to programs conducted by Federal agencies, those receiving federal funds, such as colleges participating in federal student loan programs, Federal employment, and employment practices of businesses with federal contracts” (The Rehabilitation Act of 1973, 2011). Section 501 demands affirmative action and bans discrimination in employment by Federal agencies. Section 505 includes steps managing solutions and attorney's expenditures under Section 501 (The Rehabilitation Act of 1973, 2011).
The Equal Opportunity (EO) is an important program to ensure fair treatment, justice, and equity for all people. This program frames and enhances a comprehensive effort to increase human’s potentials depending only on their eligibility, ability, and efficiency. Commanders and Noncommissioned Officers (NCOs) have a huge responsibility on their shoulders toward their units; they should provide a positive EO climate for their Soldiers. Because NCOs are the number one factor to create a successful positive equal opportunity environment, they should implement a positive environment and a healthy impartiality atmosphere within their unit.