Employment Discrimination

Abstract

This research paper will try to deal with the issue of discrimination in the work place. In spite of the lawful scaffold set as the Title VII of the Civil Rights Act of 1964 barring any form prejudice based race, color of the skin, religious convictions, nationality, where you are from, and sex, or sexual orientation at any level of employment. Others set of laws deal with bias based on age or disability, and are proscribed in Employment Act (EDA) of 1967 and Title I of the Americans with Disabilities Act (ADA) enacted in 1990.

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Introduction

Despite all the precautionary measures put in place to cede the vice it has continued to affect millions for it happen mostly on personal level and the plaintiff has no concrete evidence to prove it other people. In the Title VII of the Civil Rights Act of 1964there is protection of employees; including potential or applicants against discrimination against nationality, gender and religious convictions in addition to race and color. The Title VI necessitates employers a work force in excess of 15 workers staff that include private corporations, the States departments, staffing and labor associations, and the local governments not to deny equal employment to people based on their racial grouping or professed racial grouping and association, or racial distinctiveness as hair texture, facial appeal, skin color, religion or because they are married to spouses of a particular race, or color. The Title IV leaves no possibility for discrimination to be directed at person whether due to their race or place of origin. It caters for even the unprotected group from discrimination from other majority groups or from the minority.

Types of Racial Discrimination Highlighted in the Title VI

The first situation that the Title IV fights to eliminate by making it illegal is the recruiting, hiring and advancement; here all opportunities must be equal unless the job content demands so, i.e. it would be recommend for Black workers to serve in the projects that have majority Black residence to avoid discrimination and stereotyping of other races as Whites by the people served. To advance the affirmative action the employers many require race particulars of the applicants, but it should be requested in separate application forms or be optional to cater for people who are not comfortable disclosing their race and like equal opportunities. It would be legal for any employer to indulging in;

  • Sourcing employment from single race or color grouping
  • Demand unnecessary academic requirements from applicants that are not relevant to the job requirements.
  • Test applicants on skills, knowledge and abilities that are irrelevant to the task performance.

Another issue is the harassment and hostile working environment against on particular racial group or individual; the employers and the employees are supposed to report, prevent and correct, and document any form of severe or persuasive racial discrimination that is physical, verbal, implied as unwelcome jokes, slurs and others.

The race or color should not be the foundation for any disciplinary procedure, task assignment, training or remuneration; this entails the principles of compensation and other employment terms, privileges and conditions. All should be equally and fairly disseminated!

In certain clauses the Title IV protects some groups; this can be abused by the employers who segregate and classify staff upon this lines. This can be seen in cases where people are subjected to certain predicaments due to their race i.e. in housing the employers you only place the Afro-Americans in locations that have high Black demographics in pretext of making them comfortable despite their qualifications allowing better housing(Hong,2007). Sometimes may feel compelled to retain a specific number of individuals from one race as part of the affirmative action, here the employers may be places in segregation without tasks allocations but get paid for doing nothing.

No employee should be prohibited to retaliate on any racial discrimination by the way of filing complainant; it would be illegal and contradiction if the employee is coerced or forced to overlook the slightest discrimination due to potential miss of employment or advancement as filing charges, testifying, or assisting in any EEOC (US Equal Employment Opportunity Commission)proceedings(Steven,2002).

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Establishing ‘Prima Facie’ Case in Racial Discrimination

Due to the levels involved in racial employment discrimination the plaintiff may have hard time proving his case considering factors as; who discriminated the employee-the employer or fellow colleague, the opportunity costs involved as loss of job or segregation, risk of advancement or hostility. To establish prima facie in any case; minimal evidence admissible in any complainant proceedings, the employee can establish the following points:

  • Identifying your gender against that of the favored employee.
  • Analyzing you task expectations against what has been achieve and the employer reviews in the past.
  • The action signifying denial of just reward as promotion or pay raise.
  • Failure by the employer to fair explain the reasons of reward to one employer to the other.

The cases of employment discrimination lays weight on the employee to prove minimal evidence of the complainant, but with evidence the burden is shifted to the employ especially if the reasons given can be in no way be knitted into other cases as redundancy, age or many other just reasons (The US Equal Employment and Oppertunity Commission,2009).When the burden is shifted to the employer there is the employment of other factors as; employer liability to the employees’ action, no discriminatory steps or structure applied in the workplace and the disciplinary measures administered to the culprit or culprits.

Theories of Discrimination

There are basically two theories of discrimination that assist in determining the plight of the victim in racial employment discrimination cases:

  1. Disparate Impact; the claims are that the employer naturally ignores the laid down policies affecting the plight of the protected groups without any significant justification by any business implications.
  2. Disparate Treatment; the employer defiantly discriminates the employee on race and color in matters as hiring, discharge, conditions and privileges.

To prove the above theories of discrimination in any court of law you should consider factors as replacement i.e. if you are discriminated and your replacement in the action fits your racial categorization as an Asian is given the same opportunity as you; you being of Asian origin with similar qualifications and sex, then you prima facie will not hold water. Also if all conditions set by the employer are business necessitated; the company will not run if any alteration is done, then the judgment will be in the employers favor.

Steps in Filing Discrimination Claims

According to Kooky 2009, the first step is to familiarize yourself with your company’s internal grievances filing as part of the affirmative action. This will assist you to deal with the problem internally if possible otherwise you move to the second step. The second step is to find an employment discrimination attorney; the initial cost is nominal to just file the claims. To get access to an employment attorney you can use the lawyer referral system available from most legal frame works. Thirdly you will need to consult with lawyer on the issue of employer-employee interaction after the claim has been file. Here you should understand what constitutes either direct or circumstantial evidence of alleged discrimination. Fourthly you should contact the EEOC to file for the claim and at the required level. The timing of the claims should be as stipulate by the regulation; mostly within 180 days for most claims to the EEOC, ADA and ADEA.The fifth step is to fill in the EEOC intake questionnaire where you fill in detail your names, work description, address, the company’s name, address, number of employees and other necessary details (The US Equal Employment and Oppertunity Commission,1997). Last and not least you will need to full cooperate with the investigating agent to establish the validity of you claim before the employer is notified.

Remedies for People Discriminated Against

  1. The first remedy to the people discriminated against is to eliminate the discrimination stimulus as managers or fellow workers. Or improve the available antidiscrimination structure
  2. Compensation can sometimes assist the victim the pain incurred; financial, housing, education, health advancement or pay increase to suit the formerly level denied.
  3. If the possible remedies will affect the overall production of the business the company may settle the employ in another job, financial handoff or even segregate to positions racism can hardly be felt.

Case Studies of Racial Employment Discriminations

  1. Stephen Nord and Hollis Price: Refined Racial Discrimination in Public Employment in a Southern City Facts; with increased Black population employment was given to them for political reasons while other empowerment was denied leaving them to work only on lower paid jobs.

Summary and Conclusion

Though the preceding findings are not conclusive, 9 they are strongly supportive of the refined discrimination hypothesis and closely parallel Long’s conclusions in his study of job discrimination in the federal government (Commission for racial equality,2007)

I. Case study: A level playing field

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James is a professional rugby player based at a Yorkshire club. When a new coach was employed at the start of season training session, he indicated that James’ performance was unscathed, but some months down the lane he pulled James out of the first team on the excuse that his game was low. No other player in the squad was treated in this way and James was not given any clear explanation for this decision. The coach stated only that he “lacked potential” and hinted that this was due to his age. James felt that it was really due to the fact he is Caribbean in origin, as a white player of a similar age was selected for the squad.

He complained to management at the club but they dismissed his allegation of race discrimination on the grounds that there was no evidence.

Ruling: where James was represented by the CRE 2007, he was awarded a five figure sum in damages, which included loss of earnings (match bonuses), injury to feelings, and interest. The club was ordered to reinstate him on the same terms as his last contract. The managing director and the coach were exclusively stipulated to apologize individually by the commission (CRE) to James, plus issue a press statement as a public apology.

  1. Case study: Beyond a joke

Seriously Ahmed was employed by the same company in Yorkshire for over twenty years, where he tolerated racial comments and jeers for a long time but when the situation deteriorated to daily discrimination he gave it one and half months before retaliating

Ruling: The Company was ordered to pay a six figure sum in compensation. This figure included actual loss of earnings, future loss of earnings, pension loss, injury to feelings, and interest. This case sent out a clear message to companies that the effects of racial harassment can be devastating, and consequently the damages that may be payable will be large.

  1. Case study: Healthcare for all

Yasmin, a Pakistani doctor, had worked for numerous years in the NHS, and plus a high security prison, prior accepting posting to a private jail the north of England.

During the course of her work she raised a number of concerns about the healthcare provided to inmates, including; ineffective monitoring of inmates in the healthcare department, prescription-only medicines being issued without a doctor’s signature, and breaches of medical confidentiality. After persistent complaints her concerns were still not dealt with.

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Remedy taken: Before the case could be heard at an employment tribunal, the prison settled out of court for a six figure sum. Sarah job hunting for a better placement, hence submitted her application to company in Greater Manchester; for receptionist’s slot (CRE,2007).

  1. Case study: Holiday spirit

Fortunately she was invited for an interview, but later after the interview received a phone call where she was asked her religion; the caller demand to know whether she professed the Judaism faith.

She stated that yes, she was Jewish — the company went on to ask her whether she intended to take all the Jewish holidays. She elucidated that she intended to take just one Jewish holiday, as leave. The individual that she spoke to said that the company “had nothing against Jewish people.” (CRE,2007).

Remedy: Before her case could be heard at employment tribunal, the company settled out of court for a four figure sum.

Conclusion

In different cases of discrimination the law clearly heaves the burden employee liability on the employer. What this means is that any discriminatory behavior exhibited by anyone employee will directly be blamed on the employer who will then blame it on the employee.

In my opinion the different discrimination cases are real and result to long term effects on the victim. The situations are always different but all sum up to frustration and humiliation. The laws and enforcement procedures laid down are most on the book, practicing them is quite hard due to the many ways the cases happen and difference in levels of people practicing them; it is like a fight between a slave and its master.

To shield themselves from the discrimination allegations from any quarter it is advisable for the employer to develop and establish well laid regulations to curb such incidences. All company publics must be made to understand the companies stand on these issues prior to engagement. Alternatively the companies can embrace the spirit of affirmative action.

Affirmative action is the positive move towards treating all human beings as equal without looking at their race, health status, disabilities, association, marriage, descent, religion or gender. The importance of the affirmative action is that it enhances the interrelationship at the work place and increase productivity as everyone feels appreciated.

Just like apartheid, and contrary to race which is skin deep; discrimination is deep rooted and varies from one person to the other depending on factors as; background, experiences, location, perceived competition and many other negative factors. Out of the experienced discriminations only a fraction is reported and solved with the other fraction being unreported due to either lack of evidence or duress. We all need to embrace the affirmative action and appreciate all our colleagues; for a peaceful co-existence.

Bibliography

  1. Commission for racial equality.(2007).
  2. Hong,K.(2009). Dubious protect class distinctions: Eliminating the role of replacement identities a discharge Title VII Plaintiff’s case.
  3. Kooky, P.(2009). How to file a work discrimination charge.
  4. Steven, N. (2002). Employment discrimination laws.
  5. The US Equal Employment and Opportunity Commission. (2009). Race/color discrimination.
  6. The US Equal Employment and Opportunity Comission. (1997). How to fill charge. Web.
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