Abstract This paper examines three commonly used methods for assuring a non-discriminatory work environment. The author evaluates how these methods are applied in the workplace.
From the Paper "Discrimination occurs when an employer treat someone differently on the basis of some characteristic such as race gender hair color height and so on. If a characteristic is specifically listed in an anti-discrimination law then it is illegal to discriminate against someone on the basis of that characteristic. The same laws that prohibit discrimination on the basis of protected characteristics such as race gender or religion also prohibit harassment on the basis of those characteristics. Federal law specifically ...."
Abstract To effectively deal with the problems of discrimination in the workforce, a workplace environment must strive to prevent discriminatory behavior from occurring between employees It must also ensure that when discriminatory behavior does occur the participants involved in the conflict have a venue in which to express their differences and grievances. Finally, leaders in the workplace must make an effort to ensure that it doesn't occur in the future. This paper explains how preventing discrimination, therefore, requires an efficacious three-pronged attack for both public and private enterprises.
From the Paper "When individuals work in a diverse workforce, and see others who are different than they are, excel, they are more apt to become tolerant of clients and customers as well as fellow employees on a subordinate and superior level whom are of diverse backgrounds. But even in the best workplace environments, conflicts will occur. Thus, it is important for employees to know they have someone to talk to, and somewhere to go, to address their grievances in a timely manner, before the conflict becomes dangerous to productivity. Trained, in-house counselors versed in discriminatory laws are necessary on the part of the firm, for issues of legal liability, to keep company staff abreast of potential illegalities. Trained HR staff must be aware of the firm's internal policies regarding non-discrimination."
This paper looks at discriminatory practices including bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment, focusing specifically on the United States.
Abstract The following paper is a discussion on the main body of employment discrimination laws, which are composed of federal and state statutes, with a look at some state constitutions which provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer. Hypothetical fact patterns are posed where several issues are raised, such as the pay differential between employees.
From the Paper "The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The Fifth amendment has an explicit requirement that the federal government not deprive individuals of "life, liberty, or property," without due process of the law. See U.S. Const. amend V. It also contains an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. See U.S. Const. amend XIV. In the employment context the right of equal protection limits the power of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group (such as a race or sex)."
A comparative analysis of the decisions of the Divisional Court and the Court of Appeal with that of the European Court of Human Rights concerning human rights cases.
Abstract This paper compares the decisions of the Divisional Court and the Court of Appeal in R v Ministry of Defence ex parte Smith [1996] 2 WLR 305 with that of the European Court of Human Rights in Lustig-Prean v UK (2000) 29 EHRR 548. It discusses how the different outcomes in these cases can be chiefly explained by the approaches available to the courts in terms of reviewing State policy. It looks at why the test of 'irrationality' employed by the English courts meant that the discriminatory government policy could not be overturned and then examines why the test of 'proportionality' available to the Court of Human Rights allowed a fundamentally different outcome to be reached.
From the Paper "Having accepted Brown LJ's assessment regarding the justiciability of the policy, both the Divisional Court and Court of Appeal considered each of the three grounds for the review application: that the policy breached Article 2 of the EC Equal Treatment Directive ; that it breached Article 8 of the European Convention of Human Rights; and that it was "irrational". Both English courts shared the view that the word "sex" in the EC Directive should not be construed as embracing sexual orientation and should, therefore, have a meaning no broader than gender . Had they accepted the applicants? argument, the policy would have been unlawful as it would amount to direct discrimination . In the Divisional Court, Brown LJ emphasised the "unambiguous" language of the Directive, which plainly refers to discrimination of gender rather than of orientation."
Tags: abuse, discrimination, discriminatory, homosexuality, rights
Abstract This paper begins by citing numerous statistics on the numbers and demographics of the U.S. prison population. The paper then discusses the high levels of incarceration in the U.S., describes the American system's ruthless prosecution and incarceration of criminals deemed nonviolent and looks at theories regarding the positive correlation between economic disparity and punitive actions. Finally, the paper highlights the problem in the United States of widespread discriminatory imprisonment against the minority black and Hispanic populations.
From the Paper "The statistics about prisoners in American jails at the local, state, and federal levels and juvenile detention centers has shown a growth from 1,319,000 in 2001 to 2,166,260 in 2002. The year 2003 has seen the fastest rate of growth over the previous years. The rate of growth of prisoners in state prisons was estimated to be 1.8 percent while that in federal prisons was 7.1 percent and in local jails was 3.9 percent. (Cass, Report: 1 of Every 75 U.S. Men in Prison) Again the federal prison system has 163,528 prisoners which are greater than that of the state system. (Butterfield, A6) The national growth rate of prisoners is attributed to the increased growth rate in some of major states such as Michigan, Florida, Pennsylvania and California. It is evident that California accounts for the highest number of prisoners among the states and Texas has the highest proportion of prisoners. (Parkin, 69)"
Abstract This paper explains that "racist" or "racism" are highly misused and misunderstood terms; merely race consciousness does not constitute a racist mindset. The author points out that a "racist" is a person who adopts blatantly discriminatory behavior or metes out ill treatment to people of other races because of biased mindset. The paper states that race is as much a part of one's identity as family names and country of origin; therefore, to refer to someone as "black" or "Hispanic" doesn?t really make one a racist, but claiming people of color are deficient or inferior in some respect does constitute racial bigotry.
From the Paper "If you see a black person with slightly odd eating habits and you comment on the same, does that make you a racist? Well if yes, why? Why can"t it be seen in the same light as commenting on odd behavior of some white person" What makes you a racist? Who is a racist? Is racist a person who "hates" people of other races or is he someone who believes his race is superior to all other races? If you think that "hatred" and "superior" are synonymous, then you are one of those many misguided souls who have heard all about racism but are not certain as to what really constitutes racist attitude."
Abstract This paper reviews the debate between the NCAA (National Collegiate Athletics' Association) and black leaders over the discriminatory effect of NCAA Proposition 16. The author points out that the basic conflict is between black coaches and civil-rights leaders vs. college presidents and officials of the NCAA . The paper concludes that the problem lies with the structure and relationship between college and professional level athletics.
From the Paper "The debate over the National Collegiate Athletics' Association's NCAA Proposition raged largely between black coaches and civil-rights leaders versus college presidents and officials of the NCAA. These two groups had faced off before over ..."
Abstract The paper discusses the educational system among the Aborigines in the region of Manitoba in Canada and also questions the quality of the education process. The paper notes that the most important initiative that focused on the inclusion of the Aborigines in the educational system is the 2004-2007 education action plan which takes into consideration four important initiatives which are discussed in the paper. The paper discusses that another major problem facing students, and especially Aboriginal students in Manitoba, is the lack of work places. The paper concludes that the education plan is one of the means through which the society can evolve from a discriminatory one to an inclusive one.
From the Paper "One of the most important and significant elements in the history of the region represented the education. This is largely due to the fact that through the process of education, the basic and most valuable assets of a nation or of a people remain entrenched in the collective mentality of the population and are transmitted to the next generations. In the historical conditions of the Manitoba region this was a significant aspect because it was one of the few means through which the population could actually keep the traditions and mentalities".
Abstract This paper describes the writer's interview of one his co-workers. The paper relates that the interviewee was of Mexican-American descent and that his family emigrated originally from Mexico to El Paso, Texas back in the early 1900s. The paper then proceeds to describes the co-worker's background and life circumstances as well as how he thought his culture differed from the culture of the writer himself who is African American. The paper explains that the interviewee felt that the challenges of belonging to a minority group are many; however, for the most part people have not been discriminatory toward him.
From the Paper "Mr. A.C. reported that he has experienced some discrimination based on the simple fact that he is Hispanic and because of his accent. The example he noted, included an incident where because some Mexican food tends to be "hot" and "spicy", that's what is always eaten. He went into the conference room one day for a luncheon, and someone immediately walked up to him and told him where the "hot and spicy" food and mustard was."
Tags:discriminatory, multiple roots. family holidays stereotypes
Abstract This paper discusses how price discrimination is not a foreign or an illegal policy within economics or the marketing sphere although it is obvious that within the auto car sales industry there have been observations of discriminatory pricing practices that can only discourage sales and are considered unethical. The paper then outlines the ethical policies about pricing that the corporate office has mandated for the dealer community and also provides a strategic design to determine if discriminatory pricing is being practiced.
From the Paper "Price discrimination in a general sphere is when two different prices are charged for the same good, (McConnell and Brue, 2005, p 50). It might seem strange that this can happen, but many markets practice this. For example, the business class (first class) and coach type of travel is an example of how individuals pay different prices for the same good. Or movie tickets for adults and children to see the same movie at different prices. Clearly, this report is being compiled because the price discrimination being practiced within the auto industry that has gotten media attention is not the same thing. "
Abstract This paper studies the rules and regulations presented to the people by the area of law that provides anti-discriminatory laws, thereby offering equal employment opportunities to all the people entering and wanting to be the part of the corporate world. The second part of the paper applies this knowledge and the information given in the first part of the paper to a problem or an issue faced in an organizational setting.
Outline
Part One: Equal Employment Opportunity and Anti-Discriminatory Laws
Title VII of the Civil Rights Act of 1964
All About Religious Discrimination
All About Race-Color Discrimination
All About Pregnancy Discrimination
All About National Origin Discrimination
The Age Discrimination in Employment Act of 1967
The Equal Pay Act of 1963 (EPA)
Employment Non-Discrimination Act (ENDA)
Employment Discrimination Against Gays and Lesbians
The Civil Rights Act of 1991
The American With Disabilities Act
Part Two: Review of An Organizational Problem Based on Race/Color Employment Discrimination
From the Paper "Law offers equal opportunity in employment to all the citizens worldwide with the aid of Equal Employment Opportunity Commission. This is done because the people of the world particularly those that constituted the under privileged lot felt a strong need to speak up their minds and raise their opinions against the discrimination that is prevalent in varied forms at different levels of the society. Thus in order to curb the problem of discrimination in the employment sector, the Equal Employment Opportunity Commission abbreviated as EEOC came into existence under Title VII of the Civil Rights Act of 1964 and started functioning on July 2, 1965 (U.S. EEOC: An Overview, Office of Communications and Legislative Affairs, 1998). Thus, with the aid of the drafting and implementation of several anti-discriminatory laws, the Equal Employment Opportunity Commission provides its citizens with the employment opportunity that strictly forbids discrimination at all grounds and on all basis and in any form."
Abstract This paper explains that the concept of 'otherness', or stigma, as a proponent of discriminatory practices dates back to the beginning of human history; stereotyping is associated with stigma in which contention is often based on a misrepresentation of the individual and the group. The author reviews "The Laramie Project", a play based on homosexual Matthew Shepard's death and the aftermath of the hate crime. The paper relates that men tend to fear gay males as a threat to their definition of masculinity; thereby, the stigma of homosexuality is inflated in light of accepted stereotypes and misconceptions resulting in discriminatory practices, including murder.
From the Paper "In 1995 Derek Henkle started his sophomore year at Galena High School in Washoe County, Nevada. He was openly gay, appearing on a local community access channel "in a discussion about the experiences of gay high school students. Soon thereafter, several students approached Henkle at school, calling him "fag," "butt pirate," "fairy," and "homo." They lassoed him around the neck and suggested dragging him behind a truck. He escaped to a classroom and used an internal phone to report the incident to Denise Hausauer, a vice principal" (Zirkel 412). In a democratic world based on equality, such as what is supposed to exist in the United States, it would be expected that Derek would be provided with protection and the students involved would suffer some sort of disciplinary measure. Instead, the administrator, after arriving two hours after being informed, laughed, reported the incident to the principal and the matter was dropped."
Abstract This report identifies ways in which discrimination - both direct and indirect - can present itself in organizations. The current state of a large city-based retail organization shows that currently only 10% of the employees are male, compared with an industry average of 35%. Not only is this not consistent with the industry, but it also falls back on poor HR practices within the organization which could be viewed as discriminatory. The paper shows that good HR and anti-discriminatory practices begin at recruitment, and by improving the advertising, application, and interview process of recruitment we can minimize the chances of possible discrimination against an individual. According to the author, improving the company's overall complaint and grievance handling procedures and ensuring employees are aware of anti-discrimination legislation and have sufficient supervision will ensure that there is no chance for legal action against the organization.
From the Paper "Indirect discrimination can only occur if a person is required to meet an unreasonable criterion or condition. An example where the condition which must be met is reasonable is in the case of airline pilots - it is not unreasonable to state that the applicant must not be visually impaired, however it is unreasonable where previously applicants for the police force were required to meet a height requirement."
A paper examining the issue of gay marriages and whether they should be legalized because not doing so would deny homosexuals their basic civil rights.
Abstract This paper is a study for understanding whether there is a need to legalize gay marriages. The paper is divided into three sections arguing three thesis statements. The first thesis statement argues that marriage is a civil right of every individual, as it is essential for the emotional well-being of individuals and denying it to the gay community is discriminatory. Hence, the study begins with a discussion of the argument that denying the civil rights of marriage is discriminatory. The second thesis statement asserts that gays are denied the rights which are associated with marriage and that denying these rights is a violation of their civil rights and therefore a need exists to legalize gay marriages. By way of this thesis statement, the paper offers an understanding as to the rights which are associated with marriage but which are denied to gay couples and discusses whether there is a need to legalize gay marriages taking this perspective into consideration. The third thesis statement argues that legalizing gay marriage is necessary for the security and well-being of the children that gay couples are caring for. Herein, the paper attempts to analyze whether children of gay couples would entail the security required if gay marriages are legalized. Thus, on the basis of the above three thesis statements, the paper tries to formulate an understanding of whether denying marriage to homosexual couples leads to denial of civil rights to the gay community and whether there is a need to legalize gay marriages.
Table of Contents
Introduction
First Thesis Statement
Second Thesis Statement
Third Thesis Statement
Conclusion
From the Paper "Whether the US community is prepared to permit people to marry without the consideration of gender is gaining our notice daily. Religion and civil marriage are two clearly different entities. Certainly this is completely fitting. Certainly, the state must not have the right to order for whom religious organization might carry out marriage services --- akin to the fact that religions institutions must not set terms regarding who might get a license for civil marriage from the state. Latest census data show that the number of faithful same-sex couples in the US has been mounting, as also the number of same-sex couple's upbringing children. Accordingly recognition in the eyes of law is crucial to safeguarding the emotional and financial health of these families. Besides, legal approval should be on a same footing with that of heterosexual marriage ---'separate but equal' is by no means equal."
This paper is a literature review of racial discrimination in the history of the U.S., mainly against blacks, and the laws introduced to eliminate such discrimination.
Abstract This paper commences the history of racial discrimination laws with the Civil Rights Act of 1866, which outlawed discriminatory practices against blacks; post Civil-War legislatures desired the unification of the country and attempted to reconcile the living conditions for Black Freedmen. The author pointed out that the New Deal was important because it created a social accountability system, which had not existed and eliminated some of the social, political and economic problems, although the exclusionary zoning of this period proliferated the idea of segregation. The paper relates that the Civil Rights Movement and the Brown decision were pivotal because they set a precedence for the equal treatment of blacks at public facilities.
Table of Contents
Literature Review
Civil Rights Act of 1866
Racial Zoning Laws
The New Deal and Federal Government Discriminatory Housing Polices
Federal Policy after WWII
Events Leading to the Passage of the Civil Rights Act of 1968
Review of Key Debates and Lessons Learned
From the Paper "Paulson goes on to state that the presidential vetoes and the overall message sent by President Johnson persuaded republicans that a constitutional amendment would be the only way to ensure the civil rights of White Unionists and Black freedmen living in the South. Furthermore, they thought the amendment was necessary to avoid a future Democratic-controlled Congress from abolishing the Civil Rights Act or other important wartime legislation. The result of these efforts was the fourteenth amendment, which the author describes as complex, disingenuous and using ambiguous language."
Tags: unification, new-deal, social-accountability, zoning, brown
