Fair Treatment in the Workplace: Discrimination Law
The value of fair treatment in the workplace
With the ramified changes in the economic, there is several changes in the law and applicable rules and regulation so the employment act. In the starting, we have analyzed benefit and cost of volunteering prohibiting federal forms of discrimination prohibited under discrimination law. After that benefits and costs of voluntarily adopting hiring and promotion practices designed to diversify the workforce will be assessed. Afterward, ethical considerations of not voluntarily prohibiting the forms of discrimination laws examined. In the end, final recommendation is given.
Analyzing benefit and cost of volunteering prohibiting federal forms of discrimination prohibited under discrimination law
In The United States of America, there are a number of steps taken into consideration in the last few years in order to maintain equality and dignity of an employee in the workplace. There are uncountable as well as numerous major legal measures designed at promoting equal as well as balanced employment opportunity and workplace impartiality. At the central level to be precise, there is a multi-employment discrimination law that restricts employers from denying to hire individuals or to provide or give certain reimbursement or rights based on certain pre-notions. It is said that a very important note that has come up popping in any one’s head is that from where these laws have originated and the correct answer would be that the U.S. courts and the relevant tribunals have passed the verdicts regarding the same. In the present era of the year 2025, these verdicts which now have become judiciary’s important asset and precedents and not only this but they are codified too over the decade into state laws and federal laws. However, the combined employment discrimination laws overlie the concepts of civil rights and labor laws as along with labor rights.
There are many federal laws enacted but few of them are the basis for any firm or organizational structure. These laws are formulated to protect people right, these laws was made it to protect employee rights in, firing, demoting, any kind unfair treatment of employees (USCIS, 2017). We may find that women and men both are equal and have same skills and intents to perform the job so they both require equal pay. However, women are paid less than what men are getting. Women earn 79% of the amount what men earn. In the state of Georgia Women earns 18% to 20% less than men as per the report given by Senate Joint Economic Committee Democratic Staff last April. In addition to this, workman that was working in a sushi restaurant. He was teased by Asian and non-Asian workers about being Japanese and make jokes about gays and lesbians. However, after implementing these laws these acts have been prohibited.
It is analysed that many companies are having cost and benefit of diversity arise due to the prohibition of these forms (Rotondo, 2015).
There are following benefits which have arisen to companies due to the prohibition of the federal forms of discrimination prohibited under discrimination law.
- Strengthen the cultural values in the process work of organizing.
- Increase the reputation for the sustainable future.
- Attract highly talented and experience employees.
- Reduction in the labour shortage.
- Increased employee’s motivation in workplace.
However, in spite of increase in the benefits of this e prohibition of the federal forms of discrimination prohibited under discrimination law, there are certain cost associated with it.
- High cash outflow to execute the changes in the business process.
- Re-engineering of the business policies to comply with the new rules and laws.
- High penalties if company fails to comply with these laws (Jasiunas, 2010).
Benefit and cost of prohibiting forms for discrimination not covered by any of the federal anti-discrimination laws
The Civil Rights Act of 1964 is a milestone in the U.S. laws that actually define and protect more than a few political and civil and rights of American people. There are many specified provisions in Title VII of the Act mentioning the details against employment discrimination, which prohibits and restricts the discrimination by the employers on the basis of the sex, color, gender, place etc. It also prohibits discrimination against the person as an individual on the basis of association one with the other individual of a particular race, color, religion, sex, or national origin.
The Title VII of the Civil Rights Act of 1964 also makes sure that it provides employers with some scope of promotions and guarantees for their future securities. As for an example an employer can take up to 15 individuals under his authority and can ask the employees to do the justice to each and every one amongst the employees regardless of any discrimination hence the repercussions will be unbearable. Hence a bona fide professional qualification required for the standard process of the organization (Larkin, 2016),
The benefit and cost of voluntarily prohibiting forms of discrimination not covered by federal anti-discrimination law is related to religion discrimination.
It is analysed that employers may tend to make certain decision when it comes to hiring and firing of the employee based on the religious belief. The benefit and cost of voluntary adopting these practice strengthen the diversity in workplace and employees tend to more effective in their work when company does not promote the discrimination in race, gender and cast. Employees feel happier to work for the company where all the employees are treated equally. However, the cost associated with it would be that company might fail to align the interest of the employees with the organization (Rotondo, 2015). Some of the employees may get demotivated when they are not given privilege in their work. This may also increase the overall cost of the business (Pizer, Sears, Mallory, & Hunter, 2011)
Benefit and cost of prohibiting forms for voluntarily adopting hiring and promotion practices designed to diversify the workforce
The Age Discrimination in Employment Act of 1967 is a central labor law or a federal law in the U.S. that also prohibits employers from discriminating on the grounds of age. To be very particular the Act protects the persons who are above 40 and can be easily thrown out of the organization at any time considering age as a factor. For example it is regarded as beneficial for the companies as they can save a lot of cost but at the same time they will lose the experience the person of 40 years is possessing. But the Act ensured that the age is just a number and it does not have to do anything with the capacity of doing work in an organization and also added that the experience that this individual holds is very important for any of the organization working in the entire world (Puhl, & Brownell, 2011). The discrimination regarding the salaries and allowances, pensions and the holidays are generally the sole basis and hence the age factor should be a reason for the same. It also includes enforceable waivers that are prepared without government-mandatory approvals, legal agreements related to attributions between employers and employees, the reasons for discharge any individual from his duty shall be on the basis of indiscipline and misbehavior rather the age part. In the year 2016, the LGBT rights were also highlighted in order to make the transgender come forward and vocal about the discrimination faced by them in the nation not just by society but at the workplaces too (Jasiunas, 2010).
Ethical consideration for not voluntarily prohibiting of the forms of discrimination law
The Americans with the Disabilities Act of 1990 is a law of civil rights that are prepared to give protection the individuals who need protection and help from the people around (Pizer, et al. 2011). Persons suffering from physical or any mental disabilities are generally discriminated in the government bodies and hence to avoid the same this Act was made in order to give security and employment to the persons who are suffering unnecessarily whether employed or unemployed or employed and suffering from humiliation in the organization (Rotondo, 2015). It forces the telecommunications enterprises to provide customers with disabilities, especially those who have a problem of hearing or having vocal impairments to provide a better functional way of working. And hence being a part of a federal law it emphasis is to provide security and welfare free from any exploitation (Puhl, et al. 2014). The Equal Pay Act of 1963 also promotes the gender equality eliminating every aspect of discrimination on the grounds of gender and differences on accounts of salaries and holidays along with pensions and age and to avoid every criterion which empowers the gender inequality. As it was stated in the first paragraph that the employees or labour has been discriminated in many ways and to solve that problems from the ethical view helps the organization to run successfully. (Pize, Sears, Mallory, & Hunter, 2011)
It states that an individual should be paid as per his or her capacity to hold any position and the performances and no other than this should be a reason for the differences (Fishman, & Schwarz, 2016).These were the major benefits and consequences for any organization to make sure that there shall be no discrimination on the basis of any ground which is unconstitutional and against the ethics of business or humanity. As a retailer it is a duty to put into considerations all the above- mentioned points along with some of the necessary restrictions as for an example if an employee needs any medical leave then the leaves for a reasonable time, will be paid but not biased and after a certain time it will become unpaid leaves. The government should ensures many other anti-discrimination laws regarding business ethics so that the organization should also not suffer from any loss which is unnecessary and arises out of no fault (San Miguel, G. (2014). Therefore, it could be advised to retailer that he should adopt all the hiring and promotion practices including compliance of the anti-discrimination laws and rules.
It is analyzed that this process could be done by giving special rewards and promotions to the ones who have been discriminated or have suffered any kind of ill gesture in the business firm. And also to adopt the policies which states of having penal punishments if discrimination has been done.