Discrimination in Promotions and Hiring

In: Business and Management

Submitted By thereseabennett
Words 993
Pages 4
Discrimination in Promotions and Hiring
MGMT335-01
AIU

Abstract
A vacancy within Technology, Inc. needs to be filled; HR has decided to fill this position internally. The position requires that the candidate have certain education and experience. The duties of the position and the means to apply for the position have already been put in place as well as the deadline. This paper will discuss legislations for discrimination in promotion and hiring. It will also discuss the advantages and disadvantages of the legislations.

Discrimination in Promotions and Hiring What is discrimination? Discrimination is defined treatment in favor or against a person based on the group, class, or category that the person belongs to rather than individual merit (Discrimination, 2012). Discrimination can be seen as far back as the beginning of time, and is a thorn in United States history. In US history there were segregated schools, bathrooms, and everything else. Segregation was abolished and other laws had to be passes before the US become like it is today. Voting was restricted to only white men, but laws were passed for everyone to be equal. Many things have changed throughout the years, including working environments. There are laws to protect potential or current employees from being discrimination against. Laws that protect employees from discrimination are the employment discrimination laws. These laws protect the age, race, gender, sexual orientation, disability, and religion of the current or potential employee. Federal and state laws make up the employment discrimination laws. These laws cover the protection of employees in promotions, transferring, dismissal, compensation, benefits, recruiting, testing, training, pay, and much more. Two laws that protect current and potential employees from discrimination are The Equal Pay Act and The Americans with…...

Similar Documents

Hiring

...Hiring internally is beneficial for both the company and employee. When companys recruit from within, they offer opportunity for advancement and promotion. This technique keeps employees motivated to work hard and as a result, One decreases. Due process policies sense that job security is high, which keeps employees to stay with an organization long-term. Also, companies benefit from internal recruitment by saving money. Recruiting externally costs the company money to train someone new, while the organization can reduce the cost by training someone internally slowly. There are certain business strategies that are best supported by recruiting externally. Firstly, certain entry-level or even upper-level positions may not be filled internally since there is no one available to fill those positions. Furthermore, outsiders can bring new ideas or new ways of doing business that can help the organization. Lastly, bringing in new talent from outside sources can help strenghten an organization and weaken the competitors. On the other hand, there are several strategies that might call for internal recruitment. It is to a companys advantage to hire someone withing who is already well known. The company knows how they work, what they are able to produce, and what they can expect from them. Second, internal employees are well aware of open vacancies withing the company, which minimizes the expectations of the job. Finally, it is faster and cheaper to recruit someome internally. One......

Words: 317 - Pages: 2

Discrimination

...Business Ethics – Term Paper March 21/13 Discrimination Introduction Discrimination is defined as distinguishing something from something else (i.e. don’t hire him because he has no experience). Unjustified discrimination is distinguishing something from something else on a basis that is not justified (i.e. don’t hire him because he is black). The term discrimination commonly replaces the term unjustified discrimination in business, philosophy, psychology and day-to-day community life. In a just and fair society, such as we Canadians aspire to, a job applicant’s race, ethnic origin, colour, religion, sex, age, orientation, mental ability, or physical condition should not disadvantage them in career choices or job competitions. If a short Asian female firefighter can do the job, she should get the job. Conversely she should not expect to receive concessions that are not available to all; that is in effect also discrimination. Unfortunately, discrimination often arises in business in regards to hiring, job placement, wage, and promotion. Affirmative Action Ideally, discrimination should be of no concern at all; everyone should have an equal opportunity to anything. In a perfect world a hiring manager would not have to think thoughts such as, “They are disabled, they are women, they are aboriginal,” and would only think, “This person will be perfect for the job because….” Unfortunately this may never completely happen. For example if a person in a wheelchair applies...

Words: 1894 - Pages: 8

Hiring

...Case: 6:01-cv-00339-KKC-REW Doc #: 669 Filed: 03/01/10 Page: 1 of 17 - Page ID#: .,13376 ,,,:~™~ "' ^tt*** £0 m THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Plaintiff, v. WAL-MART STORES, INC. ) ) ) ) ) ) ) ) ) ) ) ) MAR - | 20tt) ATtnnw ^"^ CIVIL ACTION NO01-339-RICC Defendant CONSENT DECREE The United States Equal Employment Opportunity Commission (the XommissioiT or the "EEOC") commenced this action against Wal-Mart Stores, Inc. ("Wal-Mart") pursuant to Title VII of the Civil. Rights Act of 1964 and Title I of the Civil Rights Act of 1991 ("Title VII") to address allegations that Wal-Mart subjected a class of females to gender discrimination in hiring whenfillingopen orderfiller positions to Wal-Mart's Distribution Center No. 6097 ("DC 6097"), located in London, Kentucky. The Commission and Wal-Mart stipulate to the Court's jurisdiction over the parties. Further, the Commission and Wal-Mart desire to resolve Civil Action No. 01-339-KKC without the burden and expense of further litigation. As a result, and based on the pleadings and the record as a whole, the Court finds that: [i] the Court has jurisdiction over the parties and the subject matter of this action; [ii] the terms of this Decree are adequate, fair, reasonable, equitable and just; [hi] this Decree conforms with the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person; [iv]......

Words: 877 - Pages: 4

Discrimination

...Battling Discrimination at Work ​Discrimination at work is unfair. The reason why is because everybody is a human being and everyone should be treated equal. Companies don’t always get the best workers because they tend to pick what they think will work, when in reality if they took the time to study them they would realize how the person works and or who they really are. ​First of all everyone should be treated equal because everyone is the same, some people might be short, others tall, some skinny and some fat but that doesn’t matter because deep inside we are all the same. Also people should be treated equally so that everyone has the chance to do something in life. Some employers hire individuals based on their ability to get a job done. Some employers hire people based on their qualifications and their experiences concerning a particular job. However, there are employers out there that hire someone based purely on how the person looks. Whether it be based on their skin color, age, gender, or sexual orientation. Discrimination is everywhere no matter where we look, but it should stop because it is just not fair, everyone should be treated equal. ​Companies do not always get the best workers, they tend to go for the people who are good looking and people they think will bring more business and costumers. For example a lot of Mexican people come to this country to become successful and do something about their lives, but the system of the united states decides to block......

Words: 1624 - Pages: 7

Hiring Legal

...Abstract This paper will discuss the legality requirement when hiring. The U.S. Department of Labor provides several laws and acts that protect potential new hires from unethical hiring practices. The interpretation of the laws provides their own advantages and disadvantages. Hiring Legalities Introduction When looking to fill positions, whether a promotion or a new hire, employers must list the qualifications and the job requirements. This saves the employer and the prospective employee time. Another factor in hiring that must be considered are the legislative laws that are currently in place. Developing an Effective Job Requisition. Developing effective job descriptions helps employers to articulate the responsibilities and requirement of the job/s that they are trying to fill. An effective job description also serves as the benchmark to tell employees if they are a fit for the job in question. Furthermore, it helps employees to understand the boundaries of the expected performance from the potential employee. Ultimately, the goal of an effective job description is to hire the top candidate based on their skills, education and experience (Heatherfield, 2013). When employers are putting together a job description certain steps must be followed. The first that must be followed is to perform a job analysis. A job analysis will enable hiring managers to collect data that can include, job responsibilities of current employees,......

Words: 764 - Pages: 4

Discrimination

...Discrimination Against Women in the Workplace SOC203 March 25, 2013 Discrimination against Women in the Workplace Although some of the worst employment discrimination was eliminated by the Civil Rights Act in 1964, many women continue to undergo unfair and unlawful discrimination in the workplace. Even though women have come a long way, they are still being discriminated against in certain fields of work. High-end jobs, most commonly large companies and medical fields, continue to discriminate against women even though they have the same job qualifications as men. This qualifies as a social problem because women deal with discrimination in the workplace especially large corporations and also in the medical field. Many women have the same qualifications but still are paid less than most men. There are many different ways in which women are discriminated against in the workplace. The exclusion of women altogether solely due to their gender is a now rare example of how women are discriminated against. Although women have gained overall access to the workplace, sex discrimination still persists in additional ways. There multiple examples of potentially unlawful gender discrimination that women face. Hiring and firing are the first two problems women often face within the workplace. An example of this is woman applying for a job in which they have experience and excellent qualifications, but are not hired because some of the company's clients are more......

Words: 1730 - Pages: 7

Discrimination Laws

...Anti-discrimination Laws Related to Employment BUS 670 Legal Environment February 17, 2014 Anti-discrimination Laws Related to Employment An important task that leaders face is attracting and recruiting employees that are top level performers. Most companies still post bland, uninteresting job descriptions, crossing their fingers in hope that they will find the ideal individual who is an organizational fit. In addition, the most shocking aspect of this is that most business leaders focus their resources and efforts going after the 17% of candidates who are actively seeking employment, yet desire to employ the 83% who are not looking for work (Adler, 2013). Employers want to hire top performers, but most are not cognizant of doing so in effective ways and avoid violating anti-discrimination and other significant employment laws. For example, Adler (2013) informs that there are a variety of reasons that hiring managers have a hard time finding the best recruits, including that: employers depend on a surplus of candidates during the hiring process, but seek them in a talent scarce environment; candidates do not know how to engage in the hiring game; and few hiring managers take responsibility for attracting quality candidates because they are focused on attracting quantity, hoping to discover that diamond in the rough. These are all significant issues that need to be addressed, dissected,...

Words: 1570 - Pages: 7

Hiring and Discrimination

...1. Introduction Philadelphia—the first Hollywood film to acknowledge HIV and homosexuality stars Tome Hanks in 1993. This film shows discrimination in hiring and firing, which are disability and sexual orientation. Discrimination exists in all places, at all times, not just in Canada. Even so, people still feel confused about the bounds of hiring and firing. The definition of this phenomenon is the different treatment of two equally qualified individuals on account of their age, gender and so on. In order to protect the rights of employees, governments establish laws and regulations to restrain employers’ behaviors. At the same time, moral standards can be a looser and more elastic limitation and judgments on people’s actions. To simplify, laws are clear rules written on paper, but moral standards are not clear and depend on different people. So, what is the boundary of employment? My answer is that law is the basic standard, and moral is the justice, and whether there are discriminations or not should be measured both sides—the employees’ and employers’. 2. Kinds of Discriminations Age discrimination One of the global issues is the rapidly aging population. There will be 77.3 million people with a life expectancy of 83 years, which is an estimate by the U.S. Disease Control Center 2010, for the first wave of baby-boomer generation from 1946 to 1964. At the same time, people are working longer than before, because people are living a healthier and better...

Words: 1267 - Pages: 6

Preferential Hiring

...Ethics and Opinions of Preferential Hiring Business Ethics March 24, 2014 2014 Winter Term Introduction & Definitions Since the 1960s and 70s, the U.S. (as well as other European countries) have tried to employ policies and programs to increase employment and educational opportunities for minorities and women. The policies differ in approach and opinion. The lesser of the policies is passive nondiscrimination. It is when a company or educational institution takes into account only the applicant’s ability, and doesn’t take race or sex into consideration. This policy is also called equal opportunity, and is not controversial. It only requires employers to not unjustly discriminate. (Lane, 2010) Moving past the passive approach is affirmative action. This is defined as an activity that is aimed at securing a more equal workplace. It goes beyond passive nondiscrimination, but doesn’t alter the standards or qualifications for applicants. (Claire Andre, 2005) One way a company can engage in affirmative action is to increase the applicant pool for open positions with the intent to diversify. Though this policy is more active than the passive nondiscrimination, the theory is that the most qualified candidate will get the position, so moral and ethical controversy is limited. A method beyond affirmative action, and the one I want to discuss in this paper, is preferential treatment, or hiring. This type of policy changes the job standards in an effort to......

Words: 2014 - Pages: 9

Religious Discrimination in Hiring

...Running Head: RELIGIOUS DISCRIMINATION IN HIRING Religious Discrimination in Hiring Religious Discrimination in Hiring The initial concept for this paper was to research and examine reverse discrimination in hiring practices by businesses owned by members of the Church of Jesus Christ of Latter-day Saints (LDS) in Utah County. I was trying to find research regarding LDS member owned businesses and preferential treatment to other LDS members when hiring. Through the process of this research I realized that my question was skewed, it wasn’t reverse discrimination at all. The population of Utah County consists of 97.5% members of the LDS church, and 88.7% of the population adheres to the LDS church (The Association of Religion Data Archives, 2010). In this context I will examine the preferential hiring practices of adherent religious member owned businesses when recruiting potential employees. Religion is a protected class, and discrimination of a protected class is a primary concern for the human resource industry. The importance of discrimination laws to human resources comes from a number of reasons: Out of motives ranging from concern for fairness to the desire to avoid costly lawsuits and settlements, most companies recognize the importance of complying with these laws. Often, management depends on the expertise of human resource professionals to help in identifying how to comply. (Noe, Hollenbeck, Gerhart, & Wright, 2011, pp. 72-73) A company found in......

Words: 3710 - Pages: 15

Discrimination in the Workplace

...DISCRIMINATION IN THE WORKPLACE Discrimination in the workplace has been present throughout history and has branched into various forms in the past and existing time periods. Individuals suffer losses and are jobless because of discrimination. Discrimination happens when an employee is treated unfavorably because of their race, skin color, gender, disability, religion, or age. There are four discrimination types that can be identified, they are disparate treatment, disparate impact, pattern or practice, and retaliation. Disparate treatment discrimination exists when individuals in similar situations are treated differently and when the differential treatment is based on the individual’s race, color, religion, sex, national origin, age, or disability status (Giffin, 2008). An employee with the same skills of other employees may not get to benefit like others because the victim may have a different religion, is an example of disparate treatment discrimination. If this employee tries to file a charge, they must prove that there was a discriminatory motive. Some companies can treat a member differently when bona fide occupational qualification exists for performing a particular job. Disparate impact discrimination is when an employment practice is neural and non-discriminatory in its intention but, disproportionately affects individuals having a disability or belonging to a particular group. An example of this discrimination is if the job requires a person to be......

Words: 1574 - Pages: 7

Discrimination in the Workplace

...the same opportunity or treated unfairly based on their personal characteristics it is called discrimination. Discrimination in any form should never be taken lightly and if proven can have severe consequences. At some point, every individual has most likely suffered from being discriminated against. Some forms of discrimination are illegal, especially in the workplace. I have chosen a scenario that depicts more than one form of discrimination. Maria, is a person of Latino ancestry, a second generation native-born American citizen with a graduate degree. She has been with her current company for 10 years has filed a complaint for being unfairly eliminated for consideration for a promotion, because of her distinctive accent. Not only does Maria face discrimination, because of her strong cultural background evidenced by her accent but, because of her race, and gender as well. According to the Equal Employment Opportunity Commission (EEOC), they are “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. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit” (Overview, n.d.). According to Zimmermann, “Culture is the......

Words: 2057 - Pages: 9

Understanding Institutional Discrimination of Promotion

...Understanding Institutional Discrimination of Promotion For a person working in a company for more than two or three years, willing to work even more, and having the required skills for the job performed, promotion is an expectation some time in the future. When the promotion is not received for certain unfair reasons, a conflict may arise and needs to be addressed. As a person with an accent and not a perfect English, I decided to choose scenario number 2 for my project. Maria, a person of Latino ancestry, has filed a complaint that she was unfairly eliminated for a promotion because of her distinctive accent. She also points out that she is the only one person of color, the only one woman, and the only one Latina in the department. She is a US citizen with a graduated degree, and has been with the company for 10 years and in her position for 7. The promotion was given to Alex instead, an Anglo, who has less time either with the company or in the position. The scenario shows though that Maria is often loud and aggressive when communicating with co-workers. She also has had some problems with the company. She has been counseled twice by her supervisor for tardiness, and once for absence. She said the reason in each situation was her necessary presence with a family member that needed help. My plan is to start a research about promotion policies, to study laws and regulations, and to analyze different other similar situations I might find. I have the following......

Words: 365 - Pages: 2

Discrimination

...Discrimination, no matter what kind is a shame to us as human beings. Why do we discriminate? Must we discriminate? Is there a need to classify one another and put them at a certain level? Discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of people. The act of discriminating is the process by which two stimuli differing in some aspect are responded to differently. It is also the act, practice or an instance of discriminating categorically rather than individually, which becomes prejudicial. Discrimination has many categories of which includes, racial, religious and gender discrimination. For the first main point of my speech, I will be talking about racial discrimination. Racial discrimination is when a person is treated less favourably than another person because of their race, colour, Descent, national or ethnic origin or immigrant status. I don’t see the need for us to see one another as different colours. So what if we were born with different skin colours? We still have the same colour of blood don’t we? Racial discrimination is divided into two groups, which is direct and indirect discrimination. Direct discrimination is when a real estate agent refuses to rent a house to a person because of their particular racial background or skin colour. An indirect discrimination is when there is a rule or policy regarding equal rights but has an unfair effect on people of particular race, colour,......

Words: 1465 - Pages: 6

Discrimination

...Equality and Discrimination Hundreds of millions of people suffer from discrimination in the world of work. This not only violates a basic human right, but has wider social and economic consequences which perpetuate poverty and inequality while worsening social tensions. Lessening discrimination could help the world dramatically decrease poverty and promote decent work for all. Unions can play a crucial role in fighting discrimination nationally and internationally through political action and collective bargaining. But, their leaders and members are themselves subject to discrimination as workers are penalized for joining unions or participating in union activities. However, by better understanding discrimination in its many forms and devising strategies to combat it, unions could help eliminate discrimination and, at the same time, strengthen their organizations. What is discrimination? Discrimination in employment and occupation takes many forms, and occurs in all kinds of work settings. It entails treating people differently because of certain characteristics, such as race, colour or sex, which results in the impairment of equality of opportunity and treatment. In other words, discrimination results in, and reinforces, inequalities. With discrimination the freedom of human beings to develop their capabilities and to choose and pursue their professional and personal aspirations is restricted without regard for ability. Because of discrimination, skills and......

Words: 6098 - Pages: 25