Equal Employment Opportunity and Discrimination
By: Jon • Research Paper • 3,225 Words • January 31, 2010 • 1,329 Views
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Equal employment opportunity and discrimination.
The politic system here in the United States it has always been one of the most democratic systems in the world. There are a lot of civil rights that regulate the employment process by creating more opportunities for an equal employment for everyone no matter their race, religion, nationality, age etc. In theory seems like there is no way left for discrimination and there is an equal employment opportunity for everyone, but in real life the things are different. Still a lot of people think that they have been discriminated indirect during a job qualification process because of their race, age, nationality, gender, disability etc. There are laws that prohibit the discrimination, and give the people the right for an equal employment opportunity. The question is how the these laws are interpreted or executed by employers, or how well the employees or potential employees know their civil rights that protect them. Some times these laws are misinterpreted or even worst not taken into consideration by the employers. Charges of illegal discrimination continue to be filed, indicating that employers still do not deal with people fairly all the time. Among others factors like religion, disability, etc. the most common things that people have been differentiated during a job qualification or at the workplace, are their race, their age, and their gender or sex.
First at all, the race of a job candidate has sometime made a job opportunity or a place to work not equal for everyone. The civil rights act of year 1964 which is known as Title VII protects individuals against employment discrimination on the bases of race and color among others.. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
According to this civil rights act, equal employment opportunity cannot be denied to any person because of his/her racial group or perceived racial group, his/her race-linked characteristics or because of his/her marriage to or association with someone of a particular race or color. To avoid penalties employers must follow the EEO laws and offer an equal opportunity, and select their employees based on job requirements and not on their race. It is unlawful to illegally discriminate against any individual in regard to recruiting, hiring and promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline and discharge, wages and benefits, or any other term, condition, or privilege of employment. But are all the employers following this rule or acting according to the law? The most of them I would say yes , but still there are some employers that indirect discriminate their candidates for a job opportunity , or their employees inside of their organization.
For a more efficient organization or business, based on EEO requirements the employers should use job-related employment practices which it is considered a business necessity and it has been subject of numerous court decisions. According to Title VII intentional discrimination is prohibited, but also neutral job policies that disproportionately affect persons of a certain race or color and that are not related to the job and the needs of the business. It is unlawful if a job opportunity excludes persons of a certain racial group or color significantly more than others and there is no excuse for every employer if there is such a thing.
Also according to Title VII offensive conduct, such as racial or ethnic slurs, racial "jokes," derogatory comments, or other verbal or physical conduct based on an individual's race/color are prohibited. The conduct has to be unwelcome and offensive, and has to be severe or pervasive. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation .It is the responsibility of the employer to make sure that there is no discrimination because of the race, during a qualification of a job opportunity, in the job relation inside of a company or organization between employer and employees, or even between employees within an organization.
In the context of employment discrimination or employment opportunity , race discrimination come in many forms including: denial to get hired, denial of overtime work, denial for a promotion or raise, denial for bonuses or other rewards , wrongful termination, poor evaluations, differential discipline, and even outright harassment. The key to any kind of employment discrimination claim is that the reason for the discrimination is that the