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Discrimination Paper

By:   •  Term Paper  •  893 Words  •  May 19, 2010  •  1,002 Views

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Discrimination Paper

We are going to start by saying that to discriminate is to make a distinction. Discrimination involves formally and informally classifying people into different groups and according the members of each group distinct, and typically unequal, treatments, rights and obligations. The criteria delineating the groups, such as gender, race, or class, determine the kinds of discrimination.

In companies like Huffman Trucking, management has to be careful not to engage in any type of Discrimination. In this environment you can see discrimination of all class.

Huffman Trucking has to prevent first, age discrimination. The Age Discrimination in Employment Act of 1997 (ADEA), protects individuals who are 40 years of age or older from employment discrimination based on age. The act protections apply to both employees and job applications. Under ADEA, it is unlawful to discriminate against any person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

Another cause of discrimination is the disability one. This is covered in the Title I of the Americans with Disabilities Acts of 1990 who prohibits private employers, states and local government, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring, modifying work schedules, reassignment to a vacant position and acquiring or modifying equipment or devices, adjusting or modifying examination, training materials, or policies, and providing qualified readers or interpreters.

Huffman Trucking also may be facing the origin discrimination. Whether an employee or job applicant’s ancestry is Mexican, Arab, Russian, Puerto Rican or other nationality they are entitle to the same opportunity as anyone else and it is covered by Title VII of the Civil Rights Act of 1964. It is important to emphasis that the origin discrimination included: 1) the accent, an employer may not base a decision on an employee’s foreign accent unless the accent materially interferes with job performance; 2) English fluency, a fluency requirement is only permissible if required for the effective performance of the position for which it is imposed; and 3) English only rule, must be adopted for nondiscriminatory reasons. An English only rule may be used if it is needed to promote safety.

Discrimination of race/color is another type. Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the cases of race and color, as well as the national origin, sex and religion. It is also applies to employment agencies and to labor organization.

Because Huffman Tucking is a company who majority of employees will work as road driver the age, sex and origin can be the most discriminatory types that they used.

You can see discrimination in any aspect of employment, including: hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing, use of company facilities; training programs; fringe benefits; pay, retirements plans, and disability leave; or other terms and conditions of employments.

For an employee

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