Discrimination in the Workplace

9 Key excerpts on "Discrimination in the Workplace"

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  Research in Personnel and Human Resources Management

  • M. Ronald Buckley, Jonathon R. B. Halbesleben, Anthony R. Wheeler, M. Ronald Buckley, Jonathon R. B. Halbesleben, Anthony R. Wheeler(Authors)
  • 2016(Publication Date)
  • Emerald Group Publishing Limited

    (Publisher)

  We further synthesize theory and evidence that guide efforts to reduce discrimination and avoid its consequences. Overall, this review fulfills dual purposes to inform and inspire practical and scho-larly efforts to understand and eliminate Discrimination in the Workplace. DEFINING WORKPLACE DISCRIMINATION The United Nations’ International Labor Organization (2015) defined employment discrimination as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.” This 102 HO KWAN CHEUNG ET AL. conceptualization reflects global recognition of the persistence of unfair employment experiences of people from a variety of social groups. It is also consistent with the social psychological distinctions between discrimination, prejudice, and stereotypes that place discrimination as the behavioral mani-festation of biased cognitions (stereotypes) and attitudes (prejudice) toward individuals as a function of their social group membership. Yet, this definition is also limited in two important ways. Indeed, Shen and Dhanani (2015) clarified that, “the research literature has generally adopted a broader conceptualization of workplace discrimination, includ-ing behaviors outside of organizational practices (e.g., interpersonal treat-ment by coworkers and customers) as well as encompassing discrimination based on social characteristics that are not always legally protected (e.g., weight, sexual orientation, physical attractiveness).” Thus, the U.N. defini-tion is first limited by its omission of other likely targets of discrimination such as gay and lesbian people, people with disabilities, and ex-convicts (see Ruggs et al., 2013 ).

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  The Legal Rights and Responsibilities of Teachers

  Issues of Employment and Instruction

  • Allan G. Osborne, Jr., Charles J. Russo(Authors)
  • 2011(Publication Date)
  • Corwin

    (Publisher)

  6

  ProhibitionsAgainstEmploymentDiscrimination

  KEY CONCEPTS IN THIS CHAPTER

  • Racial, Ethnic, or National Origin Discrimination
  • Religious Discrimination
  • Gender Discrimination
  • Disability Discrimination
  • Age Discrimination
  • Genetic Information
  • Retaliation Claims
  • Affirmative Action

  INTRODUCTION

  Discrimination can be defined as the unfair treatment or denial of normal privileges to individuals because of innate characteristics such as their race, sex, age, nationality, or religion. Discrimination occurs when people are treated unequally due to those characteristics. The Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution1 along with a variety of important federal and state statutes protect employees and applicants for public employment from discrimination based on factors such as race, color, ethnicity, national origin, religion, gender, age, and disability.

  Prohibitions against discrimination extend to any aspect of employment, including hiring, training, firing, layoffs, wages, fringe benefits, job assignments, promotions, and any other condition of employment. Various sections of the Civil Rights Act of 1964,2 particularly Title VII, provide many of these protections.

  The Civil Rights Act of 1964 was initially proposed by President John F. Kennedy but was signed into law by President Lyndon B. Johnson following Kennedy’s assassination. The most sweeping civil rights statute enacted since the Reconstruction period following the Civil War, the Civil Rights Act of 1964 prohibited discrimination in public places while mandating the integration of public facilities, including schools. While this statute addressed discrimination based on race, color, national origin, religion, and sex, later legislation makes it illegal to discriminate on the basis of other factors such as age, disability, and genetics.

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  Women and Japanese Management

  Discrimination and Reform

  • Alice C L Lam(Author)
  • 2012(Publication Date)
  • Routledge

    (Publisher)

  Institutional discrimination cannot be eradicated by simply asking employers to adopt an attitude of ‘non-discrimination’ or by applying equal treatment policies. What needs to be scrutinised are the mechanisms of exclusion, the organisational rules and procedures which maintain and perpetuate inequality. The logic of the above analysis suggests that to reduce inequality in employment, changing the employment rules and practices is a critical priority. Removing employment discrimination therefore means breaking the vicious circle which perpetuates inequality.

  Tackling institutional discrimination: from ‘prejudiced treatment’ to ‘adverse impact’

  Institutional discrimination is a universal phenomenon. Whether or not it is illegitimate depends on societal values and how the issue is brought into the political arena. The shifts in the legal definitions of discrimination and the differences in the ways it is being defined in the anti-discrimination policies of different countries signify not only the changes in societal values and perceptions of inequalities in the labour market, but also reflect the relative bargaining power of different interests groups in different societies.

  In the United States, the concept of labour market discrimination has undergone three stages of development since the first days of explicit anti-discrimination policies. This change has been well summarised by Jain and Ledvinka (1975): initially, discrimination was defined as ‘prejudiced treatment’, i.e. harmful acts motivated by personal antipathy toward the group of which the target person was a member. However, since it is difficult to prove intent to harm, that first definition was ineffective as a means of solving the problems of labour market inequality.

  Consequently, discrimination came to be defined in the courts as ‘unequal treatment’. Under this second definition, the law was said to mean that the same standards be applied to all employees and applicants. In other words, the employer was allowed to impose any requirements, so long as they were imposed on all groups alike. Yet many of the most common requirements such as education and testing had unequal effects on various groups, even though they were imposed on all groups equally. This meant that employers were still allowed to ignore the inequalities built into the rest of society, especially into the processes by which people acquired credentials.

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  Gender Discrimination

  • Chester Alexis C. Buama(Author)
  • 2019(Publication Date)
  • Society Publishing

    (Publisher)

  The different forms of gender discrimination and examples of gender discrimination have been mentioned. The gender discrimination at workplace would have a lot of negative impact on the health of the employees at the workplace have been explained in detail. The methods to resolve gender discrimination at workplace and the process to report it are elucidated in detail. The different steps to be taken to avoid it at workplace have been explained along with the importance of gender equality and the positive role of gender equality in the growth of the organization. 3.1. INTRODUCTION Gender discrimination refers to the process of segregating people based on their sex. The words sex or gender can be used alternatively as both of them almost mean the same. The term “Sex” of a person mostly refers to the person’s genetic or biological identity as a male or a female, whereas the term “gender” represents the complete characteristics of a person along with what the person identifies self as irrespective of the original sex of the person. The process of differentiating people based on gender is present from times immemorial in several areas, and one of the main places where gender discrimination is quite dominant is at the workplace. Workplace gender discrimination refers to the differentiation of employees by the employer or an organization on the basis of their gender (either male or female). It is an illegal practice as it has a number of undesirable effects on the growth and development of an organization. Gender discrimination and gender bias are two terms that are used interchangeably but there is a slight difference between them. Gender bias is partiality towards a particular gender such a person shows favoritism towards one particular gender. However, gender bias leads to gender discrimination when the gender bias is not a favoritism of one gender but starts acting against a particular gender. Gender discrimination is the differentiation of

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  Handbook of Work Stress

  • Julian Barling, E. Kevin Kelloway, Michael R. Frone, Julian Barling, E . Kevin Kelloway, Michael R. Frone(Authors)
  • 2004(Publication Date)
  • SAGE Publications, Inc

    (Publisher)

  Next we present major theoretical models that have been applied to the study of harassment and discrimination. We then describe the antecedents, outcomes, and moderators associated with harassment and dis-crimination. Throughout the chapter, we highlight major empirical studies that have looked at these phenomena in work settings. We conclude with a discus-sion of fruitful future research directions and implications. 149 7 Definition of Workplace Harassment and Discrimination __________________________ In the United States, when harassment is mentioned in the context of work, most people assume the reference is to sexual harassment. However, sexual harassment is only one form of workplace harassment actionable under U.S. civil rights laws (Platt, 1994). In the United States, such laws protect against employment discrimination based on race, ethnicity, color, national origin, sex, religion, age, and disability. Thus, the intent of these laws is to protect historically less powerful groups. The essence of harassment and discrimina-tion as stressors involves perceiving differential treatment in the workplace based on some biological, physical, or social characteristic leading to the creation of an unwelcoming or hostile environment that can negatively affect targets’ job satisfaction, mental and physical health, and ability to do the job. Although we recognize that alternate “equal opportunity” forms exist that are not based on legally protected characteristics, the focus of this chapter is on those forms of harassment and discrimination that are covered under U.S. law. We should note, however, that legally proscribed forms of harassment not only tend to co-occur (as noted earlier) but also may occur alongside more gen-eralized harassment (e.g., bullying) and even violence on the job.

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  Discrimination, Harassment, and the Failure of Diversity Training

  What to Do Now

  • Ray Haines, Hellen Hemphill(Authors)
  • 1997(Publication Date)
  • Praeger

    (Publisher)

  Disclosure of her sexual orientation had caused her to lose her job, thus ending her exemplary, highly successful career of twenty-five years. The cred- ibility she had achieved over the years had been challenged. The expertise and experience she had acquired was lost to her organization. No longer was there Harsh Realities of Discrimination and Harassment in the Workplace 17 the familiar framework of the workplace in which she could utilize her skills and talents. Her history and investment of time and money went by the way- side. DISABILITIES DISCRIMINATION An individual with a disability is a person who has a physical or mental im- pairment that substantially limits one or more major life activities. Title I of the Americans with Disabilities Act of 1990 (ADA), which took effect on July 26, 1992, prohibits private employers, state and lbcal governments, employ- ment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, ad- vancement, compensation, job training, and in other terms, conditions and privileges of employment. For many years, our definition of disability has been limited to what is visible—such as blindness, the use of a hearing device, or a wheelchair. Today, we are beginning to recognize invisible disabilities such as HIV infection, AIDS, cancer, diabetes, and mental and emotional illnesses. We recognize the challenge these disabilities bring to both the employer and the employee. U.S. Labor Department research identifies that there are approximately 43 million Americans with disabilities. Of this number, approximately 14.6 million are in the workforce age grouping from sixteen to sixty-five. Twenty- nine percent are in the workforce; many are part-time. 4 Despite some positive changes in the workplace and laws passed protecting the rights of persons with disabilities, harassment and discrimination continue against them.

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  Unlocking Employment Law

  • Chris Turner(Author)
  • 2013(Publication Date)
  • Routledge

    (Publisher)

  14Protection from discrimination (5) recent developments in discrimination law

  Aims and Objectives

  After reading this chapter you should be able to:

  • ■ Understand the background to discrimination in employment and its limitations prior to the Equality Act 2010
  • ■ Understand the protected characteristics of sexual orientation, gender reassignment, religion and belief, and age
  • ■ Understand the different types of discrimination identified as prohibited conduct in the 2010 Act and how they apply
  • ■ Understand how an occupational requirement might apply in each case
  • ■ Understand the protections available to part-time employees, employees on fixed-term contracts and agency workers
  • ■ Critically analyse the area
  • ■ Apply the law to factual situations and reach conclusions

  14.1 The background to the wider development of discrimination law

  Law on sex and race discrimination and to a lesser extent disability discrimination were well established in English law before the Framework Directive 2000/78 and the Race Directive 2000/43. The Framework Directive 2000/78 as a part of the social policies of the EU has significantly widened the scope of discrimination law by applying it to a wider range of characteristics, including now sexual orientation, gender reassignment, religion and belief, and age. All of these are now protected characteristics under the Equality Act 2010 and protected against different types of prohibited conduct identified in the Act. These four areas are considered in sections 14.2–4.5 below.

  Sections 14.6–14.8 concern types of work rather than characteristics of the individual worker, part-time workers, fixed-term employees and agency workers. These are all areas where there was traditionally little if any legal protection and therefore ideal ways of employing workers while avoiding the obligations that employers would owe towards their workforce in a straightforward employment relationship. Again the significant feature characterising the development of employment protections in these areas is that it has been driven by EU directives. The significance of membership of the EU to protection against discrimination then cannot be exaggerated.

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  Praeger Handbook on Understanding and Preventing Workplace Discrimination

  [2 volumes]

  • Michele A. Paludi, Eros R. DeSouza, Carmen A. Paludi Jr., Michele A. Paludi, Eros R. DeSouza, Carmen A. Paludi Jr.(Authors)
  • 2010(Publication Date)
  • Praeger

    (Publisher)

  SUMMARY OF LEGAL ISSUES There are four types of workplace discrimination because of religion: 1. Harassment of an employee as a result of their religious beliefs. 2. Failure to accommodate an employee’s religious beliefs and practices in cases in which it would not be an undue hardship to do so. 3. Disparate treatment of an employee because of their religious beliefs and practices. 4. Retaliation against an employee for coming forth with a complaint of reli- gious discrimination or for participating in an investigation of a complaint of religious discrimination. TOWARD AN UNDERSTANDING OF RELIGIOUS Discrimination in the Workplace Stereotypes and Prejudice The American Psychological Association (APA, 2007) issued a resolu- tion on religious, religion-based, or religion-derived prejudice. Accord- ing to the APA, Prejudice based on or derived from religion has been used to justify dis- crimination, prejudice and human rights violations against those holding different religious beliefs, those who profess no religious beliefs, individu- als of various ethnicities, women, those who are not exclusively heterosex- ual, and other individuals and groups depending on perceived theological justification or imperative. . . . The APA condemns prejudice and discrimi- nation against individuals or groups based on their religious or spiritual beliefs, practices, adherence, or background. Negative attitudes and feelings about people of different religions, like race, develop as a consequence of cognitive, motivational, and sociocul- tural processes (Ellens, 2004d, 2004h). The cognitive aspect refers to placing individuals in categories that activate stereotypes. The motiva- tional aspect refers to the need for individual power, status, and control. Finally, the sociocultural aspect refers to viewing derogatory religious or racist attitudes and behavior as normal.

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  Sexual Orientation and Transgender Issues in Organizations

  Towards an Inclusive Human Resource Practice

  • Chester Alexis C. Buama(Author)
  • 2019(Publication Date)
  • Society Publishing

    (Publisher)

  The United States has often had various experiences of organizations which had to make tough decisions about whether to follow their principles or to protect their commercial interests by focusing on what the customer wants (Speer & Potter, 2000). The balance is never clear-cut, and something has to be given in terms of either losing credibility or losing customers (Ozturk & Rumens, 2014). Discrimination in the Workplace 147 SUMMARY This chapter has demonstrated the fact that discrimination is rarely a one-off incident. Instead, it is part of an embedded culture. Organizations that wish to get rid of discrimination have to come up with a supportive culture that is also inclusive (Morrison & Milliken, 2003). This is easier said than done. It takes time and effort to construct a culture and the same time may be required in order to deconstruct and reconstruct that workplace culture into an image that is in line with the expectations and ambitions of the brand (Speer & Potter, 2000). In the penultimate chapter we consider the costs of LGBT hires on the organization and its stakeholders.

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