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DiscussionBoard1.docx
UnitI.pdf
DiscussionBoard1.docx
Discussion Board 1:
Equal employment opportunity and subsequent discrimination are major factors in today’s workplace. For a quick review, you can access the U.S. Equal Employment Opportunity Commission's Employees & Job Applicants webpage to review discrimination by type.
Considering the many types of employment discrimination, share which discrimination law you believe is the most important. Explain your rationale.
Initial post to be a minimum of 500 words and at least one supporting reference. Posts to others should be a minimum of 250 words.
Response 1: Jazmin Brooks
Employment Discrimination
When I think about equal employment opportunity, it’s clear that every type of discrimination is harmful and needs to be taken seriously. However, if I had to choose the discrimination law most important to me, I would say that it is the law prohibiting racial discrimination in the workplace. Personally, this particular one stands out because of its history, its impact on generations of workers, and the way it continues to influence opportunities today.
As we know, racial discrimination in employment has been a persistent issue in the United States, and was such a critical problem that it became one of the central focuses of the Civil Rights Act of 1964, specifically under Title VII, which made it illegal for employers to treat someone unfairly because of their race. This law was groundbreaking because it forced employers to rethink hiring, promotion, and workplace practices that had historically excluded people of color from equal opportunities. Even though this law has been in place for decades, racial discrimination is still a major issue in many workplaces, which is why I believe it remains the most important.
One reason racial discrimination laws are so vital is because one's race often determines their access to opportunity. Studies have shown that racial bias influences hiring decisions even when qualifications are the same. For example, Bertrand and Mullainathan (2004) conducted a study where they sent out identical resumes, but some had “white-sounding” names while others had “Black-sounding” names. The resumes with white-sounding names received significantly more callbacks, proving that bias still plays a role in who gets a chance at an interview. This shows that without strong legal protections, many qualified individuals might never even get their foot in the door.
Another reason I view this law as the most important is its connection to broader issues like generational wealth and long-term economic stability. Employment is not just about having a job, it’s about building a career, supporting a family, and preparing for the future. If racial discrimination blocks access to higher-paying jobs or leadership roles, then entire communities are left at a disadvantage. This kind of discrimination doesn’t just hurt one person; it affects families for generations. For example, if someone is denied promotions or fairly paid opportunities because of race, their ability to invest in education, home ownership or retirement is limited compared to their peers. This creates somewhat of a snowball effect that stagnates an individual and their family, simply because of the color of their skin.
I also think racial discrimination is a key issue because it often overlaps with other types of discrimination. A woman of color, for example, might face both gender discrimination and racial discrimination, which creates compounded disadvantages. While other protections such as those for age, disability, or gender are extremely important, I see racial discrimination as the foundation that ties many of these issues together. If workplaces make serious progress in reducing racial bias, they are also likely to create more inclusive environments that reduce other forms of discrimination too.
Lastly, I believe tackling racial discrimination is essential for building strong and successful organizations. Companies often talk about the benefits of diversity, such as improved innovation and better decision-making. But diversity can only exist if people of all races feel welcomed, valued, and treated fairly. Strong enforcement of racial discrimination laws ensures that employees can focus on doing their best work instead of worrying about being judged by something they cannot change: their race. This, in my opinion, is not a political talking point, it speaks to morals, ethics, and humanity.
To conclude, I would like to reiterate that I believe all discrimination laws play an important role. However, I truly believe racial discrimination laws are the most important and should be treated as such because they protect against one of the most deeply rooted, historical and persistent forms of inequality. Additionally, they help break cycles of economic disadvantage while creating a foundation for fairness that supports other types of equity in the workplace. Without addressing racial discrimination, it would be nearly impossible to achieve true equal employment opportunity.
Reference
Bertrand, M., & Mullainathan, S. (2004). Are Emily and Greg more employable than Lakisha and Jamal? A field experiment on labor market discrimination. American Economic Review, 94(4), 991–1013. https://doi.org/10.1257/0002828042002561
UnitI.pdf
HRM 6301, Human Resource Management Methods 1
Course Learning Outcomes for Unit I Upon completion of this unit, students should be able to:
2. Discuss the impact of employment law on an organization’s policy on equal employment opportunity. 2.1 Explain the importance of equal employment opportunity. 2.2 Evaluate federal and state discrimination laws. 2.3 Develop a nondiscriminatory policy.
Required Unit Resources In order to access the following resources, click the links below. The videos, articles and webpages below offer valuable information on this unit’s topics of equal employment opportunity and federal and state discrimination laws. Moore & Associates. (2018, January 23). The majority of discrimination cases [Video]. Cielo24.
https://c24.page/4svajfncqqwgcmfnkxj8abndnz Piccolo Law Offices. (2017, August 25). What’s required to prove discrimination in the workplace? [Video].
Cielo24. https://c24.page/gufxvev9frkwe7sa7639fkzx4s Transcripts and closed captioning for the above two videos are available once you access the links provided. Read the following articles and webpages. Morrish, J. (2005, August 5). Mission incomprehensible. Campaign, 32, 22–23.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc t=true&db=tsh&AN=17992344&site=ehost-live&scope=site
Register, T. M. (2017, March). The case for deferring to the EEOC's interpretations in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397– 1425. https://link-gale- com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/ITBC?u=oran95108&sid=ITBC&xi d=f91daf7c
U.S. Equal Employment Opportunity Commission. (1990, March 19). Policy guidance on current issues of
sexual harassment (EEOC Notice No. N-915-050). https://www.eeoc.gov/policy/docs/currentissues.html
U.S. Equal Employment Opportunity Commission. (2019, April 10). EEOC releases fiscal year 2018
enforcement and litigation data [Press release]. https://www.eeoc.gov/eeoc/newsroom/release/4-10- 19.cfm
Read pp. 1–4 of the following article. Wolf, P. (2018). Check-in: EEOC, DOL, and NLRB compliance. Labor Law Journal, 69(3), 145–159.
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc t=true&db=bsu&AN=131415743&site=ehost-live&scope=site
UNIT I STUDY GUIDE
Equal Employment Opportunity
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Unit Lesson
U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics Here, in Unit I, we start the discussion with equal employment opportunity (EEO) and the U.S. Equal Employment Opportunity Commission (EEOC). Why is it important to understand EEO? Why is it important that there is equal opportunity in your organization? The statistics should provide the answer. In 2018, the EEOC resolved 90,558 charges of discrimination. The victims in the private sector, the state and local government, and the federal workplace received $505 million in compensation (EEOC, n.d.-c). You are encouraged to explore charge receipts by state. Visit the FY 2009 – 2021 EEOC Charge Receipts by State (includes U.S. Territories) and Basis website. Once at the site, use the drop-down box to select the state of your choice.
The New Director of HR Management Any real-world business must be careful to avoid discriminatory practices. So, let’s establish that you have been hired as the first director of HR in this organization. Even though it is everyone’s responsibility to understand EEO, the applicable state and federal laws, and the different types of discrimination, you will be the one to whom leadership and employees will look to for guidance as the new HR director. It is the responsibility of employers to have policies that will prevent discrimination in the workplace. One of the first things that leadership has asked you to share is information about the EEOC and to develop an antidiscrimination policy.
EEOC Before you can develop the antidiscrimination policy, you need to do some research about the EEOC. According the EEOC (n.d.-b), the EEOC is a government agency that enforces federal laws and develops policy to prevent discrimination. The president of the United States appoints the EEOC members, and the committee is bi-partisan and comprised of five members. A general counsel is also appointed to provide support to the members. The EEOC is headquartered in Washington, D.C., and as you will find out in your research, EEOC field offices are located throughout the states. The EEOC investigates charges of discrimination in organizations covered by EEO laws. It is important to understand that EEO laws do not apply to all organizations. Employers must have a certain number of employees to be covered by the laws enforced by the EEOC. Generally, an employer must have at least 15 employees to be held accountable to EEOC laws. They must have at least 20 employees to be held to laws regarding age discrimination. The majority of all labor unions and employment agencies are also bound by EEOC laws (EEOC, n.d.-a). Title VII also covers private and public colleges and universities as well as employment agencies. You are encouraged to access the EEOC website in order to explore state EEO laws that are applicable to your organization. Now, let’s focus on federal laws that prohibit job discrimination.
Federal Laws Against Discrimination There are laws that make it illegal for an employer to discriminate or harass employees, former employees, job applicants, or applicants in a training or apprenticeship program. It is important to note that federal laws not only prevent employer discrimination but also prevent employee-to-employee discrimination. The laws prohibit discrimination or retaliation against employees who make a complaint against an employer, file a
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charge with the EEOC, participate in an investigation, or are involved in a lawsuit. Retaliation occurs when there is some type of punitive action taken by employers against individuals who exercise their legal rights. An example would be demoting someone who participated in an investigation about a sexual harassment charge; you cannot do this. The EEOC enforces several laws including Title VII of the Civil Rights Act of 1964 (EEOC, n.d.-a). Title VII of the Civil Rights Act: The first important and pivotal law that should be shared with leadership and employees is Title VII of the Civil Rights Act of 1964 (Title VII). In 1964, Title VII was signed into law by then- U.S. President Lyndon B. Johnson. This law makes it illegal for employers and organization personnel to discriminate against someone based on race, color, religion, national origin, or sex (EEOC, n.d.-a). These areas are commonly referred to as the protected classes of Title VII. Civil Rights Act of 1991: In 1991, Title VII was amended with the most complete civil rights legislation since 1964. Although it is considered an amendment and did not replace Title VII, it did strengthen it considerably in the areas of rights of women and minorities. It also added new legislation regarding compensatory and punitive damages. According to the EEOC (n.d.-a), the Civil Rights Act of 1991 strengthened legal protections for employers and allowed for jury trials and for successful plaintiffs to be compensated for damages in employment discrimination cases. There were also limits put on the compensation awarded for compensatory and punitive damages. In addition, when individuals are substantially underrepresented due to employment decisions, this creates an unfair playing field; therefore, this amendment also addresses disparate impact. Pregnancy Discrimination Act: This was another amendment to Title VII. You cannot ask a potential female candidate if she is pregnant or plans to have children, as it is illegal to discriminate against a female based on pregnancy, childbirth, or any related medical condition (EEOC, n.d.-a). The Equal Pay Act of 1963 (EPA): It is illegal to pay different wages to men and women in the workplace if they perform substantially equal jobs that require equal skill, effort, and responsibility and are performed under similar working conditions. An employer cannot pay lower wages based on gender (EEOC, n.d.-a). The Age Discrimination in Employment Act of 1967 (ADEA): Anyone 40 years and older is protected by ADEA (EEOC, n.d.-a). If you do not hire someone simply because of his or her age and it is not a bona fide occupational qualification (BFOQ), then this would be considered age discrimination. BFOQ is where there is a legitimate reason why someone can be excluded for an otherwise legal reason. In the case of age, let’s consider an airline that has a mandatory retirement age of 80 for its pilots. Not hiring an 85-year-old pilot would be an example of a non-hiring decision based on BFOQ, which would not qualify as discrimination. It is important to note the race is not an acceptable basis for a BFOQ. Title I of the American with Disabilities of Act of 1990 (ADA): In the private sector as well as in state and local governments, you cannot discriminate against a qualified person with a disability (EEOC, n.d.-a). The scope of this law is broad as it covers both physical and mental disabilities. Unless the employer can demonstrate that there is undue hardship, a reasonable accommodation must be made. A reasonable accommodation is a modification to the work environment or the job that will allow a person with a disability to perform the work required for the job. Title II of the Genetic Information Nondiscrimination Act of 2008: It is illegal to discriminate against employees or applicants because of genetic information. Requiring, obtaining, or interpreting genetic information cannot be used to make employment decisions (EEOC, n.d.-a).
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Landmark Cases The EEOC receives a plethora of discrimination complaints yearly. In 2018, the complaints and percentages of all charges filed were as shown below (EEOC, n.d.-c).
• Retaliation: 39,469 (51.6%)
• Sex: 24,655 (32.3%)
• Race: 24,600 (32.2%)
• Disability: 24,605 (32.2%)
• Age: 16,911 (22.1%)
• National Origin: 7,106 (9.3%)
• Color: 3,166 (4.1%)
• Religion: 2,859 (3.7%)
• Equal Pay Act: 1,066 (1.4%)
• Genetic Information: 220 (0.3%) Due to the high propensity for complaints, HR management personnel need to be aware of and stay on top of important landmark cases that are directly related to specific areas of HR. These cases set a precedent and may have an impact on the application of certain laws. Two cases that relate to discrimination laws would be Macy v Holder and Baldwin v Foxx (Register, 2017). Macy, a transgender woman, alleged that she was discriminated against because of her gender identity. Foxx asserted that he was not selected for a position because of his sexual orientation. In 2015, the U.S. Supreme Court found that under the 14th Amendment of Title VII of the Civil Rights Act, states must recognize and grant marriage licenses to same-sex couples while the EEOC interpreted the legislation to incorporate gender identify and sexual orientation.
Developing an Antidiscrimination Policy With this understanding of federal laws against discrimination, you can now recognize the importance of having an antidiscrimination policy. Even though this policy may not be required in your state or required by some federal laws, you realize that, to protect your employees, this is something you need to develop as an HR manager or director. It is important that the policy be consistently followed and enforced. It is also suggested that any policy be reviewed by legal counsel to ensure all applicable laws are followed. An antidiscrimination policy should be clear, concise, and inclusive. Let’s look at an example. Columbia Southern University (CSU) has established an EEO statement. The policy is shown below.
To provide equal employment and advancement opportunities to all individuals, employment decisions at Columbia Southern University will be based on merit, qualifications, and abilities. Except where required or permitted by law, employment practices will not be influenced or affected by an applicant's or employee's race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. Columbia Southern University will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. Columbia Southern University does not discriminate on the basis of race, color, national origin, sex, age, religion, disability, or any other protected characteristic in admission or access to, or treatment or employment in, its programs and activities. Any person having questions concerning CSU's compliance with the regulations implementing Title IX, Section 504, is directed to contact the Title IX Administrator. Any employee with questions or concerns about any class of discrimination in the workplace is encouraged to bring these issues to the attention of their immediate supervisor or the Human Resources Department. Employees may raise concerns and make reports without fear of reprisal.
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Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. (CSU, 2020, p. 8)
The importance of having such a policy cannot be understated. In this unit, the focus was on EEO and federal laws that were enacted to protect against discrimination. In Unit II, we will expand on EEO and its impact on recruiting and hiring practices. To expand on this unit’s concepts and to prepare for the next unit, you are encouraged to explore the suggested unit resources listed in this unit.
References Columbia Southern University. (2020). Columbia Southern University employee handbook. Register, T. M. (2017, March). The case for deferring to the EEOC’s interpretation in Macy and Foxx to
classify LGBT discrimination as sex discrimination under Title VII. Iowa Law Review, 102(3), 1397– 1425. https://link-gale- com.libraryresources.columbiasouthern.edu/apps/doc/A491092532/AONE?u=oran95108&sid= AONE&xid=72e6ed62
U.S. Equal Employment Opportunity Commission. (n.d.-a). Laws enforced by EEOC.
https://www.eeoc.gov/laws/statutes/index.cfm U.S. Equal Employment Opportunity Commission. (n.d.-b). Overview. https://www.eeoc.gov/overview U.S. Equal Employment Opportunity Commission. (n.d.-c). Statistics. https://www.eeoc.gov/statistics
Suggested Unit Resources In order to access the following resources, click the links below. The following web pages contain further information related to this unit’s topic of Equal Employment Opportunity. You are encouraged to visit each site to review not only the page referenced, but the wealth of other information on the sites. Consider bookmarking some sites for your future reference. U.S. Equal Employment Opportunity Commission. (n.d.). Statistics. https://www.eeoc.gov/statistics U.S. Employment Opportunity Commission. (n.d.). General non-discrimination policy tips.
https://www.eeoc.gov/employers/smallbusiness/checklists/general_non-discrimination_policy.cfm U.S. Equal Employment Opportunity Commission. (n.d.). Prohibited employment policies/practices.
https://www.eeoc.gov/laws/practices/index.cfm
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