Thursday, November 7, 2013

Equal Employment Opportunity

In my blog I will be going further in depth when it comes to equal employment opportunity (EEO) in the workplace. In the United States basing an individual job application on race, gender, disability, age, and religion etc. It is highly illegal and could result in law suit settlements, fines etc. My main three key focus will be on sexual harassment, American disability, and age discrimination in the organization. Employers should base their decisions on the education and level of experience he might have when applying for a job within the company.
American Disability
            The American disability law was designed to keep employers from discriminating against workers with mental or physical disabilities. “The law mandates that employers reasonably accommodate Individuals with disabilities who are qualified to perform the job” (Crampton, Suzanne M., and John W. Hodge). For an individual who is disable the employer must make the necessity changes to the job or work environment that gives the individual an equal opportunity to perform their sufficiently. “It has been estimated that there are 43 million Americans with disabilities, or approximately one in six of us…fewer men and women with disabilities are employed compared to those without disabilities (only 34% of men and 33% of women with disabilities compared to 95% of men and 82% of women without disabilities), and those with disabilities who are employed tend to work fewer hours on average (approximately one-third less) than those without disabilities” (Crampton, Suzanne M., and John W. Hodge). The ADA is put into place for employers with 15 or more employees to discriminate against a qualified individual with a disability. “The law covers all employment practices (i.e., recruitment, pay, hiring, firing, promotion, job assignments, training, leaves of absence, benefits, layoffs, etc.)” (Crampton, Suzanne M., and John W. Hodge). Under the ADA, a person is defined disable if they have a physical or mental impairment that limits that person in some major life activities, who has a record with such an impairment or who is regarded as having such impairment. “Organizations aren't required to provide a reasonable accommodation…undue hardship means that an "accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business" (Crampton, Suzanne M., and John W. Hodge). The ADA offers general guidelines in determining when there is an undue hardship becomes unreasonable and will place undue hardship on an employer. Here are some facts that employees with disability faced when hired, reasonable accommodation, and discharge: “Thirteen percent of all reported ADA complaints were in the area of hiring. Eighty-two percent of the reported ADA complaints were filed based on what happened to the individual after hire. Reasonable accommodation accounted for 23 percent of the reported complaints to the EEOC and federal courts. Finally, discharge accounts for nearly 50 percent of all complaints filed with the EEOC and federal courts” (Crampton, Suzanne M., and John W. Hodge). Furthermore, the ADA is establish to protect and help individuals with disabilities from being discriminated against on the job. If more companies make themselves aware of the ADA laws and provide reasonable accommodation would decrease the number of suits filed in court.
Age discrimination
            The Age Discrimination in employment act prohibits discrimination in terms, conditions, or privileges of employment against all individuals forty years or older. “The original Age Discrimination in Employment Act of 1967 (ADEA) protected workers between the ages of 40 and 65 who worked in firms with 25 or more employees (Age, 1967). The 1978 ADEA Amendments extended coverage to people up to 70 years of age in the private sector and to other workers without maximum limit in most government positions (Age, 1978)” (Gene G-Y Shen, and H. Kleiner Brian). It is unfair that most employers discriminate against applicants based on their age, whether they are young or old. If they qualify for the position why not hire them to work for the company. Amongst the people who face age discrimination is the younger people who are looking for work. “From the unemployment rates…one may argue that the age group of 55 and older has the lowest number, 3.0%, and discrimination in hiring does not seem to apply to this group. Also, the age group of 16-19 has the highest unemployment rate of 16.4%” (Gene G-Y Shen, and H. Kleiner Brian). The reason why the younger age groups have higher unemployment is due to that fact that older workers stay unemployed longer than younger workers. Many organizations have high standards for hiring older workers because they feel they will be more reliable and stay with the company. “Older workers tend to be less absent, less likely to quit and more satisfied with their jobs than younger employees. Older workers also tend to have fewer accidents than younger employees. With such favorable attitudes about older workers, why are there so many early retirement incentive programs and a lack of interest in hiring older workers?” (Gene G-Y Shen, and H. Kleiner Brian).
Sexual Harassment
            Sexual harassment is a great concern in the work organization and occur in a variety of workplace relationship. No one based on their occupation or profession is immune to sexual harassment. “Sexual harassment is far more pervasive and less obvious than physical assault and includes verbal behaviour and other forms of sexual expression. Verbal harassment includes sexual innuendoes, comments, and sexual remarks; suggestive, obscene, or insulting sounds; implied or overt threats; and sexual propositions, invitations, or other pressure for sex” (Kim, Steve, and H. Kleiner Brian). Sexual harassment is a form of hostility and aggression. It is also an abuse of power when a boss use it for their advantage. “It is not done in jest or "good fun"; rather it is done to intimidate and hurt others. It also is an inappropriate and unacceptable way to control others through degradation and intimidation” (Kim, Steve, and H. Kleiner Brian). Everyone deserves to be treated with dignity and respect. Sexual harassment can have some negative damage on an individual both economically and psychological. “Psychological and physical consequences include depression, helplessness, decreased work or academic performance, withdrawal, devastating impacts on family, insomnia, chronic fatigue, nausea, and other physiological complaints. Economic consequences include loss of job and attendant financial benefits, promotion, important work assignments, ostracism, and stigma” (Kim, Steve, and H. Kleiner Brian). There are two types of sexual harassment, one is quid pro quo and the second one is hostile environment. Quid pro quo is defined: “the harasser has taken away job benefits (e.g., discharge or demotion) because sexual favors on the part of the employee were not forthcoming" and hostile environment is defined : "(1) she belongs to a protected group, (2) she was subject to unwelcome sexual harassment, (3) the harassment was based on sex, (4) the harassment affected a term, condition or privilege of employment, and (5) [the employer] knew or should have known of the harassment and failed to take proper remedial action" (Greenlaw, Paul S., and Robert D. Lee, Jr). In order for sexual harassment to stop, the person who is being harassed must know where to go to report such inappropriate conduct. “The employer should have a procedure for resolving sexual harassment complaints…encourage victims of harassment to come forward and should not require a victim to complain first to the offending supervisor…file an effective complaint or grievance process and taking immediate and appropriate action when an employee complains…be confidentiality as much as possible and provide effective remedies, including protection of victims and witnesses against retaliation” (Kim, Steve, and H. Kleiner Brian).
            Furthermore, by having the equal employment opportunity in place will reduce the amount of discrimination in the work place. Whether it be discrimination based on disability, sexual harassment and age. EEO is put in place for organization to make better improvements on the job force.

Work Citied
Crampton, Suzanne M., and John W. Hodge. "The ADA and disability accommodations." Public Personnel Management Spring 2003: 143+. Academic OneFile. Web. 7 Nov. 2013.
Gene G-Y Shen, and H. Kleiner Brian. "Age Discrimination in Hiring." Equal Opportunities International 20.8 (2001): 25-32. ProQuest. Web. 7 Nov. 2013
Greenlaw, Paul S., and Robert D. Lee, Jr. "The legal evolution of sexual harassment." Public Administration Review 55.4 (1995): 357-364. Academic OneFile. Web. 7 Nov. 2013.
Kim, Steve, and H. Kleiner Brian. "Sexual Harassment in the Workplace." Equal Opportunities International 18.2-4 (1999): 20-2. ProQuest. Web. 7 Nov. 2013.

1 comment:

  1. Equal employment opportunity is very crucial in the American workplace today. It used to be easy for an employee to not get hired because of their race, gender, age, religion, if they were disabled, pregnant, and the list goes on. Now, there are many different laws and regulations saying that employers are not aloud to not hire or fire any employee or candidate because of these reasons. The EEO (equal employment opportunity) is a group that employees who have treated unfairly can write to them and the EEO is supposed to help them fight the company. One important thing the EEO deals with is the age discrimination act. This says that employers cannot fire or eliminate a candidate from the employee pool based on their age.