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.
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.
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