PROBLEMS OF GENDER DISCRIMINATION AT WORKPLACE
The U.S. Equal Employment Opportunity Commission (EEOC) is the body of government that enforces federal laws governing discrimination in the workplace. These include such aspects of discrimination as age, sex, gender, race, color, national origin, disability, religion or genetic information. There are several types of discrimination a woman may be a victim of in the workplace. EEOC laws govern all types of discrimination in all types of workplace situations.
Hiring and Firing
The EEOC prohibits discriminating against women in hiring and firing practices. An example of discrimination in hiring practices would be if an employer interviewed both a male and a female with equal qualifications, but chose to hire the male because certain clients are more comfortable working with a male. Additionally, if an employer must lay off several employees to cut costs, and chooses to fire a woman who has greater seniority than a man with equal qualifications, this would be an example of discriminatory firing practice.
Promotions and Job Classification
Employers are also prohibited by law from discriminating against women when promoting employees or choosing job classifications. Employers may not promote one employee over another based simply on gender. The same is true for adjusting job qualifications. Job classifications often change as an employee takes on additional duties and extra hours. A change in job classification will usually require a change in pay to reflect the additional duties. If an employer is quick to change job classifications for men while allowing female employees doing the same work to remain in a lower job classification, this is an example of discriminatory employment practices.
Benefits and Pay
According to the EEOC, The Equal Pay Act of 1963 (EPA) protects both males and females "who perform substantially equal work in the same establishment from sex-based wage discrimination." Employers are prohibited from paying male workers at a higher rate when they perform the same work as female coworkers. Employees of both genders are also entitled to equal benefits.
Sexual Discrimination
The sexual discrimination portion of Title VII of the Civil Rights Act of 1964 specifically covers both sexual harassment and pregnancy-based discrimination. Sexual harassment includes both direct and indirect sexual advances that create a hostile work environment for employees of both genders. Title VII also states that "pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.
Types of Discrimination in the Workplace.
Employment discrimination can take a number of forms, including illegal hiring and firing, on-the-job harassment, denial of a worker's promotions or raises and unequal pay. There are a number of federal and state statutes that protect employees from discrimination in the workplace, including the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act of 1967.
Start in the classroom by teaching children that gender discrimination is not right. If girls are offered equal opportunities both academically and in their careers, they will grow up to enter the workplace assured that their talents and abilities will not be overlooked.
Illustrating to men that there is a no-tolerance policy on discriminating against women will prevent perfectly capable women from being dismissed from promotion possibilities, as in the case of Price Waterhouse v. Hopkins (1988). Miss Hopkins was passed over for promotion based on her appearance. The U.S. Supreme Court found in her favor that she had been unduly treated. Under article VII of the Civil Rights Act, she was awarded an undisclosed settlement.
Age
Employers may not discriminate based on an employee's age, provided that the employee is over the legal age for employment in the state.Gender
It is illegal to discriminate against an employee on the basis of gender.Religion
Employers may not fire, censure, or otherwise discriminate against workers because of their religious affiliation.Disability
Federal law prohibits workplace discrimination on the basis of disability, as defined under the Americans with Disabilities Act.Marital Status
Marital status is a protected designation under federal law. Employers may not discriminate against employees based on whether or not they are married.Citizenship
Provided that employees are legally authorized to work in the United States, discrimination on the basis of citizenship is barred by law.Why Discrimination Is an Issue at Work
Workplace discrimination involves subjecting someone to negative treatment, different from that of other employees, because of that person's gender, age, race or other characteristics. Certain types of workplace discrimination are illegal. Other types not explicitly prohibited by law are just as harmful both to the victim and to the overall health of the workplace.
- The Equal Employment Opportunity Commission, or EEOC, enforces laws against workplace discrimination. A local Fair Employment Practice Agency will investigate a discrimination claim. If the agency finds evidence to support the claim, the agency acts as a mediator, attempting to reach an agreement between the victim and the discriminating party. If this is unsuccessful, the agency may choose to initiate a federal lawsuit. Regardless of the agency's findings, the victim may choose to file a lawsuit independently.
- Because workplace discrimination has been a persistent issue, several federal acts prohibit discrimination based on certain characteristics. These characteristics are protected classes. The Civil Rights Act of 1964 prohibits discrimination based on "race, color, religion, sex or national origin." The Age Discrimination in Employment Act prohibits age-based discrimination against people age 40 and older. The Equal Pay Act prohibits paying someone an unequal wage based solely on gender. The Americans with Disabilities Act and the Rehabilitation Act protect qualified disabled individuals. Although as of 2010 there are no federal laws protecting against discrimination based on sexual orientation, some states and cities prohibit this type of discrimination.
- Workplace discrimination occurs in every employment sector. Despite federal laws, discrimination claims have risen, rather than diminished, in the last decade. In 1999, the EEOC received about 77,400 claims. By 2009, that figure had risen to more than 93,000. Of the charges filed in 2009, 36 percent were race based and 30 percent were on gender. Discrimination victims received $210 million in monetary benefits in EEOC-pursued cases in 1999 and more than $294 million in 2009.
- Workplace discrimination can result in significant financial cost to a company and its shareholders. For example, six major companies have paid out an average of $136 million each in class-action lawsuit settlements in recent years. Female employees initiated a class-action lawsuit for gender-based discrimination against a major retail corporation in early 2010, which may prove to be one of the largest suits of its kind in history.
- Discrimination has long-term implications for the workplace aside from the direct financial cost of legal proceedings and settlements. When companies discriminate in hiring and promoting practices, the people holding important jobs are not necessarily the most qualified candidates. This reduces workplace efficiency and ultimately costs the company money. A company's reputation is at stake when it engages in discriminatory practices. Notable recent examples include a major oil company facing allegations of gender-based discrimination, and a leading family restaurant chain, charged with both racial and sexual orientation-based discrimination. A 2005 Gallup poll showed that employees felt the lowest levels of job satisfaction and morale when discrimination was an issue in the workplace. Low morale led to high job turnover rates, costly to companies.
Legal Proceedings
Types of Discrimination
Prevalence
Financial Cost
Productivity and Turnover
How to Eliminate Gender Discrimination.
Gender discrimination remains one of the more ubiquitous types of discrimination in the world. It is important to eliminate this form of discrimination. The Civil Rights Act clearly lays out certain laws, but they are still being circumvented.
Non-discrimination Policies
In the workplace, it is vital that employers set out clear company policies regarding their non-discriminatory rules. Addressing clear points as to why people should not be discriminated against based on gender helps co-workers to understand the effects of such treatment and the consequences of not obeying the rules.Education
Start in the classroom by teaching children that gender discrimination is not right. If girls are offered equal opportunities both academically and in their careers, they will grow up to enter the workplace assured that their talents and abilities will not be overlooked.
Education at Work
Illustrating to men that there is a no-tolerance policy on discriminating against women will prevent perfectly capable women from being dismissed from promotion possibilities, as in the case of Price Waterhouse v. Hopkins (1988). Miss Hopkins was passed over for promotion based on her appearance. The U.S. Supreme Court found in her favor that she had been unduly treated. Under article VII of the Civil Rights Act, she was awarded an undisclosed settlement.
How to Stop Discrimination in the Workplace
Discrimination is still a large problem in society and in the workplace. It can be a difficult issue to curtail because there are many different types of discrimination that can affect people's behavior and perceptions. Employees can be discriminated against because of their race, sex, sexual orientation, ethnicity and even age. Each of these issues has its own sensitivities and problems but stopping discrimination in the workplace requires an across-the-board ban on unequal treatment and vigorous enforcement on behalf of managers and employees.
Instructions
- Accept that people have biases. The goal in removing discrimination is to not necessarily change people's perceptions, but rather to ensure those perceptions do not influence their behavior towards other workers. It is easier to alter a behavior than a belief.
- Establish specific policies that apply to all employees equally and put them in writing. If a rule is broken, the subsequent punishment needs to be the same for any employee who breaks that rule. Likewise, rewards for good behavior need to be the same. Keeping incentives and disciplinary measures standardized helps eliminate personal feelings that can result in favoritism or discrimination.
- Maintain open communication with all employees so there is a way for complaints and possible discrimination to be expressed to management in a timely manner. These complaints also need to be promptly addressed and investigated.
- Question decisions before they are made to search for any hidden biases. If you are about to make a decision that can affect an employee, take into account if the employee has any factors about him that could foster discrimination. If he does, make sure that your decision is in no way affected by this factor. If it isn't, move forward with your decision. If it is, alter your planned course of action or discuss the issue with other managers or higher-ups before an official decision is made.
By Vivian Pearson, eHow Contributor.
http://www.ehow.com/facts_5016263_types-discrimination-workplace.html
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