DISCRIMINATION IN THE WORKPLACE 8
Discriminationin the Workplace
Discriminationin the workplace exists in areas such as hiring, compensation, andpromotion. Over time, employers engage in biased policies in the nameof company policies and rebranding. The issue generates adverseeffects on the welfare of employees, especially the low-incomeearners. Minority and marginalized groups such as women and oldemployees are primary victims of discrimination in the workplace.Fortunately, governments and non-state actors have developedinitiatives and legislations aimed at discouraging discrimination andunfairness. In the US, both the federal and state agencies haveformulated several pieces of legislations to address the matter.Non-discrimination Act and the Equal Pay Act of 1963 are some of thelaws in the US that safeguard the interests of employees. Besides,the federal government created the American Equal EmploymentOpportunity Commission in 1965 to supervise and enforce fair laborpractices.
Thepaper considers the legal case, EEOC v. RCH Colorado, to helpunderstand the functions of EEOC and implications of discriminationin the workplace. The paper will also examine the managementstrategies that ensure compliance and inclusion in a multiculturalwork environment. EEOC charged RCH Colorado for discriminatingemployees on the basis of gender and age. Since legislations cannotfully eliminate the matter, formulation of proper and fair HRpractices is necessary for a multicultural setting.
ReserveCasino Hotel was sued by Equal Employment Opportunity Commission(EEOC) for sex and age discrimination in 2015. It was alleged thatthe firm discriminated against female and older applicants who soughtemployment. The organization breached the federal law for failing tohire competent and qualified female and older candidates. TheAmerican laws require firms to exercise fairness in hiringindividuals. The regulations discourage discrimination irrespectiveof sexual orientation, physical abilities, religion, and gender. EEOCclaimed that RCH Colorado hired about 240 employees in 2011 after itsacquisition of the Fortune Valley Hotel and Casino. The firm, under anew owner, failed to employ female and older applicants. Instead, RCHColorado chose to hire younger and male applicants, where some wereless qualified.
Investigationsby EEOC revealed the extent of discrimination in the company, againstthe spirit of fairness and non-discrimination. The Age Discriminationin Employment Act (ADEA) safeguards the interests of employeesagainst prejudice on the basis of age, gender, and sexualorientation. Still, the Civil Rights Act of 1964 (Title VII)prohibits employment discrimination based on gender. RCH Coloradoviolated the two pieces of legislation. Backed by the preliminaryinvestigations, EEOC filed a case at District Court of Coloradoagainst the company. In the case, EEOC v. RCH Colorado, EEOC soughtto have monetary damages paid to four older female applicants as wellas other victims. The body also required the courts to place aninjunction preventing the company engaging in further discrimination(Equal Employment Opportunity Commission, 2016).
Functionsof Equal Employment Opportunity Commission
TheUS Equal Employment Opportunity Commission (EEOC) is a governmentagency charged with the responsibility of enforcing legislationsagainst discrimination in the workplace. The body investigatescomplaints in companies from where EEOC proceeds to make decisions onwhether to charge an organization or not. EEOC protects employeesagainst discrimination based on sexual characteristics, age, gender,religion, nationality, and physical abilities, among others. Createdin 1965, EEOC arbitrates and settles numerous discriminationcomplaints in the US every year. The body can also filediscrimination lawsuits against firms in aid of the victims. EEOCalso arbitrates cases brought against federal and state agencies(Equal Employment Opportunity Commission, 2003).
Implicationsof the Lawsuit on Social Change
Thelawsuit, EEOC v. RCH Colorado, has great significance in addressingthe unfairness and prejudice in both public and private companies.The court declared that the Reserve Casino Hotel should pay 250,000dollars to settle the case (Equal Employment Opportunity Commission,2016). Further, the court required the company to engage ininitiatives that promote anti-discrimination policies. Theconsequences of the lawsuit generate valuable lessons for employersand employees. In fact, it will promote social change through thecreation of awareness to the public. Employers will learn theimportance of fostering anti-discrimination policies as well asengage in human resource activities that do not prejudice employeesbased on sex and age.
Additionally,employees will understand their rights, including the bodies toforward their complaints against employers. The change generated willbe instrumental in informing other social institutions and frontiers.It is noteworthy that discrimination does not only occur in theworkplace but also happens in other social areas. There exist otherforms of discrimination such as physical abilities, religion, andrace. Companies need to promote a working environment that considersthe diverse characteristics and interests of all stakeholders. Themove is instrumental in the creation of an adorable society (Bell,2012).
ManagerialInitiatives to Promote Equality
Themanagement team in any organization has a responsibility to ensurestrict adherence to employment laws. It is thus important for firmsto identify policies that would improve fairness in a company. Thestrategies need to work closely with the regulators to create aharmonious working environment that is devoid of discrimination.Regular anti-discrimination training for employees and managers isessential to promote appropriate policies (Bendl, Fleischmann, &Hofmann, 2009). Bendl, Fleischmann, and Hofmann (2009) observe thatmanagers need to engage in fair and reasonable human resourcepractices. All HR processes such as promotion, remuneration, andrecruitment should be conducted following the standard and bestpractices.
Inthe development of HR strategies, employers should make a greatreference to the existing labor laws in their jurisdiction. The movewill help in eliminating the likely legal challenges arising fromnon-compliance with labor laws. Diversity is inevitable in thecurrent business environment. It is thus appropriate for managers torecruit employees from all groups irrespective of race, gender, andage. As such, managers should work towards supportingunder-privileged employees and marginalized groups such as old,female, and physically-challenged employees. Besides the compliancerequirements, employees should treat one another with great respectand trust. In fact, laws cannot fully eliminate the adverseconsequences arising from diversity in the workplace. Everyindividual has a role to play in enhancing the realization of theexpected results (Equal Employment Opportunity Commission, 2003).
Diversitymanagement initiatives are appropriate in a multicultural setting.The manager should also identify the groups at higher risks, andoffer the necessary assistance. Proper human resource schemes canhelp enhance equity in the workplace (Bell, 2012). Compliance withthe equality laws is a major step towards addressing the negativeeffects arising from diversity. The mechanism allows employees toreport incidences of poor employment practices in the workplace. Thefindings from the case show the importance of embracing diversity inthe workplace. The approach has considerable benefits, especially inthe current society where the globe is interconnected.
TheEEOC press release has great significance to people interested inunderstanding the functions of the agency. The major differencebetween the press release and news item is that the later indicatesthe case judgment. The news item considers other important issuessurrounding equal labor laws. The jury in the case argued thatemployers cannot use rebranding to discriminate against certaingroups based on gender and age. The outcome of EEOC v. RCH Coloradocase is a reflection of implications of failing to comply with theanti-discrimination laws. Unfortunately, cases of prejudice againstolder women in the workplace continue to increase by the day. Thecase shows the significant commitment by EEOC to protect employeesfrom poor HR practices (Equal Employment Opportunity Commission,2016). Besides formulating appropriate policy, employers need totrain their staff to understand the content of anti-discriminatorylaws. The policy needs to consider the effectiveness of the policy.According to Equal Employment Opportunity Commission (2013), it isprudent for employers to create dispute and complaints resolutionmechanism. In fact, the body recommends companies to look beyond thebasic legal requirements established EEOC.
Employersneed to provide equal opportunities for all employees irrespective oftheir gender, sexual orientation, age, religion, and nationality.Fairness and non-discrimination benefit staff and employers. Failureto comply with the established labor laws has adverse effects onemployers, including lawsuits and financial loss. Fortunately, thegovernments in many nations around the world, not just in the US,have created laws to protect employees. The participation andcooperation of the management and staff are essential to enhance thesuccess of managerial initiatives towards eliminating discrimination.Regular checks and audits are necessary to evaluate the progress ofthe plan. It is also indispensable for the plan to conform to thelegislations and policies initiated by authorities. Embracing theproposed initiatives will go a long way in creating an environmentfor the optimal productivity of all employees, irrespective of age,gender, ethnicity, and abilities.
Bell,M. (2012). Diversity in organizations.Mason, Ohio: South-Western College.
Bendl,R., Fleischmann, A., & Hofmann, R. (2009). Queer theory anddiversity management: Reading codes of conduct from a queerperspective. Journal of Management andOrganization , 625-638.
EqualEmployment Opportunity Commission. (2003). Federallaws prohibiting job discrimination: questions and answers.Washington, D.C.: U.S. Equal Employment Opportunity Commission.
EqualEmployment Opportunity Commission. (2016). ReserveCasino Hotel to Pay $250,000 to Settle EEOC Age and SexDiscrimination Lawsuit. Retrieved July11, 2016, from https://www.eeoc.gov/eeoc/newsroom/release/7-6-16a.cfm