Changing Workforce Discrimination in the

¶ … Changing Workforce Discrimination in the workplace has been illegal in the U.S. For more than four decades. Subsequent court cases have made it easier for victims to prove their claims of discrimination. But, diversity is more than just avoiding claims of discrimination. Changing demographics combined with expected labor shortages imply that companies need to embrace a diverse workforce to attract workers. But, this transition will not be easy. It will require significant changes in organizational behavior as well as modifications to policies and procedures. In Henderson v.

Irving Materials, Inc., et al. 94 FEP case 976 (S.D. Ind. 2004), Nathaniel Henderson, a black truck driver at Irving Materials, complained that he was subjected to racial harassment over a period of nine months by two co-workers (Zachary, 2005). Henderson stated that he complained to his immediate supervisor and that the supervisor was present during some of the incidents and even participated in them. The plaintiff further alleged that he complained to the general manager about several of the incidents.

Title VII of the Civil Rights Act of 1964 clearly prohibits discrimination in employment on the basis of race, sex, national origin and religion. Although the defendants in the case argued that their behavior was not motivated by race, the trail court found: In considering whether behavior constitutes a racially hostile environment under Title VII of the Civil Rights Act, courts look at the totality of the circumstances, including the social and historical context in which it occurs.

Second hand harassment, in which the victim is not directly subjected to racial comments, can still result in liability if the comments were directed toward the victim and the victim was intended to hear them. Events that occur outside the workplace can be considered part of a racial hostile environment when they are considered along with events that occurred in the workplace. Henderson v. Irving Materials demonstrates how well laws protect U.S. citizens from discrimination. However, this is not the case for illegal workers.

The case Hoffman Plastic Compounds, Inc. v. NLRB (00-1595) 535 U.S. 137 (2002) involved a worker without immigration papers who was working at a factory (Fisk and Wishnie, 2005). The employee claimed his employer violated the National Labor Relations Act (NLRA) by firing him for helping to organize a union. However, the United States Supreme Court held that undocumented workers are not entitled to remedies for violations of their rights to unionize under the NLRA.

The majority of the Court viewed enforcement of immigration policy prohibiting employment of undocumented workers as more important than protecting the labor rights of undocumented workers. Nevertheless, it is still unattractive for businesses to view the use of undocumented workers as a way to skirt labor protection afforded by U.S. laws. This year, the Senate voted that employers would face fines as high as $20,000 for hiring undocumented workers and have to screen all new hires for eligibility to work in the U.S. (Gamboa, 2006).

Repeated violators of the law could be sentenced to prison terms of up to three years. Further, millions of illegal immigrants will be granted legal status, meaning that will now be covered by U.S. labor laws. According to the Employment Policy Foundation, there will be four million more jobs than workers by 2011 with the gap contininuing to widen (The changing workforce). By 2030, there could be as many as thirty-five million unfilled jobs. Increasily, companies must adjust their workforce composition to maintain an adequate supply of workers.

Certain demographic groups are forecasted to grow more rapidly than others (Fullerton and Toossi). By 2010, workers aged 55 and over will account for a larger share of the U.S. labor force. The share of women in the labor force is projected to increase from forty-seven percent in 2000 to forty-eight percent in 2010. Among race and ethnic groups, the Asian and other labor force is projected to increase the most rapidly. The Hispanic labor force is projected to be larger than the black labor force due to faster population growth.

Overall, the U.S. Department of Labor predicts that by 2008, seventy percent of the new entrants into the workforce will be women and people of color (Companies focus on recruiting diverse workforce, but retention and promotion lag behind). Researchers predict that employers will soon be working hard to recruit or keep older workers who are now experiencing age bias (The changing workforce). To do so, businesses will have to offer incentives that are attractive to older workers.

Examples include health benefits that incorporate long-term care insurance and short- and long-term disability insurance, pension plans, and alternative work arrangements such as part-time and intermittent work, telecommuniting, phased retirement to gradually reduce work hours and working after retirement. Workforce diversity needs to be a key strategy for attracting workers in the coming years. Organizationally, companies should: (Companies focus on recruiting diverse workforce, but retention and promotion lag behind) Have HR and business processes in place to support diversity and a culture of acceptance.

View diversity as something that will enhance teamwork, decision making, and business results. Include the business case for diversity as part of business strategies and goals. Have HR and business leaders who understand what cross-cultural competence would look like in the organization. Have the resilience for a long-term process to achieve breakthroughs in diversity and inclusion.

A changing workforce will require companies to create new and revise their existing policies and procedures to suite the unique needs of distinct demographic segments (Companies focus on recruiting diverse workforce, but retention and promotion lag behind). Things such as health and retirement benefits, authority, and job satisfaction have different meanings for different races, genders and age groups. These differences can cause tremendous challenges inside an organization.

Diversity training has the ability to increase awareness, impart knowledge and educate employees further on how to accept differences among fellow employees (Diversity training). The main benefit of diversity training is to create a positive work environment by helping employees recognize and be tolerant of differences among co-workers. To remain.