Employers Discrimination Should Employers Be

Employers Discrimination

Should Employers be Able to Discriminate?

Discrimination is a serious concern in today's society which attempts to be politically-correct and equal opportunity. While prejudices and biases against many groups run heavily just below the surface of the social structure, they are nonetheless considered to be unacceptable by the majority of the public population. Businesses are no longer allowed to mark their facility as "For Whites Only" and prevent non-Whites from entering, nor are landlords allowed to refuse to rent to a person based on their lifestyle choices. Employers face a particular dilemma when hiring new employees, as there are very strict laws (some being national laws, while others are regional laws) that prevent them from discriminating against people based on unfair criteria. Sexual orientation, race, gender, and religion are among the reasons that employers are not allowed to take into account when making hiring decisions. However, some people argue that employers should have the right to make decisions based on any criteria they feel will have an impact on the success of their business and the satisfaction of their customers. Many employers continue to discriminate, but their discriminatory practices are kept secret and not discussed openly so as to avoid social stigma or legal repercussions. There are many common ways that employers unfairly discriminate against their employees, and steps that should be taken by employers to ensure this unfair discrimination does not occur. There is only one criteria by which employers should be allowed to discriminate against employees, and that is on the basis of that employee's ability to complete the duties and responsibilities which are inherent to completing the job he or she has been hired to perform.

Many different forms of discrimination occur in businesses. Employers may discriminate against employees or perspective employees because the employee is different from the employer or other employees in some way, such as being of a different ethnicity, religion, or gender. Employers may believe that employees that are of a certain group will discourage customers or attract unwanted clientele, or that bringing an employee into the company that does not fit in with the other employees will cause inter-personnel difficulties. Employers may also simply have prejudices against a certain kind of person, such as believing that all Mexicans are alcoholics and will not be reliable, or that women are not intelligent enough to keep up with the workload.

One kind of discrimination is Direct Discrimination, which means that a person is treated poorly compared to others due to their race, gender, or other personal traits unrelated to ability. Indirect Discrimination is when policies or judgments are made that are not directly based on a specific prejudice, but rather which are extremely difficult for certain types of people to satisfy therefore making it impossible for that group to have fair treatment. (For example, requiring all employees to have a "professional" appearance, then defining any styles of clothing or hairstyles associated with certain ethnic groups to be unprofessional, would be a form od Indirect Discrimination. (Ball)

There are many reasons, beyond meeting legal requirements, that businesses should not discriminate based on irrelevant criteria and in fact promote diversity. Having a diverse workplace can be the wellspring of creativity as different people bring their own perspectives, life experience, and abilities together to form new ideas. Employers, and managers within a company, must first be aware of diversity issues such as culture and race issues.

Then, policies should be put into place that protect individuals within the company from being subject to discrimination and prevent discrimination from playing a part in hiring new employees. "Many organizations have adopted a Sex Discrimination...[and/or] Race Relations Policy that requires gender equality in all areas of employment including the selection process, opportunities for training, promotion, benefit provision, facilities and dismissal." (Ball) One way that employers must stop the discrimination from occurring is by adhering to the rules regarding what questions are considered appropriate (and legal) during a job interview and on a job application. "In interviewing prospective employees, there are a number of things an employer is prohibited from asking the applicant. These include: (1) his/her religion; (2) whether s/he is a member of a union; (3) whether s/he has a disability (although questions relating to ability to perform the job are permissible); and (4) questions designed to exclude employees on a prohibited discriminatory basis." (Free Advice)