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Another practical application of this knowledge comes from a couple of different cases, where a company won a case because it had documented past indiscretions of the worker and another company lost because it did not have a well-documented history of poor performance. In the latter case, the company's contention that the firing was for poor performance was viewed by the court as a pretext for dismissal, and the employee won her case.
This material relates to Chapter 3, which covers the Civil Rights Act and workplace discrimination. Workplace discrimination is a challenging issue for companies. While there is some clarity in the statutes and case law, some areas are still evolving, as this article shows. The article also highlights the different variables that come into play once a lawsuit has been undertaken by an employee....
It is worth considering for an HRM professional that knowing the law is a great way to prevent such cases from ever reaching court. Litigation is a very expensive way of resolving grievances, so companies should ensure that HR departments have full knowledge of the laws surrounding civil rights and workplace discrimination. In most cases, some interpretation will need to be made on the part of the courts. It is too bad that the article did not actually come to a conclusion about the watermelon comment -- there were other factors that worked against the employee so that comment was not the central issue of the case. Managers also need to be aware of what constitutes discrimination and under what circumstances the company can face a discrimination or wrongful dismissal suit. This article and others like it can provide…
Discrimination in the Modern Workplace With the 21st century workplace ahead of us and a country full of diversity surrounding us, the changing ethnic, racial, age, and gender composition of the workforce will become more evident in the years to come. This modern workplace will bring in a group of diverse employees to accompany tighter labor markets and changing worker demographics. These changes in the modern workplace will have important implications
I have been discriminated against, which has caused my self-esteem to fall, and now I am stuck, with few role models to follow. Bill's success has probably been thwarted by more sources than the today's average black or female, but there is no provision in preferential hiring for him. Just like no one can control his or her race or skin color, Bill's obesity is caused by a medical
Johnson v Transportation Agency (1986) The two above cases both resulted in a broadening of the scopes and protections of the Civil Rights Act via jurisprudence. In Johnson v Transportation Agency (1986), a very different result was reached that shows the changing nature and understanding of discrimination and how it work in society. The difference in this case is also directly and explicitly related to the differences in the original plaintiffs
Professionalism in the Workplace Prejudice is a favorable or unfavorable judgment or opinion toward a person or group based on one's perception of an individual, group, or situation. Prejudice and discrimination in the working environment are severe offenses that could contribute in serious penalties. Prejudice in the workplace usually arises because the working environment is made of people from varying social, cultural, and racial backgrounds. These individuals tend not have much
Preventing Workplace Discrimination The relevance of enhancing equality at the workplace cannot be overstated. It is important to note, from the onset, that discrimination at the workplace could assume various forms. These include, but they are not limited to, discrimination on the basis of religion, gender, race, handicap or impairment, or some other disposition. This text concerns itself with the prevention of workplace discrimination. What are some of the measures a company
Workplace discrimination can be understood as an inappropriate, unjustifiable treatment towards a person or a set of people at the workplace. Such undesirable treatment is based more often on people's race, ethnicity, age, marital status, sex or other describing characteristics (Australian Human Rights Commission, n.d). Workplace discrimination can give the impression of a repudiation of particular civil liberties, neglectful treatment, deliberate undervaluing of an employee's character or work outcomes and