The relationship between compliance with legislative acts and valuing diversity is one of the methods that are used to ensure diversity without being used as a ploy to avoid lawsuits but to pursue diversity as the main goal(Myrtle, 2016).
Organizations that are based in countries that do not have the equal opportunity laws should enforce their own policies that reflect their value for diversity within the organization to ensure that diversity and inclusion are ensured. They should also sensitize their staff on the importance of diversity and inclusion and enforce rules and regulations that ensure equality is observed in recruitment, promotions and all other activities that the organization is involved in.
No, I do not know any person who has engaged in an employment discrimination lawsuit against and employer and prevailed.
Cases in hiring, Job segregation and compensation disparity are amongst the EEOC cases that have been documented. One particular case in hiring was based on the hostile work environment harassment that was directed towards minority groups in a gas and oil drilling company. One factor that would have encouraged such practices is the nature of the work and the desperation of the minority groups to have an income. Job segregation and compensation disparity in one of the cases was used as a means to eliminate black people from engaging in particular activities that would benefit them, reducing their pay and subjecting them to hefty fines. The existence of biased recruiters and managers fueled the situation since there was in one in power to defend the black community in the organization (“Significant EEOC Race/Color Cases”, 2016). I would recommend for greater penalties to be subjected to those who discriminate and mistreat their staff to discourage such behavior in the future.
Factors that may contribute to the persistence of these problems are a general lack of awareness and change of perspectives in those who discriminate, reinforcing discriminatory behavior, creating barriers that define people according to their race and lack of stringent measures in the organization against those who discriminate (Myrtle, 2016). The managers and leaders of the organization should not be the ones in charge of discipline since they also have a likelihood of being caught up in the same vices.
The law forbids all forms of discrimination when it comes to all aspects of employment (Myrtle, 2016). The particular case was discriminatory towards Melissa in that she was terminated for her relationship with her daughter who had disabilities. The condition of termination was not justified and was also not in line with the federal law that governs the terms of termination of service for any staff member.
One of the limitations of the federal law is regarding the prohibition of intentional discrimination and practices that have an effect of discriminating against people because if their birthplace, culture, linguistic characteristics, and culture (Myrtle, 2016). This becomes a limitation when a certain job requires employees to speak one language such as English or require an individual to have the physical strength to lift heavy machinery which may all present themselves as cases of discrimination.
The state laws for California guard against discrimination based on sexual orientation and gender identity similar to what is stipulated in the federal laws. The difference is that the state law is more specific in that the employee is allowed to pursue administrative remedies and file after exhausting other avenues.
Canada’s legislation seeks to ensure equal treatment of employees regardless of historical oppression or identity. In absence of these laws, organizations can formulate policies and procedures to ensure equality is maintained.
- Myrtle, P. (2016). Diversity in Organizations (2nd ed.). Arlington: University of Texas.
- Significant EEOC Race/Color Cases.(2016). Eeoc.gov. Retrieved 7 September 2016, from https://www.eeoc.gov/eeoc/initiatives/e-race/caselist.cfm