Discrimination at the Workplace: Legislations Regarding Discrimination Essay
Introduction, equal pay act (1963), the 1964 civil rights act: title vii, disparate treatment vs. disparate impact, quid proquo/hostile working environment, reference list.
Discriminating individuals at the workplace on the basis of their age, creed, gender, disability, race, or national origin is illegal. The 1960s are regarded as ‘turbulent times’ in as far as the issue of discrimination at the workplace is concerned. In order to overcome this vice, it became necessary to implement certain legislations.
Consequently, dramatic changes were made to help curb discrimination at the workplace. Businesses today can now enjoy more diverse and larger pools of employees because they are increasingly adapting procedures and policies that ensure that the hiring and firing processes of employees does not take place along racial, gender, age, disability, nationality, or creed lines (Hernandez, 2009).
Legislation to help curb workplace discrimination goes as far back as during the medieval times in Europe, when the feudal systems were still popular. This was also the time when slavery was enshrined in the European culture. It was also a period of child labor and sweatshops, not to mention indentured servitude.
Owing to the various forms of discrimination that employees were exposed to at the workplace, they therefore demanded for legislation to help curb the trend (Hernandez, 2009). In the United States, legislation took place during the 1960s, a period that is popularly known as ‘the turbulent 1960s’. There is a need to explore the various legislations regarding discrimination in the workplace and how they have impacted on the welfare of employees.
The legislation of the Equal Pay Act in 1963 ensured that women received equal pay to that of their male counterparts. In addition, the Equal Pay Act also allowed minority groups to enjoy equal pay just like their fellow employees from the other larger groups (US Equal Employment Opportunity Commission, n.d.).
During this time, there was also discrimination with regard to job advertisements. For example, employment ads would list job descriptions along the gender divide. As a result, there would be ‘jobs for men’. As can be expected, such jobs were better paying in comparison with similar jobs that targeted women. This was the case even when the two jobs had more or less the same description, the only difference being the gender.
The requirement of the Equal Pay Act is that one sex cannot have their wages lowered as a way of preventing an increase on the wages of another sex. Nonetheless, a number of employers are still embroiled in a heated debate on what exactly constitutes equal pay.
Accordingly, several employers have even gone to the extent of altering job titles and changing some of the peripheral requirements associated with a given job title in order to ensure that men earn more than their female counterparts (US Equal Employment Opportunity Commission, n.d.).
Even during the 1970s, sexual division was very evident in newspapers ads, such as the ‘Help Wanted’ ads. As such, it became increasingly difficult at the time to establish whether or not the requirements were similar. In recent decades however, women have continued to enjoy equality at the workplace.
Although the Equal Pay Act was faced with numerous problems during the initial implementation stages, on the other hand, it has over the years impacted positively on women’s wages. Although cases of disparity in ages between men and women still remains, nevertheless, the gap that existed during the 1950s has considerably narrowed.
Prior to the passing of the 1964 Civil Rights Act, employees would have their job applications rejected by potential employers on grounds of their race, gender, religion, or national origin. An employee seeking for promotion at the workplace would often have his/her request turned down on the basis of the aforementioned factors as well.
In addition, employers would decide not to award a certain assignment to a specific employee because he/she was white, black, male, female, a Christian, or a Muslim. This was all illegal. The passing of the 1964 Civil Rights Act was especially a welcome respite for the African-Americans who had hitherto undergone through untold misery and discrimination at the workplace mainly due to the color of their skin.
The passing of the 1964 Civil Rights Act was triggered by nationwide demonstrations, although these were more prominent in the South (CongressLink, 2006). This particular legislation also encompassed Title VII, a wide scale prohibition of workplace discrimination on the basis of sex, race, national origin, color, and religion.
Save for several exceptions, the law was for the most part all-inclusive and was very instrumental in helping to amend past issues. With time, human resource department in different organization across the country embraced Title VII and with time, it became the standard operating procedure.
However, there were evident gaps on the issue of disability and age and as time went by, the two issues were brought to the forefront. However, with the passing of the 1964 Civil Rights Act by Congress, it became illegal for employers to discriminate employees on the basis of their religion, race, national origin, color, and sex (CongressLink, 2006). Through this law, employees within an organization are protected from possible discrimination by their employers. In addition, the law also protects job applicants.
Further, the law requires that all organizations with over 15 employees abide by the established rules under Title V11 of the 1964 Civil Rights Act. In addition, the law was also instrumental in the establishment of the EEOC (Equal Employment Opportunity Commission), a body charged with the responsibility of implementing this particular law, along with other laws that seeks to protect employees against discrimination at the workplace (CongressLink, 2006).
One might then wonder, how exactly does the 1964 Civil Rights Act protect an employee against discrimination by an employer at the workplace? According to the EEOC, no employer should recruit or fire an employee based on one’s race, gender or national origin, gender.
Accordingly, during the process of recruiting candidates for a job vacancy for example, an employer is prohibited from discriminating the candidates on the basis of the aforementioned factors. The same case applies in when testing the applicants, or while advertising for a given position within the organization.
Further, the EEOC stipulates that an employer cannot use a worker’s race, religion, color, gender, or national origin as the yardstick with which to fire or promote him/her. The EEOC also requires employers to desist from using this information at a time when they are involved in the task of allocating duties to workers. In addition employers are not allowed to fringe benefit or retirement leave based on one’s gender, race or religion.
A disparate treatment occurs when there is evidence to suggest that a member of a certain protected groups has been seen to have received less favorable treatment in comparison to members of another protected group under otherwise similar circumstances based on an impermissible criterion as spelt out by Title VII (Peffer 2009).
The main issue that needs to be addressed here is the motivation behind the intentions of an employer that is, whether or not an employer executed these actions with the intention of discriminating an employee. Nonetheless, proof of evidence is normally required and in this case, it could be a case of circumstantial evidence, if not indirect/direct evidence. Disparate treatment symbolizes the simplest form of illegal discrimination.
A very fundamental question that could find use in testing for disparate treatment is whether the employment decision under investigation would be any different if the employee’s color, gender, race, national origin, religion, disability, and age was different? Title VII prohibits employers from treating a group of employees differently in comparison with the treatment gotten by other employees on grounds that they belong to a different protected class.
The same case applies to job applicants (Peffer 2009). In disparate treatment, the main issue is to decide if the actions of an employer were motivated by the intention to discriminate, and such proof can be obtained through circumstantial or direct evidence.
In a case whereby disparate treatment is involved, often times, the claim of the employee is that he/she was treated differently by their employer, in comparison with the other employees under the same working conditions. For instance, Naomi and Paul may skip work one day and the employer decided to fire Naomi and not Paul.
In case there is compelling evidence to support the claim that indeed, Naomi was fired because she is female, at that point, this case becomes a form of disparate treatment, on the basis of sex. It is therefore a violation of Title VII of the Civil Rights Act. On the other hand, if Naomi was fired based on her deteriorating attendance record, then the case becomes a disparate treatment, on the basis of difference in attendance.
From such a perceptive, the firing is lawful. In a case whereby a disparate impact is involved, the employer is deemed to have a practice whose impact is greater on one group in comparison with another. For instance, the employer may fail to hire janitors who lack a high school diploma. Such a decision could impact greatly on the entire African Americans, in comparison with the whites.
Title VII forbids employers from utilizing an employment practice that is facially neutral and in such a manner as to impact negatively on certain members of a protected class. This is the case even if the employer in question is not acting under the motivation of discriminatory intent. Occasionally, disparate impact is labeled unintentional discrimination. Violations of the law under disparate impact could occur due to an intentional error committed by an employer.
The underlying principle of disparate impact is evidence that a number of employment decisions, policies or practices impact negatively on a certain class of employee more than it does a different class (Peffer 2009). There is need for employers who are still stuck with different policies and practices in arriving as work-related decisions to be completely wary of any form of statistical disparity on the basis of national origin, sex, or race.
There are two forms of sexual harassment at the workplace. On the one hand we have sexually harassment acts in which a consideration is involved, better known as “quid pro quo” (translated, this means something for something. On the other hand, there are acts of sexual harassment that falls under a “hostile environment”.
The two forms of sexually harassment are illegal at the workplace. In the first forms of sexual harassment (“quid pro quo”), by and large, persons performing the act are usually those in power, that is, a manger or supervision (Hernandez, 2009).
On the other hand, in “quid pro quo”, the victim often feels that she or he needs to respond to or perform a sexual advance with the intention of gaining something in return. There is need to appreciate the fact that sexual advance acts should not occur at the workplace. In addition, in order that “quid pro quo” may apply, victims are not obligated to act or respond to sexual advances.
The “hostile environment” requires the victim to demonstrate the offender’s pattern on conduct. For the most part, the “hostile environment” form of sexual harassment is usually underreported at the workplace.
This is because a majority of the victims are least prepared in as far as the documentation of exercise of the events of sexual harassment is concerned. In order to qualify as sexual harassment, an established pattern needs to be in place (Hernandez, 2009). In addition, it is important to demonstrate that the pattern in question has resulted in a deterioration of the victim’s work setting.
By the same extension, the Supreme Court requires that a form of physical or invasive event must be involved in order that an act of sexual may be categorized as such. Sexual harassment contravenes section 703 of Title VII and as such, it is punishable by law. An employer could be held liable for sexual harassment at the workplace in case there is enough evidence to prove that indeed, he or she has conducted this act. Depending on the nature of the sexual harassment, the perpetrator could be imprisoned or fined, or both.
Prior to the 1960s, discrimination at the workplace on the bass of gender, race, national origin, age creed and disability was quite rampant in the United States. The ‘turbulent’ 1960s therefore was an important era in the history of the United States because it led to the implementation of various laws aimed at reducing incidences of discrimination at the workplace.
This implementation started with the 1963 Equal Pay Act. Under this Act, women would now enjoy equal pay in comparison with their male counterparts. Although the new law made slow progress, nonetheless, it was a major milestone for women. In 1964, Congress passed the Civil Rights Act. According to Title VII of the United States’ Civil Rights Act, employers are forbidden from using race, religion, color, gender and national origin as a basis for discriminating employees at the workplace.
As such, perpetrators of this law are punishable by law. The same case applies to job seekers. This is referred to as disparate treatment. Title VII also takes into account the issue of disparate impact. The underlying principle of disparate impact is evidence that a number of employment decisions, policies or practices impact negatively on a certain class of employee more than it does a different class.
The law also prohibits any of the two forms of sexual harassment at the workplace (Quid ProQuo and hostile working environment). Since it is a violation of the law, there is need for employers to put in place mechanism that shall minimize the occurrences of any form of discrimination at the workplace.
CongressLink. (2006). Major features of the Civil Rights Act of 1964. CongressLink . Web.
Hernandez, S. R. (2009). Strategic human resource management in health services organizations. Stamford, Mass: Cengage Learning.
Peffer, S. L. (2009). Title VII and Disparate-Treatment Discrimination Versus Disparate-Impact Discrimination: The Supreme Court’s Decision in Ricci v. DeStefano. Review of Public Personnel Administration, 29(4), 402-410
US Equal Employment Opportunity Commission. (n.d.). The Equal Pay Act of 1963.
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Discrimination Problem in the Workplace
Introduction.
It is necessary to mention that discrimination in the workplace is a topic that has been actively discussed by scholars over the last few years and has drawn the attention of many researchers. The concept may be defined as unfair treatment of individuals based on the color of their skin, gender, age, disability, and other factors. Organizations that promote ethnic diversity have to deal with numerous challenges because some individuals are reluctant to cooperate and accept other traditions.
Maternal discrimination is a crucial issue because it limits the possibilities for personal and professional development. Unfair treatment at work also leads to a broad range of other complications such as worsened mood at home and depression. The primary argument is that the situation has improved in recent years, but discrimination in the workplace is still a critical problem because its impact may be subtle and can affect the life of a person in the long-term if a company does not consider preventive measures.
It is imperative to understand that an employer is not the only person that may treat people unfairly. Many individuals are not aware of which statements or words are appropriate, and could discriminate against others even if it is not intentional. A well-developed set of policies that includes the description of unacceptable behavior could help to avoid such issues (Robinson, 2013).
Another aspect that needs to be highlighted is that some minority groups may be biased towards each other, and it complicates the integration when individuals think that their presence is not appreciated. Possible communication problems may reduce the efficiency of operations, and job satisfaction levels are lowered if the environment in the organization is not supportive. Therefore, firms should devote much more attention to the promotion of tolerance and education of workers on this subject matter.
Maternal discrimination is particularly problematic because employers believe that performance levels of mothers are reduced significantly, and they are too worried about their children most of the time. One of the problems that should not be disregarded is that higher-ups appreciate if individuals overwork and are always available. On the other hand, a mother can be occupied because they have a broad range of responsibilities.
Moreover, many supervisors think that females are more likely to leave the job, and the company may waste money on training and education of such employees. However, such beliefs are mostly based on assumptions and do not reflect the actual situation. It is against the law to discriminate against people because of economic reasons most of the time, but an employer can provide such information to justify his or her actions in some cases.
The utilization of such techniques as performance management systems may be incredibly helpful when a firm is trying to prevent discrimination. The approach may minimize bias because employers would make decisions based on the comparison of available data. Endurance is the technique that mothers use in such situations most of the time, but it is ineffective in the long-term and does not facilitate changes in the workplace (Crowley, 2013). Overall, many companies undervalue mothers and their capabilities, and it leads to discriminatory behavior.
Complications associated with workplace discrimination also should be mentioned. For instance, it is noted that such experiences also have a direct impact on families of some individuals. Their children are more likely to abuse substances, and it frequently leads to psychological problems. One of the studies has shown that prejudice affects the way individuals perceive their children at home, and they are less likely to see positive behaviors because of dramatic changes in mood (Gassman‐Pines, 2015).
Parents understand that they should not get angry, and it is not their fault. However, the impact of inequity is so dramatic that it is impossible to manage emotions. Individuals may feel helpless in such situations because it is hard to prove unfair treatment, and they may be afraid that complaints would affect their employment status. Therefore, it is the responsibility of the management team to ensure that such instances are avoided. An anonymous reporting system may be established, and professionals can monitor the behavior of individuals that are suspected.
In summary, it is possible to state that modern society has made enormous progress when it comes to the reduction of discrimination in the workplace, but numerous instances of unfair treatment indicate that the problem still was not solved. Nevertheless, many companies have access to necessary resources and have developed efficient strategies that help them to minimize injustice. The understanding of associated terms is crucial because an employer may apply the knowledge in the workplace and come up with appropriate solutions (Abben, Brown, Graupmann, Mockler, & Fernandes, 2013).
This topic is incredibly important because many firms disregard the need to monitor the behavior of their workers, and it leads to severe consequences. Future research on this subject matter is necessary, and it would be reasonable to explore other dimensions of this problem. For example, it would be beneficial to evaluate the relationship between productivity and discrimination and the impact it has on decisions related to career.
Abben, D., Brown, S., Graupmann, V., Mockler, S., & Fernandes, G. (2013). Drawing on Social Psychology Literature to Understand and Reduce Workplace Discrimination. Industrial and Organizational Psychology, 6 (4), 476-479.
Crowley, J. (2013). Perceiving and responding to maternal workplace discrimination in the United States. Women’s Studies International Forum, 40 (1), 192-202.
Gassman‐Pines, A. (2015). Effects of Mexican Immigrant Parents’ Daily Workplace Discrimination on Child Behavior and Family Functioning. Child Development, 86 (4), 1175-1190.
Robinson, D. A. (2013). Workplace discrimination prevention manual: Tips for executives, managers, and students to increase productivity and reduce litigation . Bloomington, IN: Archway Publishing.
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Essay on Workplace Discrimination
Students are often asked to write an essay on Workplace Discrimination in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.
Let’s take a look…
100 Words Essay on Workplace Discrimination
What is workplace discrimination.
Workplace discrimination happens when an employer treats an employee differently because of their race, age, gender, religion, disability, or other protected characteristics. Discrimination can take many forms, including unequal pay, unfair treatment, and even termination of employment.
Why is Workplace Discrimination Wrong?
Workplace discrimination is wrong because it is unfair and unjust. It also hurts the entire economy because it prevents people from reaching their full potential. When people are treated unfairly at work, they are less likely to be productive and successful. This can lead to lower profits for businesses and a weaker economy overall.
What Can Be Done About Workplace Discrimination?
There are a number of things that can be done to combat workplace discrimination. One important step is to educate people about the issue. Many people simply do not know that discrimination is a problem, and they may not realize that they are being discriminated against. Once people are aware of the issue, they can start to take steps to stop it.
Another important step is to pass laws that protect workers from discrimination. In the United States, there are a number of laws that prohibit discrimination in the workplace. These laws make it illegal for employers to discriminate against employees based on their race, age, gender, religion, disability, or other protected characteristics.
Finally, it is important to create a culture of respect and inclusion in the workplace. This means creating a workplace where everyone feels valued and respected, regardless of their differences. When everyone feels included, they are more likely to be productive and successful.
250 Words Essay on Workplace Discrimination
Workplace discrimination: an overview.
Workplace discrimination occurs when individuals at work are treated differently based on specific attributes such as race, gender, religion, ethnicity, age, disability, or sexual orientation. This unequal treatment can manifest in various forms, affecting different aspects of an employee’s work experience and overall well-being.
Impact on Individuals
Workplace discrimination can have a significant impact on individuals, affecting their work performance, job satisfaction, and mental health. Discrimination can lead to feelings of isolation, low self-esteem, and anxiety. It can also result in decreased productivity, diminished career opportunities, and even job loss. Furthermore, discrimination can create a hostile work environment, affecting the well-being of all employees.
Consequences for Employers
Workplace discrimination can have severe consequences for employers as well. It can lead to decreased employee morale, reduced productivity, and increased employee turnover. Discrimination can also result in legal liability, such as lawsuits and fines, as well as damage to the company’s reputation. Moreover, it can hinder the company’s ability to attract and retain top talent, ultimately affecting its success and profitability.
Creating an Inclusive Workplace
To counter workplace discrimination, employers must actively promote an inclusive workplace culture. This involves implementing policies and practices that ensure equal opportunities for all employees, regardless of their backgrounds or characteristics. It also requires creating a work environment where employees feel valued, respected, and supported. By fostering an inclusive workplace, employers can harness the diversity of their workforce, leading to increased creativity, innovation, and overall organizational success.
500 Words Essay on Workplace Discrimination
Workplace discrimination is unfair treatment of an employee based on their personal characteristics. It can take many forms, and it can occur in any workplace. Some of the most common types of workplace discrimination include discrimination based on race, color, religion, sex, national origin, age, disability, sexual orientation, and genetic information, according to The Equal Employment Opportunity Commission (EEOC).
Understanding the Effects
Workplace discrimination can have a devastating impact on employees and their families. It can lead to lost wages, joblessness, and even poverty. It can also cause emotional distress, stress, and anxiety. In some cases, discrimination can even lead to physical violence or even death.
Legal Protections
In the United States, there are several laws that protect employees from workplace discrimination. The most important of these laws is Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on race, color, religion, sex, and national origin. Other federal laws protect employees from discrimination based on age, disability, and genetic information.
The Role of Employers
Employers have a responsibility to create a workplace that is free from discrimination. They must take steps to prevent discrimination, and they must promptly investigate and resolve any complaints of discrimination. Employers must also provide employees with training on workplace discrimination.
The Role of Employees
Employees also have a role to play in preventing workplace discrimination. They should report any incidents of discrimination to their employer. They should also be aware of their rights under the law and should be prepared to take action if they are discriminated against.
Workplace discrimination is a serious problem that can have a devastating impact on employees and their families. However, there are laws in place to protect employees from discrimination. Employers and employees both have a role to play in creating a workplace that is free from discrimination.
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Home — Essay Samples — Social Issues — Discrimination — Workplace Discrimination: Forms, Impact, and Strategies
Workplace Discrimination: Forms, Impact, and Strategies
- Categories: Discrimination Racial Discrimination
About this sample
Words: 407 |
Published: Jan 30, 2024
Words: 407 | Page: 1 | 3 min read
Table of contents
Types of workplace discrimination, gender discrimination, racial discrimination, disability discrimination, impact of workplace discrimination, individual consequences, organizational consequences, strategies to mitigate workplace discrimination, implementing anti-discrimination policies and training, encouraging transparency and accountability, promoting a culture of inclusivity and diversity.
- Williams, J. C., & Lopez, E. (2019). The Cost of Racial and Gender Microaggressions in the Workplace. Harvard Business Review.
- Bureau of Labor Statistics. (2020). Women in the Labor Force: A Databook. U.S. Department of Labor.
- Disability Rights UK. (2021). Disability discrimination at work. https://www.disabilityrightsuk.org/disability-discrimination-work
- Andrade, E. L., & Bapuji, H. (2019). Diversity Training Works—Except When It Doesn’t. Harvard Business Review.
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- < Previous chapter
30 In Conclusion: Workplace Discrimination in Context
Eden B. King, Department of Psychology, Rice University, Houston, TX, USA
Adrienne J. Colella, Freeman School of Business, Tulane University, New Orleans, LA, USA
Hannah Markell Department of Psychology George Mason University Fairfax, VA, USA
- Published: 05 April 2017
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The chapters in this book address the factors that give rise to discrimination, its manifestations and consequences, and strategies for its reduction. In so doing, evidence is synthesized and future directions encouraged. Yet it is critical that these pages be interpreted in light of the context in which they were written. This concluding chapter identifies themes that emerge across chapters within the context of the particular time of their publication and in relation to a highly visible discrimination case. In so doing, it considers dual signs of social progress and retreat that relate to workplace discrimination and envision continuing uneven improvements in the future.
This book will be published, and must be interpreted, in the context of a dynamic social environment. This context is characterized simultaneously by both barriers to and progress toward equality in a number of domains. For example, the Supreme Court struck down a key aspect of the Defense of Marriage Act, granting same-sex couples the same benefits as opposite-sex couples ( United States v. Windsor , 2013 ), yet federal protection for gay, lesbian, bisexual, and transgender people in employment settings does not yet exist. As another example, Facebook Chief Operating Officer Sheryl Sandberg urged women to take ownership of their advancement opportunities by “leaning in” to their careers ( Sandberg, 2013 ), while New America Foundation President Ann Marie Slaughter cautioned that women still can’t have it all ( Slaughter, 2012 ). And, most recently, Ellen Pao unsuccessfully sued her former employer for sex discrimination in a case (2012) that has remarkable parallels to Price Waterhouse v. Hopkins (1989).
These examples represent ambiguous signals of change that co-occur with continuing challenges in employment discrimination. We use the most recent case as a backdrop for describing three themes that emerge across chapters in this book. First, more than 50 years after the Civil Rights Act of 1964, workplace discrimination persists toward a number of targets. Second, this contemporary experience manifests in mostly subtle forms that are difficult to identify. Third, although organizations have a moral—if not legal—obligation to enact procedures that reduce discrimination and its consequences, the most effective ways of achieving this goal have not yet been discovered.
A Case Study: Ellen Pao v. Kleiner Perkins
In 2012 Ellen Pao, a junior partner at the Silicon Valley venture capital (VC) firm, Kleiner Perkins Caufield & Byer, filed a gender discrimination suit against her employer for $16 million. Pao further claimed she was let go later in 2012 in retaliation for her gender discrimination suit. Though VC is a “clubby male dominated world” ( McBride, 2012 ), Kleiner is one of the best-known venture capital firms in Silicon Valley. It is also known for being one of the most female-friendly of the Silicon Valley VC firms ( Streitfield, 2012 ), thus rendering Pao’s claims even more profound and disheartening. As some of her supporters say, “If even Kleiner can have discrimination charges brought against it Silicon Valley is a grim place indeed” ( Streitfield, 2012 , p. 1).
Pao’s case contained claims of sexual harassment and a discriminatory culture making it nearly impossible for women to advance ( Marcotte, 2015 ). There were e-mails and Pao’s recollection of a particular fight with several male partners, that appeared to depict a “male locker-room” type culture at the company, in which women were not viewed as equals. For example, Pao recalls one male partner stating that “women kill the buzz,” and another saying that they should hire Marissa Mayer “because she is hot” as well as Pao’s own mentor saying that she had a “female chip on her shoulder,” and the exclusion of Pao and other women from “sitting at the table” ( Weise, 2015 ). However, the point on which the verdict hinged was the concept of subtle discrimination. Pao has said in an interview post-trial, “Women get criticized on both ends, and you have this needle that you have to thread, and sometimes it feels like there’s no hole in the needle. From what I’ve heard from women, they do feel like there’s no way to win. They can’t be aggressive and get those opportunities without being treated like they’ve done something wrong” ( Elder, 2015 ).
At Kleiner, male job applicants and employees were valued for their “cockiness” while Pao’s performance reviews called her “arrogant” and “brash” ( Tiku, 2015 ). Pao was given contradictory feedback in that she needed to be more of a “thought leader” but it appeared that in order to embody that role one needed to be male. The defense depicted Pao, now interim CEO at Reddit, as “cold, territorial, untrustworthy, entitled and either passive-aggressive to colleagues or maybe just aggressive—the sort of person who an office that depends on relationships would be crazy to promote to a senior role” ( Streitfield, 2015 ). Ultimately, Pao lost the suit, although the jury was just one vote short on the claim of her termination resulting from retaliation. However, the coverage of the case has brought this issue to the foreground of discussions of women in the workplace, much as Sheryl Sandberg’s Lean In did in 2012 ( Streitfield, 2015 ). Pao has maintained, “[If] I’ve helped to level the playing field for women and minorities in venture capital, then the battle was worth it” ( Streitfield, 2015 ).
Pao has followed through, quite literally, with this statement in her role as interim CEO at Reddit. In an interview with the Wall Street Journal on April 6, 2015, she explained a new policy at the company: Job candidates will not be able to negotiate their salaries. This is because, as Pao described, “Men negotiate harder than women do and sometimes women get penalized when they do negotiate. So as part of our recruiting process we don’t negotiate with candidates. We come up with an offer that we think is fair” ( Elder, 2015 ).
Theme 1: Persistent Discrimination Toward Numerous Targets
In the year 2015, the leading contender for the democratic nominee for president of the United States was a woman (Hillary Clinton). It is for reasons such as this that journalists sometimes opine that the United States has entered a “post-sexism/racism” era in which Americans are “color blind” ( Tesler & Sears, 2010 ).
Yet, Pao’s complaint—and the cases of thousands of other female targets of discrimination—were received by the Equal Employment Opportunity Commission in this same year. Indeed, Heilman and Caleo (chapter 6 this volume) convincingly convey the body of evidence demonstrating continuing barriers to women’s success in achieving and maintaining favorable positions in organizations. And, despite the two-time election of African American President Barack Obama, gender discrimination claims are exceeded by those of racial minorities (see Avery, Volpone, & Holmes, chapter 7 , this volume).
Claims that discrimination has been curbed further ignore the less-studied but large segments of the adult population who continue to report discrimination. For example, Truxillo, Finkelstein, Pytlovany, and Jenkins (chapter 11 , this volume) review evidence of the negative stereotypes and perceptual biases that apply to workers across age groups; in some contexts, bias can influence the employment experiences of not only “older” workers, but also those who fall into “younger” and “middle-aged” categories. As another example, according to Ghumman and Ryan (chapter 10 , this volume), interpersonal tensions arise in religiously diverse workplaces, and discrimination can be directed toward even majority group members (i.e., Christians). Manchester and Leslie (chapter 13 , this volume) further consider family roles—such as simply being a parent—as drivers of discriminatory workplace treatment.
Segments of the workforce that may be smaller are no less important for organizational outcomes and may be even more vulnerable to discrimination. For example, gay, lesbian, bisexual, and transgender workers (Pichler & Ruggs, chapter 12 , this volume) continue to be disadvantaged in workplace contexts. As another example, immigrants (who represent 16.1% of the US workforce) encounter complex attitudes and beliefs of their (potential) employers and coworkers (Bradley-Geist & Schmidtke, chapter 12 , this volume).
Importantly, as Cortina and Kirkland in their commentary (chapter 28 , this volume) highlight, real people in organizations often represent more than just one of these social identity categories—people can be parents and gay at the same time, and such subgroups might encounter unique employment-related challenges. Indeed, Pao herself is an Asian American woman and thus may have faced a particular set of stereotypes and prejudices. Asian Americans are often viewed as the “model minority” and are expected to be intelligent, quiet, reserved, and willing to conform to the majority’s opinion ( Fairclough, 2001 ; Ramanathan, 2006 ). Consequently, when Asian Americans do not conform to these predefined roles, they are found to be peculiar and are subsequently avoided ( Delgado & Stefancic, 2001 ). When they did not conform to stereotypic expectations of compliance and passivity, Asian Americans receive criticism mirroring Pao’s—they are called “subversive” and “not team players.” Lin, Kwan, Cheung, and Fiske (2005) describe how this “model minority” conception of Asian Americans gives them the benefit of being viewed as highly competent, but the detriment of being seen as unsociable. This dichotomy can be used to validate a system in which competence is rewarded but that some competent groups are rejected for certain positions based on deficits in other areas, such as lacking sociability ( Glick & Fiske, 2001 ; Jost, Burgess, & Mosso, 2001 ). In Pao’s case having “sharp elbows” and not being a “thought leader” seemed to fuel others’ negative perceptions. Together, these arguments and evidence suggest that—despite social progress and genuine change—this is unlikely to be the last handbook on workplace discrimination.
Theme 2: Contemporary Discrimination Is (Mostly) Subtle
Pao’s case relied heavily on what might be understood as subtle discrimination. For example, one of Pao’s mentors, John Doerr, asserted that the kind of entrepreneurs that he most wanted to invest in were, “very clearly male nerds who had no social or sex lives” ( Marcotte, 2015 ). This can be contrasted with his attempts to help Pao become more likable by hiring social coaches and speech coaches. The subtle, implicit double standard is that a man may be most likely to be successful when he lacks the skills to conduct a social or sex life (i.e., “a male nerd”) while a woman is unable to progress professionally without honing her likability ( Marcotte, 2015 ). Rebecca Ruiz outlined another example of the subtle discrimination that characterized Pao’s experience, in which a general partner, Ted Schlein, testified that he felt Pao was better suited for operations, and was not cut out for venture capital investing ( Ruiz, 2015 ). This example illustrates the difficulty of the case—because of course it is possible that Pao was, in fact, not suited for venture capital investing and Schlein only spoke the truth. However venture capital investing has much more prestige and is associated with brilliance and intuition much more so than operations. Ruiz uses a poignant parallel example to depict this difference: If one substitutes surgeon versus nurse or scientist versus science teacher, it reveals the sexist perspective behind his “advice” on eschewing investing for operations. Ruiz also notes that, while Pao was reprimanded for her “sharp elbows,” Kleiner Perkins promoted a male colleague who had received that same feedback ( Ruiz, 2015 ).
The chapters presented here confirm that this nuanced, ambiguous, and subtly undermining behavior reflect the type of experience that is encountered by targets of discrimination. Shen and Dhanani (chapter 19 , this volume) confirm that simply defining discrimination is in and of itself a complex task. They consider behaviors that are formal and interpersonal, blatant and subtle—microaggressions, harassment, selective incivility—to be potentially discriminatory. Synthesizing these ideas, Marchiondo, Ran, and Cortina (chapter 14 , this volume) suggest, “modern discrimination is characterized by subtle, low-intensity behaviors that isolate or handicap others. It is often nonverbal in nature but can manifest through verbal and paraverbal (e.g., intonation, volume) behavior.”
In this case, subtle manifestations do not equate to subtle outcomes. Marchiondo and colleagues argued that, depending on attributions and comparisons, appraisals of these experiences trigger emotional reactions and coping responses that give rise to a range of negative outcomes. Moreover, Triana, Trzebiatowski, and Byun (chapter 20 , this volume) argue that the outcomes of subtle discrimination for the individuals who experience it can be even worse than those of overt discrimination. Perpetrators of discrimination (Madera, chapter 21 , this volume) and the organizations in which they work (Smith & Simms, chapter 22 , this volume) can also be impacted by this form of bias; perpetrators can experience negative affective and cognitive processes and organizational climate, performance, and reputation suffers. It follows that even the presumably legal, subtle kinds of experiences Pao claimed would likely have impacted her, her coworkers, and the organization as a whole.
Theme 3: Effective Strategies for Reducing Discrimination and Outcomes Are Elusive
Pao lost her case. That is, despite compelling evidence about differential experiences of men and women at Kleiner, the court did not rule in her favor. The key claims of Pao’s case were gender discrimination and that she faced various instances of retaliation against her after she called out the gender discrimination she experienced. The jury found against Pao on each of these accounts. Two jurors who spoke with the press explained that they felt Pao’s claims of gender discrimination were unfounded. Jurors noted that one reason behind this was that, over the years, the “areas to improve” in Pao’s performance reviews remained constant whereas those of her colleagues changed or dropped off over time ( Ruiz, 2015 ). This decision exemplifies the complex hurdles that must be overcome to successfully litigate discrimination cases, which are highlighted by Murphy (chapter, 15, this volume), and Dunleavy, Englested, and Morris (chapter 16 , this volume). These challenges exist in spite of evidence (Hirsch & Louie, chapter 17 , this volume) that claimants view litigation as a last resort in resolving discrimination disputes.
Yet, organizations, allies, and even targets themselves can be empowered to make change. Organizations can take a role in reducing discrimination through a variety of policies and procedures (Ely & Feldberg, chapter 25 , this volume). In addition to formal organizational practices, allies, or “individuals who espouse egalitarian ideals and who are motivated not only to avoid responding with prejudice themselves but also to confront others’ prejudicial remarks and discriminatory behavior” (Ashburn-Nardo, chapter 24 , this volume) also have the power to make change. In fact, evidence suggests that allies can be particularly effective in confronting prejudice, alleviating a burden from and providing genuine support to targets of discrimination. Targets, who should not be responsible for changing the behaviors of others but who may nonetheless seek such opportunities, can also engage in specific interpersonal coping strategies that influence others’ behaviors (Hebl, Moreno, & King, chapter 23 , this volume). A range of behavioral responses—including acknowledgment, confronting, individuating, and normalizing—might reduce experiences of discrimination. It is important to note, however, that Pao both confronted and attempted to compensate unsuccessfully. She followed through with the various coaches Doerr hired to improve her “likability” ( Tiku, 2015 ). She also confronted Doerr in December 2011 regarding the gender discrimination she faced, prior to her filing suit ( Taylor, 2015 ).
Thus, the scholarly ideas are inspiring, yet leave substantial grounds of diversity management and its practical application uncharted. Large-scale, systematic assessments of integrated diversity programs and policies are virtually absent in the scholarly literature. As a result, there are more questions than answers regarding the types of programs, policies, and norms that promote inclusion in organizations.
Together, the chapters in this book clearly lay out the landscape of employment discrimination research and practice. In our view as social scientists, and consistent with the suggestions of Brief (chapter 29 , this volume), it is our obligation to conduct rigorous research to guide efforts to understand, identify, and resolve workplace discrimination. The persistence of discrimination, whatever its form and whoever its targets, must be met with tenacious scholarship to ensure its decline.
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Discrimination in Workplace
This essay will discuss the various forms of discrimination that can occur in the workplace. It will explore issues such as racial, gender, age, and disability discrimination, discussing their impact on individuals and workplace dynamics. The piece will examine the legal frameworks for addressing workplace discrimination and strategies for creating inclusive and equitable work environments. Also at PapersOwl you can find more free essay examples related to Abuse.
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Discrimination in workplace is when an employee experiences harsh or unfair because of his or her race, skin color, National origin, gender, disability, religion, or age. Discrimination is one of the biggest problems a lot of people face in a workplace, people gets judged based off their appearance and who they are. There are different ways of discrimination that occurs often in a workplace. One way is denying his/her a job cause of their race and gender all employers have a responsibility to treat women and men equal. Need a custom essay on the same topic? Give us your paper requirements, choose a writer and we’ll deliver the highest-quality essay! Order now
Inequality in a workplace comes with low pay, many women and men are paid differently than others. There are numerous cases where companies fail to promote expectant women and men. Discriminatory include bias in hiring, promotion, job assignment, termination, compensation, retaliation and various. There are numerous cases where companies fail to promote expectant women and men Discrimination comes with different types of harassments including unwelcome behavior by co-workers, managers, clients or anyone else in a work place. There are two different types of harassments physical abuse and emotional abuse, physical abuse is sexual assault and violence on body it’s an intimidating, hostile, or offensive work environment it contains sexual jokes and inappropriate touching. Emotional abuse refers to imposing stress and bullying emotional harassment in the workplace can be defined as hostile verbal and nonverbal behavior emotional abuse at work is about power, an emotional distress caused by a hostile work environment can cause anxiety, depression, and trauma. Age has a lot to do with discrimination many Americans that’s 40+ have been turned down from a job due to their ability to work older age employers are discriminated in the workplace because of appearance and the lack to do their duties of work.
Employment discrimination could occur in any situations including: Stating or suggesting preferred candidates in a job advertisement; excluding potential employees during recruitment; denying certain employees compensation or benefits; paying equally-qualified employees in the same position different salaries; denying or disrupting the use of company facilities and discrimination when issuing promotions or lay-offs. It is important to know that discriminatory practices can occur in any aspects of employment it is illegal for an employer to make assumptions based on race, gender, or age or anything else related to these stereotypes. Also it’s unlawful for an employer to assume that an employee may be incapable because he or she is disabled companies are prohibited from withholding employment opportunities from an employee because of his or her relationship with someone of a certain race, religion, or ethnicity. There are different types of discrimination claims you can peruse discriminated intent /treatment a discriminatory intent, or discriminatory treatment is when an employee is treated worse by an employer because of his or her status as a member of protected category. Disparate Impact, a disparate impact claim is a type of discrimination based on the effect of an employment policy. And Retaliation; retaliation claims when an employer retaliates against an employee who engages in conduct that the law protects like making a complaint about discrimination, or reporting a safety hazard.
Workplace Discrimination can be difficult to spot but it’s not impossible or hard to see the signs Employment discrimination laws prohibit discrimination against certain classes of individuals. The workers that are protected by these laws are known as “protected class” and these protected classes are defined by specific status. Employers cannot make employment decisions based on federal employment discrimination laws, these factors including decisions related to hiring, firing, promotions, work assignments, discipline or any other terms and conditions of employment. Whether it’s racial discrimination, sex discrimination, age discrimination, religious discrimination or any form of discrimination, unfair treatment is illegal in any workplace environment or where ever you are taking place at. If you are a victim of discrimination in a work place you should report it immediately! And get help because you can be putting your work, career and life in jeopardy.
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Conclusion. Discrimination in the workplace is a pervasive issue that continues to impact individuals and organizations. Racial discrimination, gender discrimination, age discrimination, disability discrimination, and discrimination based on sexual orientation are just a few examples of the forms of discrimination that exist in the workplace. To address and prevent discrimination ...
Discriminating individuals at the workplace on the basis of their age, creed, gender, disability, race, or national origin is illegal. The 1960s are regarded as 'turbulent times' in as far as the issue of discrimination at the workplace is concerned. In order to overcome this vice, it became necessary to implement certain legislations.
Published: Mar 14, 2024. Discrimination against women in the workplace is a pervasive issue that continues to impact individuals and society as a whole. From unequal pay to limited opportunities for advancement, women often face barriers that hinder their professional growth and success. This essay will delve into the various forms of ...
Introduction. It is necessary to mention that discrimination in the workplace is a topic that has been actively discussed by scholars over the last few years and has drawn the attention of many researchers. The concept may be defined as unfair treatment of individuals based on the color of their skin, gender, age, disability, and other factors.
Students are often asked to write an essay on Workplace Discrimination in their schools and colleges. And if you're also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic. ... Conclusion. Workplace discrimination is a serious problem that can have a devastating impact on employees and their families ...
Ethical Issues in Workplace Discrimination. Employees have the right to a healthy work environment free of discrimination, bullying, and harassment. Discrimination based on religion, age, race, and any other protected attribute is a violation of an individual's rights. Every person has the right to get treated with fairness, dignity, and respect.
Conclusion. In conclusion, discrimination is a pervasive issue that has significant negative effects on individuals and society as a whole. Understanding the historical context, types, and effects of discrimination is necessary to address and combat it. ... Discrimination Against Women In The Workplace Essay. Discrimination against women in the ...
Workplace discrimination refers to the unfair or prejudicial treatment of individuals based on their race, gender, disability, or other characteristics.... read full [Essay Sample] for free ... In conclusion, workplace discrimination has detrimental effects on individuals and organizations. ... [cited 2024 Nov 2]. Available from: https ...
King, Eden B., Adrienne J. Colella, and Hannah Markell, 'In Conclusion: Workplace Discrimination in Context', in Adrienne J. Colella, and Eden B. King ... In so doing, it considers dual signs of social progress and retreat that relate to workplace discrimination and envision continuing uneven improvements in the future. Keywords: ...
Discrimination in Workplace. This essay will discuss the various forms of discrimination that can occur in the workplace. It will explore issues such as racial, gender, age, and disability discrimination, discussing their impact on individuals and workplace dynamics. The piece will examine the legal frameworks for addressing workplace ...