Blaw 3100 Business Law- Issues Assessment Answer

Answer

Issues on Employment Discrimination

To

The Manager

XYZ Company

Sub: Proposal regarding employment discrimination.

Respected Sir/ Madam,

It has been observed that certain allegations are made by the employees of your company since some days. This is to be informed you that as an employer you need to take proper care and action in respect of this issues. The ultimate goal of this proposal is to chalk out the objected area and how to deal with the specific allegations. The necessary legal provisions are also stated here that can be proved helpful in this case. This proposal includes certain grounds like problem statement, proposed solutions and information regarding fees.

It has been reported that the women employees are not at all feel them safe in case of night shift. Various harassment complaints have been made recently against many of yours male employees and male employers as well. It should be great concern for you and you need to take action against it. An anti-discrimination policy or anti-harassment policy is required to be implemented and the rules of the policy should be mandatory in nature for all the employers and the employees. The terms of the policy could be published on the notice board of the company so that it can be visible for everyone and the victim can easily inform the authority and lodge complaint. Proper training should be given to the managers regarding t5her identification of alleged behaviour. The terms of the policy should support the provision of the Civil Rights Act 1964 (Selmi, & Tsakos, 2015). The offender should have to face harsh penalties if found guilty. McDonald v Santa Fe Trail Transp. Co. 427 U.S. 273 (1976) is a leading case regarding this. Sexual harassment is a common topic in workplaces and it has been observed that the female workers are affected and victimized by their boss either directly or indirectly. Harris v Forklift Systems 510 U.S. 17 (1993) is a leading case on sexual harassment in United States.  There should not be any discrimination regarding sex in the workplace and as the supervisor of the company, you need to take serious action and keep a close vigil over the issues.

It is to be informed you that any type of discrimination is harmful for the reputation of a company and it is required to remove all such problems with proper policy implementation (Green, 2015). It has also been reported that some of your employees are not getting promotion due to their colour or race. Racial discrimination is one of the heinous practices in the workplaces in United State. You are required to look into the matter and take appropriate action to stop the malpractice. You need to develop an effective job policy to control such situation, so that no scope can be raised for this type of allegation. In Adams v City of Chicago 94 CV 5727, it has been held that the employees should not be restrained from promotion in respect to their racial grounds. In Darity v Mason [1998], learned court was observed that the employees should not be treated differently due to their color. The question of reverse discrimination arose in case of preferential treatment in case of the minority. These problems are ethical in nature and it is required to take all the appropriate efforts to resolve the dispute.

It has been observed that the employees, whose age is beyond sixty, have to face certain discrimination as against their age. They sometime have to face waging discrimination. The case of Kelley Drye & Warren LLP (firm) is the leading case on age discrimination where the elder attorneys got low compensation regarding their age (Stockdale, Sliter & Ashburn-Nardo, 2015). The court held the firm guilty in this case. Disable employees are also being discriminated in workplace. Therefore, it can be observed that the matter on discrimination is very sensitive in USA.

Civil Rights Act has stated certain provision regarding equal employment policies and it has been stated under Title VII that no employees should be getting discriminated irrespective of their race, caste, creed, age, sex or religion (Zimmer & Sullivan, 2017). Every workplace situated within preface of United States should have to abide by the rules and you are not an exception (Kricheli?Katz, Porat & Feldman, 2017). Therefore, you need to take and follow proper guidelines to stop the malpractices. The USA government has taken certain steps to control the smoldering issue like employment discrimination and established one commission namely Equal Employment Opportunity Commission (EEOC) that is dealing with the problems (Player & Sperino, 2017). You are proposed to make complaint before the commission in case of allegations made in this aspect. You are required to take effective steps as per the provision of the Fair Pay Act 2009 regarding the payment discrimination. Proper and equal care is required for the older staffs. It is to be mentioned that there are certain guidelines regarding the complaint making process before the commission. A complaint should have to be made within 180 days after receiving the specific allegation on discrimination. The policies should be friendly in nature so that every employee can get a free access and use this for securing their interest (Stockdale, Sliter & Ashburn-Nardo, 2015).

It is the duty of the HR department to analyze the complaint and take step immediately. The department should inform the U.S. Equal Employment Opportunity Commission and state fair employment agency. The ground of written policy should be improvised and investigation regarding the complaint should be made as soon as possible. It is important to the victim to contact with the authority and lodge complaint. Reciprocal duties are also imposed on the company to take all the necessary steps as against the allegation.

You are also recommended to organize a training program regarding anti-discrimination program and allow all the employees to participate into it. The training should be given on the corporate behavior and anti-harassment policies (Milligan et al., 2017). The main objective of such training program is to eliminating the practice of discrimination from the workplace (Green, 2015). It is the optimum duty of the employer to ensure that the workplace is free from sexual harassment. In case of any allegation, immediate actions are required to be taken by the employer.

You are, therefore requested to take all the necessary steps to deal with the problems and take effective plans and policies to eradicate this habits. This proposal gives a framework regarding your required actions against discrimination.

Reference:

Green, T. (2015). On Employment Discrimination and Police Misconduct: Title VII and the Mirage of the'Monell Analogue'.

Kricheli?Katz, T., Porat, H., & Feldman, Y. (2017). Are All Types of Discrimination Created Equal?. Grimstad, G., Degago, S. A., & Boumezerane, D. (2014). Discussion of “Viscous behaviour of clays in one-dimensional compression”. Canadian Geotechnical Journal, 52(1), 120-120.

Milligan, J., Oppenheimer, D., Ross, B., & Sagafi, M. (2017). Looking Toward the Future: Different Avenues for Attacking Employment Discrimination.

Player, M., & Sperino, S. (2017). Federal law of employment discrimination in a nutshell. West Academic.

Selmi, M., & Tsakos, S. (2015). Employment Discrimination Class Actions After Wal-Mart v. Dukes.

Stockdale, M. S., Sliter, K. A., & Ashburn-Nardo, L. (2015). Employment discrimination.

Zimmer, M. J., & Sullivan, C. A. (2017). Cases and materials on employment discrimination. Wolters Kluwer Law & Business.