The Critical Points of Equal Employment Opportunity

Subject: Employee Management
Pages: 3
Words: 1067
Reading time:
4 min
Study level: Bachelor

Abstract

Equal Employment Opportunity is a principle according to which everybody has the right to advance in their workplace, regardless of various individual characteristics. However, many institutions and employers undergo litigation processes on the grounds of discriminatory or abusive treatment. By investigating the critical points of Equal Employment Opportunity, the rights of the employees, and the kinds of mistreatment of employees, it was possible to determine the scope of the subject and the repercussions of such actions. The research involved focusing on the protected classes, employment discrimination complaints, civil liability, and vicarious liability. As a result, findings indicated that employees have the right to file complaints against individuals who exposed the former to discriminatory treatment. In this situation, it is the responsibility of supervisors to provide the employees with a friendly environment.

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Laws and Regulations Impacting a Diverse Workforce

Equal Employment Opportunity is a concept that claims that all individuals, regardless of ethnicity, gender, skin color, faith, disabilities, or age, should have the right to work and progress based on performance and competence. On the one hand, if a company merely uses basic logic and conventional impartiality in its hiring and business operations, it should have no issue staying EEO compliant. However, fundamental respect is merely the start on the path to equality in the workplace. Each organization should take special initiatives to foster a welcoming environment with equal opportunities and treatment.

First, the Equal Employment Opportunity Commission of the United States is in charge of enforcing various Federal laws that prevent discrimination in employment. These regulations protect employees and job candidates against discrimination in the workplace (Becton, Gilstrap, & Forsyth, 2017). This makes candidates, employees, and ex-employees protected against discrimination based on race, ethnicity, faith, gender, nationality, age, or disability. Candidates, workers, and former staff are also protected from retaliation (Becton, Gilstrap, & Forsyth, 2017). This happens if they bring a case or report of discrimination, participate in discriminatory litigation, or oppose discriminatory treatment.

In order to bypass situations involving discriminatory practices and litigations, it must be noted that proactive measures are the best option. Both employees and supervisors must respect cultural and ethnic diversity in the workplace. When hiring new employees, a manager should pay close attention to the personal beliefs and attitudes of the candidate. Additionally, both managers and employees should attend EEO training to learn about anti-discrimination legislation’s legal rights and obligations.

As far as the complaint of discrimination goes, such a report is a documented claim alleging that an institution discriminated against employees. The process of complaint filing can be divided into several steps. To make a complaint, one must either visit the EEOC’s Public Portal or visit the nearest EEOC office (Becton, Gilstrap, & Forsyth, 2017). After filing an online inquiry and undergoing an interview, an individual will file a Charge of Discrimination using the EEOC online system (Becton, Gilstrap, & Forsyth, 2017). The individual will be asked several questions to evaluate the employment discrimination complaint.

Later the claimant’s allegation and a complaint will be examined, and the authority will be able to determine the statute or laws that, if true, the claims would violate. The past complaints of both the victim and the accused will be examined in this situation (Becton, Gilstrap, & Forsyth, 2017). This procedure identifies a trend that could expedite and simplify the process. After this step, a meeting with the victim will be scheduled to explain the decision and report the facts.

In such cases, it is not rare for employers or managers to punish employees for submitting a discrimination complaint or partaking in an inquiry of alleged professional misconduct. This practice is called retaliation when an employer or an organization takes adverse action against an employee, claimant, or other involved people (Eisenstadt & Geddes, 2017). Any unfavorable workplace action, such as demotion, reprimand, dismissal, wage decrease, or job or shift transfer, might be considered retaliation. This measure can also be referred to as a tangible employment action (Eisenstadt & Geddes, 2017). It is a measure that has an immediate negative impact on the job or working circumstances.

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If an employee then decides to seek justice, they may start litigation. In these circumstances, it will be a matter of civil liability, a legal duty that forces a party to pay for damages or execute other court-enforced orders. For example, if an employee files charges against the employer’s discriminatory actions, the former can receive moral compensation if the latter is found guilty. In contrast to criminal responsibility, civil liability is typically filed by a private individual to sue for damages or injunctions. As a result, employers must provide effective and continuing training for managers and supervisors due to vicarious liability (Eisenstadt & Geddes, 2017). Employers are advised to provide staff with frequent training on what defines illegal and unethical workplace behavior.

If the organization finds itself in a situation involving employment discrimination, several possible remedies can help. For example, an employee who has been mistreated may be entitled to monetary compensation for emotional or mental hardship caused by deliberate prejudice with proper evidence from the employee’s side. Additionally, punitive measures toward the abuser should be taken. Punitive damages should penalize the guilty employers for discriminatory acts.

The mentioned consequences of the inappropriate and discriminatory treatments lead to recommendations for better hiring practices that can eliminate such situations. To create a healthy and welcoming atmosphere, managers and supervisors must build a strong employer brand. This can help attract candidates with similar objectives and beliefs. Additionally, a company might consider improving the interview processes. This hiring practice will help the HR manager understand the candidate and their weaknesses. A similar method is demanding referrals, which can simplify the hiring process and help the employer evaluate the candidate’s experience.

Hence, the principle of equal employment opportunity holds that all people have the right to work and advance based on their performance and skills. When employees are discriminated against or abused, they have the right to file a complaint. In case of retaliation, employees have the right to start a litigation process and demand justice on the grounds of tangible employment action. All employers hold vicarious liability to bypass such a situation, providing training for employees and managers. By keeping such training sessions and adhering to effective hiring practices, such as building a strong employer brand and paying close attention to referrals and interviews, managers will create an atmosphere of equality.

References

Becton, J. B., Gilstrap, J. B., & Forsyth, M. (2017). Preventing and correcting workplace harassment: Guidelines for employers. Business Horizons, 60(1), 101-111.

Eisenstadt, L., & Geddes, D. (2018). Suppressed anger, retaliation doctrine, and workplace culture. University of Pennsylvania Journal of Business Law, 20(1), 147-208.