Legal Issues in the Workplace

???????????The equality principle is one of the most fundamental aspirations of humankind, so much so that it is embodied in international declarations and treaties, and constitutional and statutory laws of many countries (BISOM-RAPP, 2018). And yet, discrimination remains embedded in the way organizations and corporations operate (BISOM-RAPP, 2018).

Equal Employment Opportunity Commission

???????????The EEOC is an independent federal agency of the United States government, established by the Civil Rights Act of 1964. It began its operation in 1965 by enforcing the federal statutes making it illegal in the whole country for employment discrimination based on race, color, religion, gender, national origin, age, or disability ?(Equal employment opportunity commission, 2018). ?Pertinent laws that are enforced by this Commission are: Equal Pay Act of 1963, Title VII of the Civil Rights of 1964, Age Discrimination in Employment Act of 1967, sections of the Rehabilitation Act of 1973, Titles I and IV of the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and the Genetic Information Nondiscrimination Act of 2008 (Equal employment opportunity commission, 2018).

???????????The authority of the EEOC encompasses all aspects of employment: hiring, termination, pay, promotion, testing and training, and apprenticeship (Equal employment opportunity commission.2018). Due to the number and complex contents of the laws that EEOC is discharged to enforce, legal proceedings seem to be complicated at first impression. However, the basis for EEOC whether an organization can be charged with employment discriminatory practice are the statutes of the laws protecting specific groups of people, referred to as protected class (Aamodt, 2016). If it is ascertained that the complaint involves a member of the federally protected class, and mutual agreement is not reached with the employer, the plaintiff has the right to be heard in all levels of court until agreement is reached (Aamodt, 2016). By basing their case on the statutes and provisions of the laws, the EEOC has determined unfair labor practices amounting to over 80,000 cases annually; a higher percentage of it involves harassment and discrimination against persons with disabilities (Equal employment opportunity commission, 2018). Below are short descriptions of federally protected classes in the U.S.: age, race, disability, sex, religion, national origin, pregnancy, and qualified military veterans (Aamodt, 2016), from which EEOC base their judgment if adverse action are taken by employers and therefore, guilty of discriminatory practice.

Unethical Recruiting Practices

???????????This section will discuss common unethical practices in the hiring process of the workforce, that are eligible for litigation and full enforcement of the law by the EEOC. The EEOC is clear in defining what constitutes as illegal in job advertisements, recruitment, and application and hiring.

Job Advertisement

???????????An employer cannot advertise a job opening that shows preference or inhibits someone from trying to get the job because of his or her race, color, religion, sex (which includes pregnancy and sexual orientation), national origin, age, disability or genetic information (U.S. Equal Employment Opportunity Commission, 2020).

Recruitment

???????????This is a matter of emphasis that it is illegal for employers to recruit new employees in a discriminatory way. For example, it would illegal for a company to recruit by mouth if the recruitment process will result to having majority of employees are speaking the same language (U.S. Equal Employment Opportunity Commission, 2020).

Application and Hiring

???????????It is illegal for employers to refuse employment applications to job seekers of a certain race. In addition, employers are unethical and not following the law when they base their employment decisions on the applicant’s race, color, religion, sex, national origin, age, and disability. It is also illegal for employers to give out tests to applicants if the tests are unnecessary to the qualification of the job. If tests are necessary, these tests may not exclude applicants on the basis of the age (unless appropriate for the job requirement), race, sex, religion, national origin, color, and disability. Another unethical and illegal practice is making it hard for applicants with disabilities to secure reasonable accommodations (U.S. Equal Employment Opportunity Commission, 2020).

Real Case Example of Illegal Practice

???????????In 2019, the EEOC penalized Home Service Oil Company, or Express Mart, to pay $25,000 and give other relief to an applicant who was denied of applying an open job of part-time sales clerk at its Cedar Hill, Missouri store because he has the medical conditions, Tourette's syndrome and neurofibromatosis (Express mart to pay $25,000 to settle equal employment opportunity commission disability discrimination, 2020). ?According to court’s records, the store manager refused to consider the application due to the man’s noticeable facial tic caused by his medical conditions. Furthermore, court records claim that the manager explicitly told the assistant manager she did not want him in the store, and proceeded discarding the application to the trash (Express mart to pay $25,000 to settle equal employment opportunity commission disability discrimination, 2020).

???????????The case above is one among many clear and valid violation of the rights of equal opportunity that should be afforded to federally protected class. In this case, EEOC was able to carry out its obligation to protect people with disabilities against employment discrimination practices. The EEOC was on point when it argued that the manager of Express Mart was in violation of the provisions of the Vocational Rehabilitation Act of 1973 and Americans with Disabilities Act (Aamodt, 2016; Express mart to pay $25,000 to settle equal employment opportunity commission disability discrimination, 2020). ?Sad to note that according to the study doen by Li, Cichy, Rumrill, and McMahon (2016), discrimination on the basis of medical or physical condition is far too common in the United States. It is truly interesting to observe that this man denied of employment fits with the description of discriminated individuals in the study. Results of the study indicated that middle-age males are more likely to file complaints of discrimination on the basis of medical conditions such as diabetes, cardiovascular diseases, back problems, and cancer. And, these same group of middle-aged males are applicants for jobs in manufacturing, transportation, warehousing, utilities, educational services, and other public service industries (Li, Cichy, Rumrill, & McMahon, 2016).

Conclusion

???????????Michael Aamodt (2016) supported to the fact that discrimination in the workplace is evident and highly possible by saying that it is not a matter of whether an organization will face complaints of discrimination, but rather, it is a matter of when and how often a company gets litigated for discriminatory employment practice. Our society is evolving, and so does our good and bad behaviors. Discrimination has evolved through the years, albeit in its manifestation or in its definition and inclusions. The case presented in this work gives comfort in the knowledge that we have virtually unchangeable laws on which generations can use standards for what is right and for what is just. And it is equally comforting that there fellow Americans dedicate themselves to work at EEOC to execute the duty to pursue the great aspiration of fair and equal opportunity for all.

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References

Aamodt, M. G. (2016).?Industrial/organizational psychology: An applied approach??(8th ed.). Boston, MA: Cengage Learning. Retrieved from?https://gcumedia.com/digital-resources/cengage/2015/industrialorganizational-psychology_an-applied-approach_ebook_8e.php

BISOM-RAPP, S. (2018). What we know about equal employment opportunity law after fifty years of trying.?Employee Rights & Employment Policy Journal,?22(2), 337-354. Retrieved from?https://lopes.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=134871453&site=eds-live&scope=site

Equal employment opportunity commission. (2018).?Funk & Wagnalls New World Encyclopedia,?, 1;. Retrieved from?https://lopes.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=funk&AN=eq051050&site=eds-live&scope=site

Express mart to pay $25,000 to settle equal employment opportunity commission disability discrimination?(2020). Athena Information Solutions Pvt. Ltd. Retrieved from?https://lopes.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edsgin&AN=edsgcl.614426829&site=eds-live&scope=site

Li, J., Cichy, K. E., Rumrill, P. D., & McMahon, B. T. (2016). The workplace discrimination experiences of middle-age and younger adult workers with disabilities: Results from the national EEOC ADA research project.?Journal of Vocational Rehabilitation,?45(3), 365. Retrieved from?https://lopes.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=edb&AN=119558966&site=eds-live&scope=site

U.S. Equal Employment Opportunity Commission. (2020a). Disability discrimination. Retrieved from?https://www.eeoc.gov/disability-discrimination

U.S. Equal Employment Opportunity Commission. (2020b). Prohibited employment policies/practices. Retrieved from?https://www.eeoc.gov/prohibited-employment-policiespractices