People Management Debates

Emergence Of Laws on Discrimination

Learning Outcomes • Understand why laws on discrimination emerged • Awareness of the various applicable law pertaining to discrimination • Understand the challenges in managing discrimination • Understand Bona Fide Occupational Qualification .

Key Terms • • • • • • Emergence Gender Discrimination Racial Discrimination Age Discrimination Rehabilitation Act American with disability Act .

HOW WOULD YOU LIKE IT • IF YOU WERE ASKED TO PERFORM SEXUAL FAVOURS IN RETURN FOR BETTER WORK ENVIRONMENT • IF YOU WERE DENIED THE OPPORTUNITY FOR A GOOD JOB DUE TO YOUR ETHNIC BACKGROUND .

Types Of Discrimination • There are a lot of forms of discrimination that we are all aware of due to copious amounts of campaigning. . • Sexual discrimination and racial discrimination are the two main subjects that saw the emergence of diversity related law implementation.

and as such members of that race are deserving of less respect and concern. they are logically distinct and it is possible for someone to subscribe to one form of racism without subscribing to the other. and as such members of that race are (on the average) less intelligent. However. • These two forms of racism usually go together.Racial Discrimination • Racism: The belief that a race of people is inferior to another. which have been motivated by racism: . • Various practices in the U. and generally less capable. – Moral racism: The belief that a race of people is morally inferior. – Genetic racism: The belief that a race of people is genetically inferior.S.

After the Civil War. This was also outlawed in 1964. public places. Practiced mainly in the southern U.S. many areas (especially in the South) made it difficult for blacks to vote by selectively imposing “literacy tests” and other obstacles. until the Civil War. Outlawed at the national level in 1964. without rights or privileges). and again in the 1965 Voting Rights Act.). Denial of Voting rights (poll taxes. etc. • . literacy tests). • • Segregation (in schools.Racial Discrimination • Slavery (treating human beings as disposable property. sports. Job discrimination (excluding people from jobs because of their race). Public segregation was outlawed in 1964.

Emergence of civil rights act that gave individuals the right to sue if they felt discriminated .Racial Discrimination • 1866 – 1st law passed by congress that impacted the employment relationship • Gave all citizens the right to enter into contract as „whites‟ • Did not end racial discrimination until 1871 • 1871.

quality of performance.Equal Pay Act • Passed in 1963 • Prohibits wage discrimination based on gender for jobs that require equal skill. • Four exceptions to this: Bona fide Seniority. responsbility and performed under similar working conditions.effort . quantity of output and factors other then sex .

transfer. compensation and admission to training programme . religion.promotion.1964 • Title VII refers to the employment section • Prohibits discrimination in employment based on race.sex and national colour • Includes hiring.Civil Rights Act . firing. color.

Age Discrimination In Employment • 1967 • Prohibits employment discrimination against applicants or employees who are 40 or older • Prohibits the setting of mandatory retirement age ( allowed in some occupations dealing with public safety) .

Rehabilitation Act -1973 • Prohibits discrimination by organisation with federal contracts against applicants or employees who are handicapped • Compliance only by federal contractorprivate employment not covered .

Americans with Disabilities Act 1990 • Extends the protection first offered under the Rehabilitation Act • Covers all public and private employers with more than 15 workers .

Sexual Harassment • 1986.through a Supreme Court ruling. sexual harassment constituted a form of sexual discrimination under title VII .

Challenges Managing Sexual Harassment • Employees have different perceptions and standards of what is offensive • Unaware of the existence of the policy by the employees • Fear of reporting the incident • Determining how best to investigate allegations of sexual harassment .

Hitt. Hoskisson. Ireland. 6th edition.Thomson Southwestern .Reference Material • Strategic Management – Competitiveness and Globalization: Concept and Cases.