Essays on Disparate Impact

Every organization has its specific way of recruiting new employees. One organization might select its employees through the internet while another might conduct face to face interviews. The article measuring adverse impact in employee selection decisions. In Practitioner's Guide to Legal Issues in Organizations by Dunleavy, Morris, & Howard (2015) broadly discusses the relationship between the terms employee recruitment, adverse impact, and disparate treatment. The article argues that adverse impact and disparate treatment are among the biggest problems faced by possible employers when looking for qualified employees. The article also discusses the specific guidelines that are used to recruit workers.

Purpose

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A) According to U.S. EEOC (para 2-5), hostile work environment is a situation in the workplace where an employee finds it hard to work due to harassment from other workers in the workplace. This is usually severe and pervasive. Harassment can be in the form of bullying, fondling, and the use of offensive language and remarks. Sexual harassment refers to bullying in the workplace in relation to an individual’s sex. It mostly affects female employees whereby they are coerced to have sexual relations with their colleagues in the work place. Sexual harassment takes the form of physical or ...

Introduction

Employment discrimination refers to preventing discrimination at the workplace on the basis of age, sex, nationality, religion, ethnicity, physical disabilities and various other parameters (Player 4). Employment discrimination extends to prejudice in terms of hiring and recruitment, promotions, compensation, job roles, termination, harassment and retaliation. The Constitution of the United States has formulated protective measures to ensure no employer practices any kind of employment discrimination. As such, the federal government has devised a multitude of legislature and acts, which prevent different sorts of employment discrimination. Some of these acts include employment at will, Civil Rights act, sexual harassment, pregnancy ...

There should be negligible rates of discrimination in employment and promotion opportunities solely based on race. Earlier, there were a lot of discrimination in the United States where the blacks could not be appointed to well-paying positions even having the same qualification. However, there was introduction Title VII, which prohibits all the form of discrimination in workplaces (Rutherglen 96). In my opinion, the court was right to rule in the favor of the plaintiff since they proved that they were discriminated despite having the same qualification with the whites who were related to the lieutenant and captain positions. As ...

Context of Gender in Corporate World

For a long time, gender equality has always engrossed and troubled the corporate world. Gender equality efforts aims at eradicating the barriers of stereotypes and prejudices to enable both sexes equally contribute and benefit from social, economic, political, and cultural developments in the society. In the past, the society had a misconception on the ability of women to balance work and domestic roles (Benshoff and Sean 32). However, this has changed in the wake 21 century many women have dedicated themselves to the growth and success of various corporations. The corporate has felt the presence of women and their contribution as ...

Discrimination Lawsuit: Disparate Impact and Treatment

Unfortunately, discrimination can take place in the workplace affecting the employees. To try to prevent these occurrences, federal laws have been enacted that prohibit such behavior. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin; it prohibits both in disparate treatment and disparate impact. Disparate impact refers to rules, policies, and practices by an employer that appear to be neutral on their face, but have a disproportionate impact on members of a protected class. Disparate treatment, on the other hand, is intentional discrimination (See EEO). If someone is the victim ...

Unintentional discrimination occurs when a company’s policies uncritically reflect prejudicial stereotypes, however, do not involve overt racial prejudices of its managers or executives .

The people who have the most gain from allowing undocumented individuals to vote say it does. It is intentionally discriminating against people who should not be allowed to vote because they are not citizens. For example, in Washington D.C. federal court rejected a Texas laws that require voters to show photographic identification in order to cast their ballot. The three panel of judges found that the law imposed a strict and unforgiving burdens on the poor, pointing out ...

Ricci v. DeStefano, 557 U.S. 557 (2009) was a controversial case that was decided by the United States Supreme court. The case concerned racial discrimination practices by New Haven, Connecticut’s fire department. The department had eighteen employees where seventeen were white, while there was only one Hispanic. The company in 2003 had seven openings for captain and eight positions for lieutenant. The department administered civil service examinations to fill the positions. The test consisted of two segments where one was oral and the other was written. The New Haven Department of Human Resources issued and RFP for the exams ...

The motivation behind many employees’ hard work is a decent salary and other incentives. Human resource professionals, specialized in compensation and benefits, are thus tasked with the process of creation, management and effective distribution of these remuneration packages. Therefore, for the design of a proper rewards and compensation scheme for the vacant posts created in Harrison Corporation, effective remuneration packages have to be created for each of the defined positions and regions. For the newly created regions, policies must be devised for Harrison Corporation’s salaries, bonus and incentive schemes. The policies should include; bonuses, commissions, salaries, medical and life insurance, ...

Abstract

Equal Opportunity is the right of every human. Every person enjoys the right to equal representation in all walks of life and is liable to legislation if these rights are oppressed. Equal Employment Opportunity is a concept based on equality rights at the work place. Equal Employment Opportunity Council is the governing body that assesses the rights of an individual at the work place. The following article is discussion of EEO laws and procedures recommended by the EEOC for individuals to protect their rights against discrimination at the work place. Keywords: disparate, equality, representation, laws

Introduction

All humans are born ...

Business Law

Introduction Understanding the legal and ethical framework underpinning the operation of businesses is a prerequisite for engaging in activities and practices that are legally compliant. Most of the dilemmas facing business individuals and organizations stem from the lack of understanding and failure to adhere to the laws. Notably, laws specify what is legally permissible in the corporate society and as well stipulates the consequences that may follow in the event of engaging in non-compliant activities. Moreover, it is important to underscore that laws are never static. They can change from time to time and it is upon the business ...

Essay

Business Law Report on Application of Federal Acts to Various Situations

“All persons who have worked for an employer for 12 months and at least 1,250 hours during the year may take up to 12 weeks off to care for a newborn or adopted child, or oneself or immediate family member with a serious health condition. Employees are then entitled to return to their old position or an equivalent one; whether the leave pays or unpaid is not mandated” (Higginbotham). Now what this means pertinent to the scenario at hand are a number of key factors. First and foremost ...

Many scholars and jurists believe that judges and scholars differ in statute interpretations. Most of the debate focuses on when judges should differ and operationalize the regime of doctrines as a matter of stare decisis. According to CRJU, the justices in the Supreme Court in U.S.A do not always agree on a single approach or philosophy; in their approach in construing the constitutional interpretation of statutes. When they are faced with cases, they always apply values and policies they believe accomplish the purpose of the American society and the constitution. Evidently, this statement is true because, in America, difference in ...

In the American employment law, the disparate impact doctrine holds that the employment practices might be termed as discriminatory and also illegal if they include a disproportionate or the adverse impact on members belonging to minority groups. In the same doctrine, when Title VII of 1964 civil rights act is violated, it might be proved through presentation of an employment practice or the employment policy that have a disproportionately adverse negative effect on individuals of the protected class as it is compared with the non-members of protected class. This doctrine always prohibits employers from using facially neutral practice in employment which ...

Business

Legislation to verify voter identification falls under the domain of unintentional discrimination because the practices, procedures or tests which do not appear to be discriminatory, adversely impact a protected group of people. There may be some ways and means that may be implemented during the course of the verification which can amount to unintentional discrimination when the policies of governmental agencies tasked to verify voter identification will uncritically reflect prejudicial stereotypes. My personal ethical perspective on unintentional discrimination refers to the principle of disparate treatment illustrated in the case of Raytheon v. Hernandez, where the Supreme Court disparate impact ...

Dr. Van Cleave Wk 3 DQ 1

In my point of view, women with school-age children are not different with those don’t have such responsibilities. This is because in the field of management, we cannot judge women managerial role with their responsibilities. A good manager is determined by their born talent, confidence, experience and managerial skills such as technical skill, conceptual skills and human skills (United States, 2005). There are numerous women with school-age children in different part of the world who makes good managers irrespective of their duties and responsibilities on their schooling children. Therefore, I believe that a good manager is one that ...

Adverse effect refers to the consequence of applying disparate impact. Under the disparate impact, the employer applies a criterion in employment related activities such as selection, elimination, assignment, among others which has the effect of discriminating one or more individuals against the larger segment of employees. In that context, to prove adverse impact the employee has to show that the employer would have applied another option which would achieve the intended employment objective without necessarily discriminating against him. The rule applies against discrimination and the employer put to his defense has to prove to court that no other criteria would ...

What were the legal issues in this case? What did the appeals court decide?

A lawsuit was filed by David Dunlap against Tennessee Valley Authority or TVA under Title VII of the Civil Rights Act of 1964 for racial discrimination during selection of candidates. The district court found that the plaintiff Dunlap has endured discrimination under both disparate impact analyses and disparate treatment, stating that the subjective hiring process of TVA allowed racial discrimination against Dunlap and other colored applicants. The Court of Appeals decided that although there was enough evidence to show that TVA was guilty of practicing disparate treatment, there was not sufficient proof to corroborate disparate impact. Taking into ...

Discuss why making changes such as Mitsubishi did is important both legally and improving Human resource management with the employees and managers. It is very discouraging how women get discrimination in work places silently but legally important. Women do not get equal rights and privileges in work places and in participation of current events. Current events include participation in rally games that concentrate in marketing certain products. In Mitsubishi, a motor company that has been in existence for many years, women hardly drive the cars during test drives, something that denies women many chances in proving their efficiency. In ...

This paper focuses on the 2009 case on Ricci v. DE Stefano, and the decisions made by the Supreme Court based on the hearings of the case. This case also had a big impact on how employers and employees relate in their work settings. This case’s decision turned out to be a dangerous outcome for employers in terms of testing and hiring of employees. This is in relation with the United States’ anti-discrimination law. This case can be analyzed using two legal theories of civil rights. They include the adverse impact theory and the disparate treatment theory. The two theories ...

Question 1

The examinations are traditional, and fire fighters spend a fortune to get crucial certification and possible qualifications and thus the City’s decision to disregard them because a racial minority did not perform well. The decision was clearly driven by racial considerations, and thus accounts to discrimination or disparate treatment against the racial majority by using the statistical performance to make decisions (RICCI v. DeSTEFANO , 2009). In addition, the district court was mistaken in asserting that the motivation of the city to refrain from making promotion decisions that would perpetrate racial discrimination, since the discrimination did not amount to legal discrimination. ...

Summary of the decision

The case relates to the issue of racial discrimination in employment. The key question that arose was what measures employers would take where in an attempt to forestall discrimination such measures resulted to discrimination. The plaintiffs, twenty fire fighters, sued the city of New Haven, Connecticut claiming that they had been discriminated in relation to job promotions. The tests for promotions resulted to white candidates outperforming the minority candidates. These results led to various acrimonious debates. In order to avoid lawsuits, the officials of City of New Haven annulled the results. The plaintiffs, nineteen white candidates and one ...

What would happen if there was a primary focus on the person/job match in hiring faculty and staff versus a focus on the person/organization match? Give specific examples.

In person/job match, focus is concentrated more on the characteristics that would align the “to be” employee in accordance to the expectations of the Human Resource department. The HR department considers characteristics of the employee in terms of interpersonal skills, relation with the job, motivation to the approach of the job among others. On the other hand, person/organization match includes the organization not only focusing on the qualification but also on how the ...