What responsibilities does an educator have to avoid discrimination in the workplace in the following settings: recruiting, interviewing, work assignments, transfers, discipline, and dismissal?
Employment Discrimination Lawsuits Rising
Let's start by looking at the scope of the problem in employment discrimination lawsuits. U.S. Equal Employment Opportunity Commission (EEOC) statistics reveal that the highest numbers of employment discrimination charges in its 45 year history were filed in the fiscal year ending on September 30, 2010. The EEOC's statistics about employment discrimination continue to demonstrate a three year trend of increased charge filing and litigation. Driven by the dismal economy, a bigger EEOC enforcement budget, and employee-friendly revisions to EEO laws, the employment discrimination lawsuit trend is expected to continue.
Implement and integrate a strict policy that makes employment discrimination of any type unacceptable in your workplace. Train managers in the implementation of the anti-discrimination policy with the expectation that prevention is their responsibility. A manager's role is to create a work environment and culture in which employment discrimination, harassment, and retaliation do not occur. Training must address all forms of employment discrimination and harassment in a unified manner rather than addressing each as a silo. Employment discrimination, harassment, retaliation, bullying, anger, and potential violence should all be addressed together as unacceptable in your workplace. Effective training must teach that all of these concepts and behaviors integrate, intersect, and are woven together to create a supportive, non-discriminatory, employee-friendly work environment.
Mandatory employee training should address many of the same issues as the managers' training relative to employment discrimination. All employees must sign off on a training record and to indicate that they are aware of and understand the employer's policy and complaint process. Establish cultural expectations and norms. Respond to an employee complaint about employment discrimination, harassment, or retaliation in a timely, professional, confidential, policy-adhering manner. Address the employee complaint through to appeal, when necessary.
Know Which Interview Questions Are Illegal to Ask
A major complaint ethnic minorities have about racism in contemporary America is that it's more likely to be covert than overt. That means a prospective employer isn't likely to say outright that your ethnic group needn't apply for a job at that company. However, a prospective employer might ask interview questions about your race, color, sex, religion, national origin, birthplace, age, disability or marital/family status. But asking about any of these matters is illegal, and you're under no obligation to answer them.
It's also worth noting that Title VII of the Civil Rights Act of 1964 mandates that "job requirements... be uniformly and consistently applied to persons of all races and colors." To boot, job requirements that are applied consistently but not important for business needs may be unlawful if they disproportionately exclude individuals from certain racial groups. The same is true if an employer requires workers to have educational backgrounds that don't directly relate to job performance. Take note if your interviewer lists any job ...
The responsibility educators have to avoid discrimination in the workplace in the following stetting is given.