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Discrimination in the Workplace: Internal Promotion and Hiring

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Background:

Nancy is a ten year experienced registered nurse working the evening shift in the post-operative ward at Haig Memorial Medical Center. Nancy wants to finish her graduate degree requirements and the needed courses are only offered in the evenings. Nancy 's supervisor, informs the staff of an upcoming opening in the morning shift and advises them of the application deadline. Based on past experience, Nancy knows that her supervisor has already filled the position with one of her closest friends and that Nancy 's completing an application and interviewing for the position is nothing more than an exercise in futility. Nancy brings her concerns to you, the HR supervisor. She claims that her gender and sexual orientation has affected her nursing supervisor's decision and that any complaint from her to the nursing supervisor will result in retaliation or termination.

Questions I have:

What would you say to Nancy about the ideal legal, and ethical hiring practices?
What can you do to ensure that the recruitment and selection process is fair and consistent with the requirements of federal and state laws on hiring practices?
What steps can be taken in addressing the concerns for retaliation or termination?

Please cite references so I am able to do more research.

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Solution Preview

Hi,

Interesting scenario! I also attached a sample anti-discrimination policy.

RESPONSE:

1. What would you say to Nancy about the ideal legal, and ethical hiring practices?

Legally, gender/sex is a protected category under the anti-discrimination laws (and in some states, sexual orientation is also protected by law, or at least ethically as part of the company policy.

You would educate Nancy on the following issues:

- Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. This law is enforced by the Equal Employment Opportunity Commission (EEOC).
- Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or ...

Solution Summary

In reference to the case scenario, this solution answers the questions including what you would say to Nancy about the ideal legal, and ethical hiring practices, what you can do to ensure that the recruitment and selection process is fair and consistent with the requirements of federal and state laws on hiring practices, and what steps can be taken in addressing the concerns for retaliation or termination. This solution is 450 words and is supplemented with sample Anti-Discrimination Policy.

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See Also This Related BrainMass Solution

Affirmative Action

Describe the elements of affirmative action as it applies to public sector and private sector employers and how it interacts with Title VII requirements of Equal Employment Opportunity.

Affirmative action enforces equality in the workplace as it relates to hiring, training-apprenticeships, promotion, compensation, transfer, layoff, termination and goals. Affirmative Action enforces equal employment opportunities for disadvantaged group or individuals who are discriminated against due to race, religion, creed, color, disability, national or ethnic origin, sex, age or marital status. Affirmative action programs are designed to improve the workplace environment and free it of discrimination. The Federal Employment Equity Act enforces employment equity. Legislation demands employers to account for their employees who belong to these four groups. Employers are required to establish all groups are represented equally, at all levels within their organizations. According to "Marquita Sykes in the article entitled The Origins of Affirmative Action (2008, ¶ 1). The Thirteenth Amendment to the Constitution which made slavery illegal. President John F. Kennedy's 1961 Executive Order 10925, to enforce Affirmative Action." (Affirmative Action, 2008, ¶ 1).

Affirmative Action

Describe the elements of affirmative action as it applies to public sector and private sector employers and how it interacts with Title VII requirements of Equal Employment Opportunity.

Affirmative action enforces equality in the workplace as it relates to hiring, training-apprenticeships, promotion, compensation, transfer, layoff, termination and goals. Affirmative Action enforces equal employment opportunities for disadvantaged group or individuals who are discriminated against due to race, religion, creed, color, disability, national or ethnic origin, sex, age or marital status. Affirmative action programs are designed to improve the workplace environment and free it of discrimination. The Federal Employment Equity Act enforces employment equity. Legislation demands employers to account for their employees who belong to these four groups. Employers are required to establish all groups are represented equally, at all levels within their organizations. According to "Marquita Sykes in the article entitled The Origins of Affirmative Action (2008, ¶ 1). The Thirteenth Amendment to the Constitution which made slavery illegal. President John F. Kennedy's 1961 Executive Order 10925, to enforce Affirmative Action." (Affirmative Action, 2008, ¶ 1).

Affirmative Action as it applies to public, and private sectors employees, and how it interacts with Title V11 requirement of Equal Employment Opportunity, women, minorities, blacks and Hispanics are represented proportionately in employment, education, and business which has not been the case traditionally. A number of laws can pertain to just private employers, while others pertain to educational institutions, employment agencies and public sector employees. Laws do consider how many employees are working at a company, and how many employees are in each location. "An affirmative action plan consists of statistical analysis of the employer's under utilization of individuals from certain protected classes and includes the steps that will be taken to improve their representation in the employer's workforce" (PPS, 2008). Affirmative action plans may be voluntary or court ordered, and the intention of such plans is to give opportunities to a group that has been traditionally discriminated against. (Labor Relations, 2010)

What employers are subject to affirmative action plans and why?

Businesses are required to comply with Title VII Regulations. Most businesses are required to comply with Title VII, and are eligible to participate in affirmative action programs. "For example, as of 2005, federal laws such as Title VII and the Americans with Disabilities Act apply to private employers, employment agencies, educational institutions, and state and local governments with at least 15 employees. Other federal laws, like the Age Discrimination in Employment Act, apply to private employers with at least 20 employees" (Gross, 2008). Understandably, smaller companies may have a difficult time proving that they have not participated in discrimination practices because percentages can be skewed by the small sample size. Because of this, many federal laws regarding discrimination in hiring do not cover small businesses. Still, state legislation often has a set of rules that encompasses businesses of every size.

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