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Preventing Workplace Discrimination Essay Sample

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Preventing Workplace Discrimination Essay Sample

Organizations are responsible for a zero-tolerance of discrimination in the workplace. Title VII and many other employment laws enforce this responsibility on organizations and help to make the workplace an equal opportunity for all that is free from hostility or discrimination. This type of environment helps the organization to thrive and become more productive with healthier, happier employees. This paper will review the Preventing Workplace Discrimination simulation (University of Phoenix, 2010) and answer the following questions:

What are some measures a company may take to reasonably accommodate people with disabilities, or those with a known drug abuse problem, and how does the simulation demonstrate these?

Should factors like personality, attitude toward work, and future upward mobility be considered when hiring? Explain why or why not. How does the simulation demonstrate these?

Can Title VII override the employment environment and conditions detailed in a written employment contract between an employer and an employee? Explain why or why not. How does the simulation demonstrate this? (University of Phoenix, 2010).

ACCOMMODATIONS

An employee with a drug abuse problem is not covered under Title VII or the Americans with Disabilities Act (ADA). In most companies, the use of drugs especially during work hours or being under the influence of drugs or alcohol while at work is a company policy violation. The violation can lead to immediate termination in an organization. The organization has the responsibility to reasonably protect its employees including from those under the influence of drugs. A reasonable accommodation would be to rehire the employee once the employee has been through rehab and is completely rehabilitated. Once the employee has been rehabilitated, the employee is then covered under the ADA. According to the Center for Psychiatric Rehabilitation, “The ADA also covers past history of alcoholism and drug abuse if the person is no longer currently using illegal substances. Alcoholism is covered as a disability if a person is still abusing alcohol, although it does not prohibit an employer from taking disciplinary action for unsatisfactory performance or failure to comply with company policy” (Boston University, 2010, p. 1).

The simulation focuses on the fact that a Creative Supervisor has a drug issue. The Executive Creative Director, Marc Corrigan, observes Rod, a Creative Supervisor, acting unpredictably and missing deadlines. Marc requested that human resources (HR) terminate Rod for continued drug use in which Rod was terminated. Rod should have been drug tested and the company should have already had a drug testing policy implemented. Because the ADA does not cover individuals who have drug abuse problems, the company was able to terminate Rod legally. If Rod had attended a rehab for drug abuse, became clean and sober, the company would have been obliged under the ADA to hold Rod’s position for him.

HIRING FACTORS

Many factors need to be considered when hiring a new employee. The hiring process is difficult enough without the added pressure of Title VII looming over the employer. The employer will look at the applicant’s skills, education, job history, and if the employee will fit with the organization’s culture. The hiring manager will also look at personality, attitude toward work, and future upward mobility. A good personality is important because if the applicant is hired, the applicant will have to work with a diverse group of people. A good attitude toward work is always a good sign as most potential employers look for applicants that will want to work and like to work. Another good sign is if the applicant has future upward mobility that will help the potential employee grow with the company. The employer may call references to see what type of worker the applicant may be and if the applicant had good attendance. In the simulation, the company targeted applicants, both male and female, who were young and “thought” young.

The company also wanted applicants who could “unleash sheer male power” (University of Phoenix, 2010). Interviewers must be careful to avoid violating any employment laws, especially Title VII. The hiring decision cannot be based upon the applicant’s religion, race, nationality, age, or gender. In the simulation, the human resources manager had five applicants to consider for the two jobs of Creative Supervisors. The HR manager used a point scale based upon the applicants’ work history, experience, career achievements, education, and other interests to help her to choose the two best applicants for the jobs. After careful consideration, Oscar and Jessica were chosen to be the new Creative Supervisors based upon the point scales and other factors. The HR manager decided Oscar and Jessica would be the best fit in the company.

EMPLOYMENT CONTRACT

Once the employer/employee relationship has been established, Title VII will watch over that relationship. If a hostile or disparate work environment develops, Title VII can supersede the company’s contract or policies. In the simulation, the Creative Director, Jessica, made a complaint of sexual harassment against two male employees because of sexual innuendos made by the two male employees. Jessica made the complaint to the Executive Creative Director who decided that the two male employees had done no wrong. Under Title VII, Jessica is protected and the employer must act immediately. The HR manager recognized this fact and warned the male employees that if the behavior continued, the male employees would be terminated. If the HR manager had not acted promptly or in a timely fashion, the company could have been in violation of Title VII.

Conclusion

Most organizations fall under Title VII and other employment laws. Organizations have an obligation to its employees to adhere strictly to Title VII to keep the workplace environment free from discrimination. This paper reviewed the simulation Preventing Workplace Discrimination (University of Phoenix, 2010) and answered several questions pertaining to Title VII, the American with Disabilities Act, hiring practices, and when employment contracts can be overridden.

References

Boston University . (2010). _Center for Psychiatric Rehabilitation_ . Retrieved from http://www.bu.edu/cpr/reasaccom/whatlaws-adaact.html.

University of Phoenix. (2010). Preventing Workplace Discrimination.

Retrieved March 19, 2010, from University of Phoenix, rEsource, Simulation,

MGT434-Employment Law web site.

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