Workplace Discrimination - Research Paper Example

?  Workplace Discrimination       Workplace Discrimination Introduction Discrimination has been a reality for a prolonged period, based on a feature that allows people to look at other individuals as less worthy, less gifted, less skilled and containing other less desirable qualities. Humans have always developed ways of stereotyping their fellow human beings using age, race, gender, religion, or ethnicity as their basis. It is only in current days that individuals have taken the trouble to look at discrimination as a challenge instead of looking at it as a solution. For example, segregation on the basis of race was at one point taken to be part of the natural order. Moreover, the right to vote was withdrawn from people belonging to the members of the female population to protect the different communities, solely because females, by virtue of their appearance, were presumed not to posses the survival characteristics. In addition, there is no society which escaped the negative components presented by discrimination. Also, there is no society which can claim that it does not have elements of discrimination in its different structures today. Racial discrimination also has a long history, with a number of people seeing racial discrimination as a faultlessly natural feature of life. Nonetheless, in recent times, racial discrimination in the work place has become a more significant subject. Its increased presence may be the result of the opposition of different elements; the workforce that is still continuing to be racist, and a recession that places jobs at a premium and makes employers to be particularly choosy during employment (Feagin, 2006). This paper will look at racial discrimination in the modern workplace. The paper will accomplish this by analyzing a current case of workplace discrimination in drawing conclusions regarding the effects of discrimination on organizational productivity. In America, it is constitutionally unlawful to engage in any form of discrimination against employees based on any reason, but the cases and evidences of workplace discrimination seem to be increasing with every passing day. In today’s world of competition, it has become extremely important for organizations to stop workplace discrimination because it is a factor that not only results in decreasing organizational productivity but also affects the quality of business processes. Although the government of the United States has implemented effective laws, such as, Title VII of the Civil Rights Act 1964 to stop workplace discrimination, there is still a lot more that needs to be done to keep this negative element out of the workplace. Nevertheless, the basic federal laws that deal with racial discrimination in the workplace can all be found in Title VII of the Civil Rights Act 1964. By and large, Title VII of the Civil Rights Act 1964 disallows employers from engaging in the following activities: refusing or failing to sign up an employee on the basis of their race; providing workers lesser benefits or paying a worker less because of the racial orientation; failing to give promotions, opportunities, or benefits to a worker because of their race; and segregating or not properly classifying applicants or workers by race (Memmi, 2000). In addition, employment agencies are not allowed to reach decisions on work assignments on the basis of a person’s race. Also, labor representatives and unions cannot expel people or refuse membership to individuals because of their race. Discrimination on the basis of race in the workplace can be illustrated in a number of ways, some of which can be obvious or blatant. Nonetheless, racial discrimination can frequently be restrained and more difficult to notice, for example, an employer failing to promote an employee or higher an applicant because of their racial makeup. Therefore, it may be asserted that a worker who experiences unfavorable treatment because of his race is a victim of racial discrimination. Additionally, racial discrimination in the workplace occurs when workers experience unfair treatment because of their posses certain features linked to particular races (Graves, 2004). Also, workers who are involved in a marriage union with individuals of specific races may experience racial discrimination on the basis of their marital tie. This is also an identical situation for individuals who are part of race-based groups. Racial discrimination in the workplace is also exhibited through offensive statements, conditions of employment, dismissals, and unfair polices. Racial discrimination in the workplace is sternly outlawed by a number of states and federal laws in spite the different forms it takes. One of the more challenging elements of racial discrimination in the workplace is that it frequently takes place entirely unnoticed (Feagin, 2006). In most cases, unless the employer specifically admits otherwise, there is no one who can claim for sure why they know the employer reached a specified decision to give an employee promotion or employ a specific person. With that in mind, there can be occasions where an employer may show some discriminatory intention. In this regard, there were two motions filed on February 15, 2013 by United Airlines Incorporation, United Continental Holdings Incorporation, and Continental Airlines Incorporation. One, Motion to Dismiss Second Amended Complaint With Prejudice. Two, Motion to Strike. Petitioners filed opposition to each motion presented by the defendants. The petitioners were 23 African-Americans, 19 of whom who worked for Airlines Incorporation as captains, 2 of whom who worked for Continental Airlines Incorporation as captains, and 2 of whom who worked for United Continental Holdings Incorporation as operations supervisors. The petitioners made a number of claims against the defendants. They asserted the defendants violated Title VII, 42 U.S.C. § 1981, and the California Fair Housing and Employment Act, by not promoting petitioners on account of their racial makeup. They also claimed the defendants breached Title VII and Fair Housing and Employment Act by not promoting eleven of the petitioners, in retribution for those petitioners’ taking part in protected activity. In addition, petitioners further claimed the defendants breached Title VII and Fair Housing and Employment Act by subjecting one petitioner to an unpleasant working environment due to the said petitioner’s race. Particularly, the operative complaint, the Second Amended Complaint contained 7 causes of action as follows: first Claim, titled “Retaliation in Violation of [Title VII]”; second Claim, titled “Retaliation in Violation of [FEHA]”; third Claim, titled “Race Discrimination in Violation of Title VII”; fourth Claim, titled “Violation of [FEHA],” in which plaintiffs allege race discrimination; fifth Claim, titled “Violation of 42 U.S.C. § 1981,” in which plaintiffs allege race discrimination; sixth Claim, titled “Harassment in Violation of [Title VII]”; and seventh Claim, titled “Harassment in Violation of [FEHA].” (Miller, 2013). Racial discrimination decreases organizational productivity in a number of ways. Racial discrimination will have a negative impact on the job satisfaction of all workers in an organization. If a worker continuously sees promotions being given on the basis of race, his motivation to perform to his utmost best or develop within the organization is negatively impacted. Also, employees who regularly observe racial discrimination are more likely to leave an organization, enhancing the turnover levels. Racial discrimination may also affect the reputation of the organization in the society it serves. It may also have a direct impact on customers if the organization offers substandard services to specific individuals based on their race (Stainback & Irvin, 2012). Conclusion Even if Title VII of the Civil Rights Act 1964 has played a significant part in lessening the incidence of discrimination in the workplace, it is still in existence in numerous organizations. It is necessary for organizations to find out what their discrimination policy is doing for their bottom line. Also, whether simply perceived or real, racial discrimination can have a negative impact on the essential components of a worker’s behavior that directly affect job performance including motivation, job satisfaction, and organizational commitment (Miller, 2013). References Feagin, J. R. (2006). Systemic racism: A theory of oppression. New York: Routledge. Graves, J. (2004). The race myth. New York: Dutton. Memmi, A. (2000). Racism. Minnesota: University of Minnesota Press. Miller, R. (2013). Business law today: Text & summarized cases (10th ed.). Stamford: Cengage Learning. Stainback, K., & Irvin, M. (2012). Workplace racial composition, perceived discrimination, and organizational attachment. Social Science Research, 41(3), 657-670. Read More