Jack Carter’s claim that his company cannot be accused of being discriminatory because they hire mostly women and minorities is not an accurate statement. Any group or class of individuals could claim a discriminatory bias regardless of their race or gender. In fact, as the…
The article goes on to state that discriminatory practices could include employment decisions that are based on certain stereotypes regarding the work ability of males versus females or even in regards different ethnic groups (U.S. Equal Employment Opportunity Commission, 2009). Hence, a defense that women and minorities make up most of the company’s employees would be no solid defense at all. The company could be alleged to be restricting their hiring to women and minorities based on pre conceived assumptions about how women or minorities perform work as compared to males or non-minorities. The company could also be accused of having a misguided perception that women and minorities would be less demanding in the amount of compensation required, and hence given preferential treatment in hiring over males or non-minorities with the same qualifications.
In the latter case, the Equal Pay Act could be applicable, and this law applies to all employers regardless of the size of the company or number of employees it has employed (Small Business Notes, 2009). The Equal Pay Act prevents discrimination based on sex where essentially the same job duties are performed (Small Business Notes, 2009).
In addition, during employment interviews, only minorities were asked about arrest records and credit history. Also, only women were asked questions regarding childcare. The questions themselves are illegal for Carter Cleaners to ask of any applicant, but also indicates racial and sex discrimination which are in violation of Title VII of The Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission, 2009).
According to the U.S. Equal Employment Opportunity Commission (2010), it is not lawful to harass an individual, applicant, or employee because of the person’s sex. This includes unwelcome sexual advances, requests for sexual favors, or other harassment of a sexual nature (U.S. Equal Employment Opportunity Commission, ...
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