Today's modern workforce is made up of a diverse group of individuals. Every day people of different nationalities, races, creeds, colours, ages, genders and sexual orientations work side by side. This diversity has many advantages, but also brings a certain level of management complexity. The potential for discrimination is real and must be managed so as not to result in lawsuits, lost productivity and unhealthy working conditions. Happy employees are productive employees, so it is in any organization's best interest to ensure that discrimination doesn't happen, but unfortunately it does. In the assigned hypothetical scenario, John has been fired and believes he has been discriminated against. By understanding the different types of discrimination and the legal recourse of discriminated individuals against organizations, you can better prepare to avoid similar situations with your employees. Types of Discrimination The first question John needs to consider is what type of discrimination was used against him. To limit discrimination in the United States, Congress has passed several laws/acts to discourage such behavior. In 1963 the “Equal Pay Act” was established. This law states that people within the same organization performing similar tasks under similar working conditions must receive similar wages. In other words, an employer cannot pay a man more money than a woman when they perform the same tasks (EEOC, 1963). In 1964 Congress passes the Civil Rights Act which allows all people regardless of race, sex, color, national origin, or religion to vote, to grant jurisdiction to courts, to bring legal actions to protect constitutional rights in public facilities and in public education and prohibits discrimination in employment (EEOC, 2008). In 1967, the Age Discrimination in Employment Act was passed, prohibiting individuals over the age of 40 from experiencing employment discrimination (EEOC, 2008). Finally in 1973 the Rehabilitation Act was passed, then revised in 1990 as the Americans with Disabilities Act which prohibits discrimination against any person with a physical or mental disability (EEOC, 2008). Given the number of acts that have been passed it is fair to say that Discrimination can be described as any unequal treatment of any person on grounds of sex, age, religion, sexual orientation, colour, national origin or anything other than skills and abilities. As an employee, John has the right, granted by the United States government, to be treated equally to his co-workers.
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