EMPLOYMENT DISCRIMINATION

Race based Employment Discrimination



Outline

Introduction

Problem of Racial Discrimination at work place

Discussion

Employment Discrimination

Identify and redress subtle forms of employment race based discrimination

The arbitration procedures

Workplace Environment

Mechanism for resolving race based discrimination

Workplace arbitration

Harassment and Employment Discrimination

Discrimination and sexual harassment policy

Benefits of Workforce Diversity

Geographic and heritage factors

Better productivity

Multicultural environments

Conclusion

Centre component of race based employment discrimination

Race based Employment Discrimination

Introduction

In European countries, some scholars and policy-makers have recognized the problematic nature of existing discrimination law in the face of the types of gender-based and race based bullying and harassment that occur in the contemporary workplace and have developed an approach that could hold great promise for the United States. The approach involves the imposition of positive duties on employers to eliminate race based discrimination of all types and to foster equality in the workplace. The positive duties approach is neither adversarial nor fault based; it does not assign blame or impose penalties for past discrimination. Instead, positive duties require employers to formulate equality goals, to monitor their workplaces for inequality, and to alter practices and patterns of conduct that stand in the way of achieving their equality goals.

Discussion

Employment Discrimination

In order to identify and redress subtle forms of employment race based discrimination that arise in the new workplace, courts would have to impose minimal standards of due process on the arbitration process. Thus, for example, a court would have to ensure that the complainant had a right to counsel, to take discovery, subpoena witnesses, obtain documents, and cross-examine adverse witnesses. The arbitration procedure could not unduly shorten limitations periods, shift burdens of proof, or impose high costs on the party seeking to vindicate her race based discrimination claim. There would also have to be de novo judicial review for issues of law to ensure that arbitrators did not merely defer to the rule of the clique, but rather applied Title VII and other employment laws to the workplace. (Bennett-Alexander & Hartman, 2007)

Workplace Environment

The proposed workplace arbitration should be a supplement to, not a substitute for, the enforcement of statutory employment rights. Under this proposal, a worker with a claim of race based discrimination should be free to choose, after a dispute arose, whether to submit it to her workplace-specific arbitral ion procedure or whether to bring it to a court or human rights agency. If she selected arbitration, the arbitrator's decision would be binding on issues of fact, but it would be appealable on issues of law. In order to preserve the right of appeal, a record would have to be made and a written opinion rendered. Also, under the proposal, the worker would be entitled to engage in limited discovery and to have an attorney represent her in the arbitral hearing. (Blumrosen & Ruth, 2002)

The foregoing proposal provides a mechanism for resolving race based discrimination disputes in the new workplace. It is a mechanism that would enable women and minorities to obtain redress for competency sabotage, bullying, shunning, harassing, and other forms of gender-based or race-based conduct that undermine their employment ...