GENDER AND RACIAL DISCRIMINATION

Gender and Racial discrimination in the Business Industry



Chapter 1: Introduction

Employment discrimination is basing employment decisions on criteria unrelated to applicant's qualifications for job, generally related to race, gender, ethnicity, and so on. In an effort to have employees and applicants for employment judged on basis of their qualifications for job rather than on artificial basis of prejudgments about the group employee or applicant may belong to, in United States, it is illegal for an employer to discriminate against employees or applicants for employment on basis of certain criteria set out in federal and state statutes. Under federal law, it is illegal for an employer to discriminate primarily on basis of race, color, gender, religion, national origin, age, or disability. Employers cannot discriminate regarding workplace benefits or decisions for employees including their hire, termination, discipline, training, promotion, pay, job assignment, or any other term or condition of employment.

In United States, there are laws prohibiting employment discrimination at federal as well as state level. Most states also have their own employment discrimination laws, generally called fair employment practice laws, which are virtually same as federal laws. While state laws may be stricter than federal laws, they cannot be less strict. Therefore, some state laws have added categories not included in federal law or included less stringent thresholds for application of laws (e.g., requiring an employer to have only 4 employees before law applies rather than 15). Some states have added categories such as marital status, sexual orientation, physical appearance, or political affiliation as the basis for employment discrimination. State claims are generally handled by state's fair employment practice agency.

Applicants or employees who believe that they have been victims of illegal discrimination have the right to take their claim to enforcing agency to seek redress. For violation of federal laws, this is identical paid work opening Commission (EEOC). Claims are handled by EEOC free of charge (though if claimants wish to engage an attorney, they may do so at their own cost). Handling of claims may involve mediation, investigation, or adjudication, as appropriate. If applicant or employee is not satisfied with EEOC's final decision on claim, he or she can then generally seek relief in the federal court. If employee is found to have been discriminated against by employer or someone working for employer, he or she may receive as the remedy, as appropriate, reinstatement, back pay, front pay (for failure to hire because of discrimination), compensatory damages, punitive damages, restoration of lost seniority, injunctive relief, or other relief as agency or court deems appropriate.

Chapter 2: Literature Review

Employment discrimination claims must be based on theory of disparate treatment or disparate impact. Disparate treatment is discrimination on face of employer's policy itself—that is, the policy that does not allow women to be hired for construction work or men to be hired as receptionists. While disparate treatment discrimination is deemed intentional discrimination, discriminatory intent need not be stated by employer and instead can be gathered from policy ...