PMD Chapter 5 - Discrimination

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    People Management Debates

    Emergence Of

    Laws onDiscrimination

    http://www.apiit.edu.my/
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    Learning Outcomes

    Understand why laws on discrimination

    emerged

    Awareness of the various applicable law

    pertaining to discrimination

    Understand the challenges in managing

    discrimination

    Understand Bona Fide Occupational

    Qualification

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    Key Terms

    Emergence

    Gender Discrimination

    Racial Discrimination Age Discrimination

    Rehabilitation Act

    American with disability Act

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    HOW WOULD YOU LIKE IT

    IF YOU WERE ASKED TO PERFORM

    SEXUAL FAVOURS IN RETURN FOR

    BETTER WORK ENVIRONMENT

    IF YOU WERE DENIED THE

    OPPORTUNITY FOR A GOOD JOB DUE

    TO YOUR ETHNIC BACKGROUND

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    Types Of Discrimination

    There are a lot of forms of discrimination

    that we are all aware of due to copious

    amounts of campaigning.

    Sexual discrimination and racial

    discrimination are the two main subjects

    that saw the emergence of diversity

    related law implementation.

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    Racial Discrimination

    Racism: The belief that a race of people is inferior to another.

    Moral racism: The belief that a race of people is morally inferior,

    and as such members of that race are deserving of less respect

    and concern.

    Genetic racism: The belief that a race of people is geneticallyinferior, and as such members of that race are (on the average)

    less intelligent, and generally less capable.

    These two forms of racism usually go together. However, they are

    logically distinct and it is possible for someone to subscribe to oneform of racism without subscribing to the other.

    Various practices in the U.S. which have been motivated by racism:

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    Racial Discrimination

    Slavery(treating human beings as disposable property, without rights or

    privileges). Practiced mainly in the southern U.S. until the Civil War.

    Job discrimination (excluding people from jobs because of their race).

    Outlawed at the national level in 1964.

    Segregation(in schools, public places, sports, etc.). Public segregation

    was outlawed in 1964.

    Denial of Voting rights (poll taxes, literacy tests). After the Civil War,

    many areas (especially in the South) made it difficult for blacks to vote byselectively imposing literacy tests and other obstacles. This was also

    outlawed in 1964, and again in the 1965 Voting Rights Act.

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    Racial Discrimination

    18661stlaw passed by congress that

    impacted the employment relationship

    Gave all citizens the right to enter into

    contract as whites

    Did not end racial discrimination until 1871

    1871- Emergence of civil rights act thatgave individuals the right to sue if they felt

    discriminated

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    Equal Pay Act

    Passed in 1963

    Prohibits wage discrimination based on

    gender for jobs that require equal

    skill,effort , responsbility and performed

    under similar working conditions.

    Four exceptions to this: Bona fide

    Seniority,quality of performance, quantity

    of output and factors other then sex

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    Civil Rights Act - 1964

    Title VII refers to the employment section

    Prohibits discrimination in employment

    based on race, color, religion,sex and

    national colour

    Includes hiring, firing,promotion, transfer,

    compensation and admission to training

    programme

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    Age Discrimination In

    Employment 1967

    Prohibits employment discrimination

    against applicants or employees who are

    40 or older

    Prohibits the setting of mandatory

    retirement age ( allowed in some

    occupations dealing with public safety)

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    Rehabilitation Act -1973

    Prohibits discrimination by organisation

    with federal contracts against applicants or

    employees who are handicapped

    Compliance only by federal contractor-

    private employment not covered

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    Americans with Disabilities Act

    1990 Extends the protection first offered under

    the Rehabilitation Act

    Covers all public and private employers

    with more than 15 workers

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    Sexual Harassment

    1986- through a Supreme Court ruling,

    sexual harassment constituted a form of

    sexual discrimination under title VII

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    Challenges Managing Sexual

    Harassment Employees have different perceptions and

    standards of what is offensive

    Unaware of the existence of the policy by

    the employees

    Fear of reporting the incident

    Determining how best to investigateallegations of sexual harassment

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    Reference Material

    Strategic ManagementCompetitiveness

    and Globalization: Concept and Cases,

    Hitt, Ireland, Hoskisson, 6th

    edition,Thomson Southwestern