The court decided this case based upon previous cases of Connelly v. Family Inns of America and Kottlowski v. Bridgestone/Firestone and felt that the defendant did not act in willfully negligent manner and that the plaintiff should have locked his toolbox is he was concerned about the safety and keeping of his tools? 6. I think the result is accurate but frustrating for the employee. The
On another note, the claim of disparate treatment that Dunlap had made was successful because the court found out the scoring of the interview process done by TVA have been influenced by the committee. In addition, the scoring was being altered to favor white candidates. It was found that TVA used candidates who score “100%” to fill in their vacant positions. TVA was unable to prove that what prompted them to alter the scores was because of a need to fill a diversity position; especially since an email from Human Resources stated that they did not have authority to alter scores of candidates. Additionally, candidates had a right to be informed of the interview process and the representation of scores.
To sum—The law’s “disparate treatment” character demands that no employer discriminate in employment and promotion practices based on “race.” The “disparate impact” provision demands that an employer be held liable if any employment practice, whether transparent or hidden, results in discrimination. It is a noble, but flawed, attempt to reconcile circumstances where employers once used insidious, opaque methods to continue old habits of discriminatory hiring and promotion practices. The problem presented by Ricci v. DeStefano is: What happens when the targets of discrimination are “white”? Again, there are many who make the emotional argument that such a circumstance is impossible. ‘Whites are the majority,’ they contend.
When we talk of age discrimination in a work place, this is generally where someone has missed out on the opportunity to get a job on the grounds of their age, whether they are thought of as too old or too young. The Age Discrimination Act 2006 requires that all employment practices are based on skills and competences, rather than the age of the person. Not only does this policy have rules regarding getting employed, it has rules that must be followed when the employee is working. So, if an individual feels that they are being treated differently because of their age, they are able to make a complaint against that staff member/colleague and/or sue them. A strength of the Age Discrimination act is that when employers are looking for new staff members, they will employ staff based on how suited they are to the job.
This just goes to show that there is drug-testing going on all over the United States in many different ways. In some cases drug testing is very effective, but overall drug testing is not very accurate or beneficial in the workplace. Unless someone showed up for work under the influence of drugs or alcohol and the employer wants proof that this person is in fact using drugs or alcohol then drug testing in the workplace is meaningless. After conducting research on the subject of random drug testing in the workplace we have concluded that random drug testing does not work. Not to say that it does not have an impact or that it is ineffective to companies or businesses, but this does not work because the tests are not always one hundred percent accurate.
In most cases I would also agree that a high turnover rate can be less attractive to employees. “In the navigator image, control is still seen as at the heart of management action, although a variety of factors external to managers mean that while they may achieve some intended change outcomes, others will occur over which they have little control” (Gib Akin, 2009) . So Gunter wanted to be the navigator in this situation so that he can take control of the turnovers. No matter the changes Gunter tried to make he was unable to lower turnover rates. Gunter offer one of the top training available to employees and they all would leave to go on to bigger and better position and they took the training and knowledge of the hospitality system from Gunter’s hospitality organization.
From a dictionary, the definition of discrimination is, “distinguishing differences between things or treating someone as inferior based on their race, sex, national origin, age or other characteristics” (yourdictionary, 2012). Some people could be treated differently in a negative way— treated in a way where in “normal” or “superior” people are not treated. The society’s treatment of these people may involve the unfair limitations of their rights. Example is when an American is not given the chance to be promoted in a higher position in the company because she is a girl. Another is when a man who is qualified for the job, because he has the education and experiences needed for the job, and yet he is not accepted because he is too old or he is too fat.
They blamed the chief not giving any promotions even they work hard, instead he gave them "back of the house" positions and gave "front of the house" positions to the less experienced Caucasian employees. They also claimed that they were exposed to some racial harassment when they complained about their position. According to this example if this case is just like what these employees told, then we can totally say that there is racism in that work place. If any employees are exposed to any race-hate talk, any injustice because of their race or any threat of being fired if they try to defend themselves then we can obviously say that there is a direct sign of discrimination and racism because “racism is the belief that a particular race is superior or inferior to another, that a person’s social and moral traits are predetermined by his or her inborn biological characteristics” and in this work place we see that there is a belief of a superior race . So it can be seen that there is an inequality between people because of their inborn biological characteristics.
QUESTION 2: Identify some challenges that diversity at the workplace might bring. ANSWER There are challenges to managing a diverse work population. Managing diversity is more than simply acknowledging differences in people. It involves recognizing the value of differences, combating discrimination, and promoting inclusiveness. Managers may also be challenged with losses in personnel and work productivity due to prejudice and discrimination and complaints and legal actions against the organization (Devoe, 1999).
All were avoidable withdrawals with the blame connecting to issues that could have been resolved by management. My workplace, as far as I can tell, just turns a blind eye to the situation. I have seen no difference in attitude as a result of employee withdrawal behaviors. The employees see it as justified and understand, but the management doesn’t seem to realize the situation, or, if they do, don’t care to take any steps necessary to avoid this in the future. If they did learn from and track these behaviors, I think that the workplace would improve because the situation that caused these specific physical withdrawals affects everyone.