Week 10 Discussion: Anti-Discrimination In The Workplace

Week 10discussion Anti Discrimination In The Workplaceplease Res

WEEK 10 DISCUSSION - "Anti-Discrimination in the Workplace" Please respond to the following: Flora Tucker, a Hispanic female, applied for a sales position in Ames Department Stores in Seattle. After completing her application, she was asked to take a math test and a general aptitude test. As a result of her score, she was disqualified from consideration for the sales position. Based on this scenario, argue whether or not you believe that this testing policy is a violation of Title VII. Explain when an employer can use an Aptitude and/or other tests and how tests are validated.

What legislation, besides Title VII of the Civil Rights Act, in the Chapter reading regarding anti-discrimination protection is the most important and the most influential of the 21st Century and why? What are the two forms of sexual harassment discrimination and provide an example of each. If your boss liked to hug employees in the morning for a job well done, is that sexual harassment? Why or why not?

Paper For Above instruction

The scenario involving Flora Tucker raises significant concerns regarding potential violations of Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. When assessing whether the testing policy is a violation, it is crucial to evaluate if the tests administered disproportionately disqualify individuals based on protected characteristics or if they serve as a lawful business necessity. The use of aptitude tests in employment contexts is permissible when they are validated as reliable predictors of job performance and do not serve as proxies for unlawful discrimination (Morgeson, 2011). Validation involves ensuring that the test accurately measures relevant skills and that its results correlate with successful job performance, thus satisfying legal standards such as the Uniform Guidelines on Employee Selection Procedures (EEOC, 1978). If the math and aptitude tests are biased or not validated, their use could constitute a violation of Title VII, especially if they disproportionately exclude protected groups like Hispanics without demonstrating job relevance.

Beyond Title VII, one of the most influential anti-discrimination laws of the 21st century is the Americans with Disabilities Act (ADA) of 1990. The ADA provides comprehensive protections against discrimination based on disability and requires reasonable accommodations, significantly expanding workplace rights (U.S. Equal Employment Opportunity Commission [EEOC], 2023). Its influence extends beyond disability rights, shaping broader policies around accessibility and inclusion, and fostering societal recognition of diverse employee needs.

Regarding sexual harassment discrimination, the Equal Employment Opportunity Commission recognizes two primary forms: quid pro quo and hostile work environment. Quid pro quo harassment involves a direct exchange where employment benefits or decisions are contingent upon sexual favors—for example, a manager promising a promotion in exchange for sexual favors. Hostile work environment harassment occurs when unwelcome sexual conduct creates an intimidating, oppressive, or abusive work atmosphere—such as persistent inappropriate comments, gestures, or physical contact that interfere with an employee's work performance or well-being (EEOC, 2023).

Concerning the hypothetical scenario where a boss hugs employees in the morning as a compliment, this behavior could be considered sexual harassment depending on the context and the perceptions of the employees involved. If the hugs are unwelcome, persistent, or create a humiliating or uncomfortable environment, they might constitute a hostile work environment, thus falling under sexual harassment (Fitzgerald et al., 1997). It is essential for employers to foster respectful workplaces where boundaries are clearly respected, and behaviors are consensual.

References

• EEOC. (2023). Sexual Harassment. U.S. Equal Employment Opportunity Commission. https://www.eeoc.gov/sexual-harassment
• Fitzgerald, L. F., Gelfand, M. J., &our, T. M. (1997). Sexual harassment: An integrated typology. Research in Organizational Behavior, 19, 133-174.
• Morgeson, F. P. (2011). Validating personnel selection tests: Historical context and new directions. Journal of Applied Psychology, 96(4), 866–880.
• U.S. EEOC. (2023). Americans with Disabilities Act of 1990. https://www.eeoc.gov/statutes/americans-disabilities-act-1990
• EEOC. (1978). Uniform Guidelines on Employee Selection Procedures. https://www.eeoc.gov/laws/guidance/enforcement-guidelines-disparate-treatment-employee-selection