Discrimination in Employment

Under ADEA – “Age Discrimination in Employment Act “, ADA – Americans with Disabilities Act and the “Title VII of the Civil Rights Act of 1964”, the following are enumerated as illegal discrimination:

  • Differentiating employees by assignment, compensation or classification of employees.
  • Impartial firing or hiring.
  • Discriminating the employees in their promotion, transfer, recall or layoff.
  • Discriminating the employee in the enjoyment of company facilities.
  • Discriminating the employee in retirement benefits, fringe benefits, pay and disability leave.
  • Discriminating the employee by” religion, age, national origin, sex, and color disability and race. ” (EEOC, 2009).

Racial Discrimination

In a legal action brought by five former employees, Marjam Supply Company Inc is directed to pay $ 495,000 by Court on the application made by EEOC as it had involved in racial discrimination issues. “Southern District of New York’s District Court of U.S “indicted that above building material supplier company treated differentially its African American employees by subjecting them to differential treatment and termination thereby making a hostile work atmosphere and hit back against employees who opposed such differential treatment. Marjam was charged by EEOC that it indulged in slur and indecent comments. Marjam was alleged to have racially unfriendly work atmosphere which includes calling African American by nick names and referral to burning crosses. An employee who complained such indiscriminating activity was fired and the conduct of Marjam was in infringement of “Civil Rights Act” .

Some may wonder whether such indiscrimination still occurs and they would be disappointed if racial harassment was thing of past and it occurs on daily basis in many workplaces even today in U. S. A. In this context, EEOC is dedicated to robust enforcement of the anti-discriminatory laws to make sure that each employee has an equal opportunity to reach his full capability. In mediation, a consensus was arrived for settling the issue out of court and Marjam agreed to pay $ 495,000 in back wages and compensatory damages to be deferred to five erstwhile employees of Marjam.

Thus, a consent degree was presented to the District Court and the Court awarded three year injunctive relief as per the following details:

  • To adopt and implement non-discrimination and complaint practices.
  • To appoint an Equal Employment Office Coordinator.
  • To initiate and install a toll-free number for complaining discrimination issues.
  • To offer training on anti-discrimination practices
  • To display and to issue a memo to all employees stressing to need to honour all the federal legislations thereby proscribing discrimination in employment.
  • Displaying a message in the notice board about EEOC, Marjam non-discrimination, the law suit and complaint procedures.
  • Observing and reporting on implementation of the settlement terms It is to be observed that during the fiscal year 2008, the EEOC received about 34,000 complaints.

The racial discrimination charge filings were witnessed a surge of 11% from the year 2007. In the fiscal year 2008, about 8600 racial indiscrimination charge was filed which was witnessed an increase of 28% from that of year 2007.

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