EMPLOYMENT

DISCRIMINATION AND LESS

ADVANTAGED PERSONS

CAISIP, Gabrielle Joyce T.

2014 - 61063
GEM 806

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS

Every organization likes to think that its employees are a cohesive group that
is one big, happy family to the extent that they have mutual
allegiance to the organization and they believe in its objectives.
However, the organization is divided into subgroups which were bound by
mutual similarities in age, race, sex, type of work, rank in the organization
and social interests. These are the little families that constitute the
one big, happy family.
Formation of employee groups is determined by two broad sets of differences
and similarities: On-the-job (rank and type of job) and off-the-job (social
interests and relationships).

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS

EMPLOYER INVOLVEMENT IN DISCRIMINATION

MINORITY GROUPS
A minority group is one that has, or feels that it has, its employment
status relative to other persons decreased in some important way by factors
that do not concern job
performance. Its employment opportunities are
significantly decreased compared with:
1. Others of equal ability at the time of selection for the job; and
2. Others of equal performance when working on the job.
The term minority does not suggest minority in number but rather in
power in the
organization. For example:
a. Blacks might be the majority of employees in a firm and still be in a
minority group.
b. Women are a majority of the population in the United States but can
still experience discrimination.
NUMBER
IN LABOR
FORCE,
1968

PERCENT
OF
LABOR
FORCE

Women

29,204,000

37.0

Non-white men

4,979,000

White men (40-64 years of age)

19,291,882

GROUP COVERED BY
ANTIDISCRIMINATION LAW

6.3
24.5

White men by religion (age 16-39 and

over 65)*
Catholic

5,987,122

Jewish

707,345

TOTAL

60,169,3
49

7.6
8

76.2

Source: The World Almanac, and Book of Facts, 1969, New York: Newspaper Enterprise
Association, 1969, pp. 219-220;
and U.S. Bureau of the Census, Statistical Abstract of the
United States: 1969, pp. 10, 211-213, 222-223.)

In the figure, four groups were considered as minority groups who

collectively make up
over 75% of the labour force. Discrimination is not

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS
a simple matter of domination of
one or two small groups by one giant
group instead it is a competition among many
minorities
and
coalition of minorities.
What exists is a state of pluralism. It is a situation in which people of
different social classes, religions, races, etc., are together in a
society but continue to have their
different
traditions
and
interests. In pluralism, there are many power centres, none
completely
independent unto itself, but each with some autonomy. When any group
claims discrimination, it is claiming that it wants a better allocation of
resources or
power in the system.
According to US Census for 1960, before passage of federal
antidiscrimination laws,
Japanese people were the ones with the most
education in the US rather than the
whites, and the gap between them
increased steadily from 1940 to 1960. The
proportion of Japanese and
Chinese men with college degrees were 90% greater than it
was
for
white men; which was a change for Chinese who ranked third in 1940 but
first in 1960.
With regard to occupational status, both Chinese and Japanese ranked
higher than the whites. Thus, whites ranked third in both education and job
level.
For education:

1940

1960

1. Japanese

1. Chinese

2. Whites

2. Japanese

3. Chinese

3. Whites

This only shows that the social structure of the US is fluid rather than
stratified and
dominated by one particular group.

EXTENT OF DISCRIMINATION

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS
There is a difference between prejudice and discrimination. Prejudice is
an attitude of mind, whereas discrimination is an action.
Discrimination exists in both formal and informal organizations of
both employers and unions.
Formal discrimination, for example, is when an older person is
rejected for employment because of old age.
Informal discrimination, for example, is harassment and threats by
union members in such a way that a non-union employee feels a lack
of job opportunity.
Even the honoured institution of seniority is discrimination, because
seniority is a criterion not based on quality of job performance. The
longer-service employee is not necessarily the better performer; hence, a
promotion by seniority discriminates against better producers in many
cases.

DISCRIMINATION AND THE LAW

We all have personal preferences which we wish to be accepted and
respected by others so we accept and respect theirs. Hence, mutual
benefit is considered in making choices.
When a preference becomes general practice, those who feel
discriminated by it will band together and appeal for corrections of said
discriminating practice, but if it is too widespread, they tend to appeal for
legislative actions, which was the case for the Civil Rights Act of 1964.
Civil Rights Act of 1964 (Title VII)
- Equal Employment Opportunity
- Requires employers, labor unions, and employment agencies to
treat all persons without regard to race, color, religion, sex
or national origin in all phases of employment.
- An exemption is provided to allow use of seniority for job choices
- Applies to employers and unions that affect interstate commerce
and have fifteen or more employees.
The Age Discrimination in Employment Act of 1967
- Added age as a characteristic for which employment discrimination
is prohibited
- Ages 40 65 are covered by the law
Racial Discrimination Act of 1975
- Australian Parliament

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS
-

States that it is against the law to discriminate in areas such as

employment, housing, etc.

Anti-discrimination Laws in the Philippines

Labor Code of the Philippines Article 135
- prohibits discrimination against women
Republic Act No. 6725
- An Act Strengthening the Prohibition on Discrimination Against
Women with Respect to Terms and Conditions of Employment
Senate Act No. 29
- "Anti-Age Discrimination In Employment Act of 2013
by Senator Pia Cayetano
House Bill No. 647
- Anti-discrimination Act of 2010
by Hon. Juan Edgardo Angara
Prohibits discrimination against persons on account of
ethnic origin and/or religious belief
By removing discriminatory practices, all groups should be able to work
together in more harmony, improving individual productivity of
employees.

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS

THE EQUAL
COMMISSION
PROGRAMS

EMPLOYMENT OPPORTUNITY
AND AFFIRMATIVE ACTION

The Civil Rights Act established an Equal Employment Opportunity

Commission to administer the equal employment provisions. It is a federal
law enforcement agency that enforces law against workplace discrimination
and investigates discrimination complaints based on race, color, national
origin, religion, sex, age, disability, etc.
The EEOC holds hearings and tries to settle valid complaints by conciliation
and persuasion. If measures fail, complaint may be taken to federal court for
a court order requiring appropriate remedial action.
Chief Weapons of EEOC
1. Detailed investigations that require employers to keep elaborate
records about minorities in order to answer allegations
2. Affirmative Action Programs
- Employer programs intended to promote the opportunities of
defined minority groups within a society, in an accelerated basis, to
give them equal access to that of the majority
It follows that as employers scramble to meet goals for higher
proportions of
minorities; these minorities have more-than-equal
employment opportunity
compared with others of equal ability.
This results to reverse discrimination. It
discrimination designed
to compensate for an
discrimination.
For example:

is an opposite
alleged earlier

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS
For four years from the date of a court order a company was
required to hire two blacks for every one white until the
combined work force, production and clerical, was consistent with
the black-white ratio in the 1970 U.S. census.
A U.S. Court ruled in a consent decree that at least 60% of future
promotions to management levels in a bank will be filled with
women and minorities. By a stated future date the banks
managerial ranks must have at least 9%blacks, 14% Hispanic, and
37% women.
EEOC has created behavioral problems when nonminority employees
suffer reverse discrimination, especially regarding promotions for which
they have worked and
prepared. They argue that the way to end
discrimination against some is not to discriminate
against
others.
Minorities reply that affirmative action is required to
compensate for
past discrimination in order to equalize present conditions.

DISCRIMINATION AND THE LAW

Requirements to establish equal employment:
1. Well-designed equal employment program
In large organizations, an office is put up in a high level to secure
results of implementing equal employment opportunities. While
in small organizations, a key person is given the added duty of
equal employment opportunity.
2. Gather data to identify problem areas
Information is sought about such items as seniority, salary,
education, promotions, and employment level of minorities. For
example, a public school thinks that it has no discrimination
regarding women since most of its employees are women. But
data may show that majority of managerial and better-paying
jobs are held by men.
3. Identify and develop those minorities in the organization
that have potential for promotion
The thought of a possible promotion would motivate minorities to
improve their productivity and performance. For example, when
equal employment became reality, a number of women and

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS
blacks became interested in self-development plans for possible
promotion.
4. Be sure that there are equal recruitment activities for all
types of people
Nontraditional employment the policy to create an
image of unisex equally acceptable to men and women
Recruitment should be in ways that reach all types of minorities,
and any advertising should portray equality in all types of jobs.

Following are some of the affirmative action recruitment efforts

made by one employer trying to meet proportional employment
goals expected by the EEOC:
1.
2.
3.
4.
5.
6.
7.

Selective recruiting in high schools having mostly

minority students
Selective recruiting in black and womens colleges
Establishing a recruiting office in a minority
neighbourhood
Selective advertising in minority newspapers
Hiring minority recruiters
Relaxing employment standards for minority applicants,
particularly with regard to education, experience, and
criminal records
Special training programs for minorities lacking
employable skills

5. Communication within the organization

This is important to maintain constant awareness of the equal
employment
opportunity program and of the policies that exist to
implement it.
6. Appraisal and follow-up
Managerial appraisal system must reflect minority employment
because managers tend to emphasize the practices on which
they are appraised. Follow up provides basis for correcting
deficiencies in the program.

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS

EMPLOYING WOMEN
Men can keep their bus and train seats. Just
give us women more seats in the executive
offices.
- A woman manager
Historically, women have received less pay than men in equal jobs, although
this kind of discrimination is now prohibited by the Federal Equal Pay Act of
1963 and state equal pay acts. However, research using census data also
suggests that women have fewer jobs that require substantial discretion, or
decision making.
Women employees are the largest minority group included in the Civil Rights
Act (40% of employed labour force) but in some occupations, they are not as
well accepted as men.
In spite of lower pay, less discretion and lack of access, research reports that
women, on the average, hold jobs of equal occupational status with men.

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS
One reason for the high occupational status of women is that they dominate
in a number of high-status jobs such as nursing, teaching, and clerical work.
These are more than sufficient to offset their participation in lower-status
jobs.

JOB RESPONSES OF MEN AND WOMEN

Comparisons of men and women show more similarities than differences.
For example, they are equal in the importance they give to having jobs
with high chances of promotion. They equally like intellectually
demanding jobs.
In supervisory level, men and women who occupy similar positions are
shown to have similar patterns of leadership behaviour and levels of
effectiveness.
However, some of the differences result from socialization of men and
women. For example:

Women tend to give more emphasis to interpersonal

relationships and desirable working conditions.
Some women with home responsibilities develop role conflicts
between job and home responsibilities.
However, when job responses are viewed as a whole, there
appear to be few male-female job differences which can operate
as advantage or disadvantage in various circumstances.

EQUAL EMPLOYMENT FOR WOMEN

Many of the impediments to equal employment are built
into the social fabric of organization as a result of
historical differences in the roles of men and women, so they
often are difficult to remove.
For example, men often go to a business lunch together, not inviting a
woman executive because they feel more comfortable among themselves.
The result is that she may be left off grapevine tidbits of useful
information about what is happening in the organization and the business
world. As a result, she may not understand their personality as well as she
could so she is handicapped in interpersonal relations with them about
some job problem.

EMPLOYMENT DISCRIMINATION AND LESS-ADVANTAGED

PERSONS
The most appropriate approach is to include women in all activities in the
organization and treat men and women equally, as individual persons,
understanding individual needs and problems among both sexes.
In seeking equal employment opportunity, firms can quickly remove many
impediments and annoyances for women, but others imbedded in the
external society probably will disappear more slowly.