Discussing EEO Law with Organizational Leaders #Tinsley-Coleman
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Reviewing data for consideration in organizational ethical reviews. Defining strategies and approaches in review of the Age Discrimination Act in Employment of 1967.
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Discussing EEO Law with Organizational Leaders #Tinsley-Coleman
- 1. Discussing EEO Law with Organizational Leaders Erenne’ N. Tinsley-Coleman University of Phoenix
- 2. The ADEA prohibits discrimination in employment on the basis of age with consideration to employees 40 years of age or older. The 1967 Age Discrimination in Employment Act (ADEA)
- 3. Protections of the ADEA Act apply to employees and job applicants making it unlawful to discriminate based on age in hiring, firing, promotion, compensation, training and job position. Types of Employment Covered by ADEA Law
- 4. Maintaining adherence to the laws in the ADE Act pertain to Employer Practices making it unlawful to refuse, segregate or limit certain individuals in hiring, discharge and wage including depriving and/or intending to deprive individuals based on age. Adherence
- 5. Applicable to reduction in force strategies, negating from “older worker” stereotypes involves the development and implementation of criteria and consistently applying it in employment practices Disciplined Approaches
- 6. Implementing Harassment and Discrimination policies that clearly address age discrimination Preventing Age Discrimination
- 7. Determining adverse impact involves organizations who review their organizational policies including compensation and benefits in respect and in regards to older workers. Workplace Analysis
- 8. Sending the right message from the top involves business leaders who set the tone in organizations by encouraging strategies that include retaining the right talent including older workers. Setting the Tone
- 9. Implementing strategies that clearly indicate non tolerance policies against discrimination of any kind. Workforce Training
- 10. Interventions in preventing workplace discrimination Help organizations maintain an affirmative defense strategies Employee education and responsibilities Identifying and recognizing behaviors that lead to discrimination claims Consultation and Advisement
- 11. Claims Defense Examining employer actions Exercising reasonable care Proving corrective measures in correcting and preventing discrimination
- 12. Comprehensive Planning Creating a company business plan setting an agenda addressing responsibility, communication and awareness System reviews involving workforce planning including evaluation of plans, documents, judgments and assessments involving discrimination claims
- 13. Communication Strategy Outline Evaluating constitutional Equality in employment practices Testing for unfair discrimination Prepare, report, consult and disclose duties of designated employers
- 14. Conclusion
- 15. Blakeboro, A. A. (1980). Allocation of proof in ADEA cases: A critique of the prima facie case approach. Industrial Relations Law Journal, 4(1), 90. Retrieved from http://search.proquest.com/docview/231142171?accountid=35812 Hirsh, E., & Lyons, C. J. (2010). Perceiving discrimination on the job: Legal consciousness, workplace context, and the construction of race discrimination. Law & Society Review, 44(2), 269-298. Retrieved from http://search.proquest.com/docview/874023546?accountid=35812 Marczely, B. (1998). Defending effective supervision in a litigious climate. National Association of Secondary School Principals.NASSP Bulletin, 82(602), 89-94. Retrieved from http://search.proquest.com/docview/216026929?accountid=35812 Mujtaba, B. G., Cavico, F., Hinds, R. M., & Oskal, C. (2006). Age discrimination in the workplace: Cultural paradigms associated with age in afghanistan, jamaica, turkey, and the united states. Journal of Applied Management and Entrepreneurship,11(1), 17- 35. Retrieved from http://search.proquest.com/docview/203874892?accountid=35812 Thompson, A. D., & Kleiner, B. H. (1995). What managers should know about age discrimination. Equal Opportunities International, 14(6), 61 Retrieved from http://search.proquest.com/docview/199600080?accountid=35812 References
Editor's Notes
- Psych 709
- The Age Discrimination in Employment Act (ADEA), patterned after Title VII of the Civil Rights Act, often borrows Title VII precedent for interpretation (Blakeboro, 1980). The ADEA is a covered basis under EEO law including protected classes and categories of any persons of the age of 40 and over. Age discrimination in the workplace impacts people of all nationalities, sizes, races, colors, religions, and ethnicities. (Mujtaba, et al, 2006).
- The ADEA protections and covered practices accommodate apprenticeship programs, job notices and advertisements, benefits and waivers of ADEA rights. The types of employment covered by ADEA law include prohibiting discrimination through adverse employment actions of hiring, firing, compensation, promotion, recruiting, testing, and pay.
- The Age Discrimination Act of 1967 prohibits discrimination in employment making it unlawful for employers. The Age discrimination in employment act precepts that one's ability, not age, should determine whether a person gets or retains a job (Thompson & Kleiner, 1995).
- Prioritizing legal resources involve preventing discrimination and harassment in the workplace. U.S Federal Anti-Discrimination and Harassment Laws include five areas in law that are pertinent to business operations including Title VII of the Civil Rights Act, Pregnancy Discrimination Act, Age Discrimination in Employment Act, Americans with Disabilities Act, and the Genetic Information Discrimination Act. Employer liability involves the direct examination of the actions of an employer and is important to disciplined approaches to negate any stereotype in particular to age as an employment practice.
- Preventing age discrimination in the workplace involves managing risk to the company or organization. Employers who seek the advice and counsel of employment law often address claims in which hostile work environments, sexual harassment, age discrimination and disability have been cited. Proactive measures in mitigating employment discrimination claims are instrumental when preventing age discrimination in the workplace.
- Drawing on the legal consciousness literature and organizational approaches to employment discrimination, assessments of the effects on social status, job characteristics, and workplace context increases likelihood that workers perceive basic discrimination at work (Hirsh & Lyons, 2010). Employers who explore processes should consider personal and contextual factors that indicate discrimination and use this data to create legal frameworks addressing regulatory compliance to the laws. Employment relations include implementing practices and procedures that comply with EEO law in respect to analyzing and mitigating legal risk in defending and preventing discrimination claims.
- Setting the tone from the top of an organization involves leaders who effect and inspire their organizations with personal ethical respect and conviction to the law. A clear understanding of the way case law and anti-discrimination including legislation function will free administrators to maintain ethical standards of performance even in the face of threatened litigation (Marczely, 1998) . Leaders who voice non tolerance of discrimination in their organizations are often influential in designating officials to oversee problem areas and consultations in defending and preventing discrimination claims that propose risks for negative perceptions of the organizations business practices.
- Organizations who offer policies against workplace discrimination include state and federal law which is required in establishing and maintaining anti-discrimination clauses that protect employees in organizational settings. In respect to workplace fairness, policies communicated with employees should include the definitions of non tolerance of discrimination in the language of what is considered under misconduct policies. Establishing rules against undesired behaviors and actions increase employee awareness of ethical conduct in the workplace.
- I/O psychology practices and approaches are contingent on factors that help build stronger and better organizations. Practioners are instrumental in organizational development in the areas of testing, selection and promotion, training and development, and employee satisfaction and motivation. In respect to organizational development, practitioners are also effective in change management that analyze climate and culture. Evaluating job design, organizational structure, help in workforce planning that increase knowledge and communications within the workplace organization.
- Areas of defense in which proving an employers actions involves direct examination of facts and details regarding if the employer exercised reasonable care and consideration to prevent and/or correct any claim of discrimination and harassment. The employer must also prove the employee failed to take opportunities from the employer in actions to correct and prevent discrimination and harassment.
- Establishing written procedures communicated through organizational policies offers general statement on an organizations position against promoting discrimination and harassment. Making policies available in employee handbooks allows for organizations to express and cover conditions of employment that include hiring, promotion, compensation and termination.
- Defending employment claims involves understanding the case along with identifying preliminary issues. Data collection efforts help in determining if there is sufficient evidence of non discrimination which involves strategy in reporting and handling documentation for litigation. Evaluating and measuring data also involves testing and assessments used for employment practices. Designating and disclosures involve a course of legal action in which organizations must prepare and communicate their legal defense and position.
- The best practices and approaches in laws such as the ADEA offer organizations the chance to improve overall cultural influence and supports diversity. By carefully examining organizational practices, organizations can address education and research in making recommendations accordingly to address problem areas and promote awareness while protecting and defending all organizational members.
- The End.