ETHICS & CORPORATE SOCIAL RESPONSIBILITY

ETHICS & EMPLOYEE / JOB DISCRIMINATION:

JOB DISCRIMINATION:
We all discriminate for and against people. Its perfectly rational to discriminate between applicants for a job and to only hire those who are the most qualified based on merit. However, there are irrational and illegitimate forms of discrimination, such as racism and sexism. There is rarely (or never) reason to discriminate against people purely on the basis of religious or political views, sexual orientation, age, or ethnicity. The use of the word discrimination shows as the equivalent to the illegitimate sort of discrimination and prejudice. Job discrimination is when business decisions, policies, or procedures are at least partially based on illegitimate forms of discrimination that benefit or harm certain groups of people or individuals from those groups. Refusing to hire black people, paying women less than men for comparable work, and refusing to give homosexuals promotions are all different forms of job discrimination. The American society in particular shows only the discriminations like against blacks, Hispanics, and women because most discrimination in the American workplace has traditionally been aimed. Discrimination is usually based on prejudice (injustice) (e.g. The belief that men dont respect women bosses, that whites are harder working than other groups, or that customers wont like to have Asian waiters unless they are in a Chinese restaurant.) Not all discrimination is intentional or conscious. Sometimes people favour some groups of people over others as a matter of personal preference, or unconsciously accept stereotypes. Sometimes no one in particular is prejudiced, but the policies or procedures of an organization are prejudiced. An obvious example would be a policy that states that women cant get supervisory positions because the boys in the company dont like to take orders from females. Not all examples are this obvious. For example, some states required a literacy test for voters and many blacks were given a poor education and couldnt pass the literacy tests. Literacy tests (and similar academic tests) used for job applications could be discriminatory for similar reasons when it doesnt directly measure the relevant qualifications concerning the job. Why is job discrimination immoral? It does already have been made clear that we are only dealing with irrational non-merit-based forms of discrimination here. That in itself doesnt sound productive. Additionally, theres a good reason that such discrimination is wrong. First, it unfairly harms people of a group. Second, its disrespectful and doesnt treat people as ends in themselves. Third, we wouldnt be willing to accept such irrational discrimination practices that target groups we would personally suffer from. Fourth, discrimination violates the ideals of equal moral equality, violates peoples moral rights, and violates the ideal of equal opportunity.

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The fifth reason is not mentioned, but discrimination often harms companies because companies do best with the most qualified employees and discrimination often prevents qualified people from attaining the jobs they would best serve. As a result it also harms customers and investors who depend on the company to hire and reward the most qualified employees who can provide us with the best products and services in the most efficient way available.

TYPES OF DISCRIMINATION:
There are many types of job discrimination which are found in the employment environment of every society 1. Age 2. Disability 3. Equal Pay/Compensation 4. National Origin 5. Pregnancy 6. Race/Colour 7. Religion 8. Retaliation 9. Sex 10. Sexual Harassment

1. AGE DISCRIMINATION
Age discrimination involves treating someone (an applicant or employee) less favourably because of his age. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states of America do have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favour an older worker over a younger one, even if both workers are age 40 or older. Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40. AGE DISCRIMINATION & WORK SITUATIONS The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

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AGE DISCRIMINATION & HARASSMENT It is unlawful to harass a person because of his or her age. Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. AGE DISCRIMINATION & EMPLOYMENT POLICIES/PRACTICES An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).

2. DISABILITY DISCRIMINATION
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavourably because she has a disability. Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favourably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment). The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability. Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.

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DISABILITY DISCRIMINATION & WORK SITUATIONS The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. DISABILITY DISCRIMINATION & HARASSMENT It is illegal to harass an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment). Harassment can include, for example, offensive remarks about a person's disability. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. DISABILITY DISCRIMINATION & REASONABLE ACCOMMODATION The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired. While the federal anti-discrimination laws don't require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. The Department of Labour enforces the FMLA. For more information, call: 1-866-487-9243.

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DISABILITY DISCRIMINATION & REASONABLE ACCOMMODATION & UNDUE HARDSHIP An employer doesn't have to provide an accommodation if doing so would cause undue hardship to the employer. Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the employer's size, financial resources, and the needs of the business. An employer may not refuse to provide an accommodation just because it involves some cost. An employer does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which one to provide. DEFINITION OF DISABILITY Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law. A person can show that he or she has a disability in one of three ways:

A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning). A person may be disabled if he or she has a history of a disability (such as cancer that is in remission). A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

DISABILITY & MEDICAL EXAMS DURING EMPLOYMENT APPLICATION & INTERVIEW STAGE The law places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability. For example, an employer may not ask a job applicant to answer medical questions or take a medical exam before extending a job offer. An employer also may not ask job applicants if they have a disability (or about the nature of an obvious disability). An employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation. DISABILITY & MEDICAL EXAMS AFTER A JOB OFFER FOR EMPLOYMENT After a job is offered to an applicant, the law allows an employer to condition the job offer on the applicant answering certain medical questions or successfully passing a medical exam but
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only if all new employees in the same type of job have to answer the questions or take the exam. DISABILITY & MEDICAL EXAMS FOR PERSONS WHO HAVE STARTED WORKING AS EMPLOYEES Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee's request for an accommodation or if the employer believes that an employee is not able to perform a job successfully or safely because of a medical condition. The law also requires that employers keep all medical records and information confidential and in separate medical files.

3. EQUAL PAY/COMPENSATION DISCRIMINATION

The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay. An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or, in the case of a wilful violation, within three years. The filing of an EEOC charge under the EPA does not extend the time frame for going to court. EQUAL PAY/COMPENSATION AND SEX DISCRIMINATION Title VII also makes it illegal to discriminate based on sex in pay and benefits. Therefore, someone who has an Equal Pay Act claim may also have a claim under Title VII.

4. NATIONAL ORIGIN DISCRIMINATION

Employers are required by federal law to treat all workers equally, regardless of whether they look or sound foreign. They must evaluate employees and potential employees based on their qualifications, not their national origin. National origin discrimination occurs when an employer fires or refuses to hire or promote you because you have the physical, cultural, or linguistic characteristics of a national group. An employer may not deny you equal employment opportunity because of your birthplace, ancestry, appearance, culture, or language. It is also unlawful for an employer to deny equal employment opportunity for any of the following reasons: your marriage to someone of a
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particular national origin (or you surname), your association with persons of a national origin group, or your membership in an organization that promotes the interests of a national group. Nor may you be denied equal employment opportunity based on of your attendance or participation in schools, churches, or mosques generally associated with a national origin group; or a surname associated with a national origin group. National origin discrimination involves treating people (applicants or employees) unfavourably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavourably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group. Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin. NATIONAL ORIGIN DISCRIMINATION & WORK SITUATIONS The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. NATIONAL ORIGIN & HARASSMENT It is unlawful to harass a person because of his or her national origin. Harassment can include, for example, offensive or derogatory remarks about a persons national origin, accent or ethnicity. Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. NATIONAL ORIGIN & EMPLOYMENT POLICIES/PRACTICES The law makes it illegal for an employer or other covered entity to use an employment policy or practice that applies to everyone, regardless of national origin, if it has a negative impact on people of a certain national origin and is not job-related or necessary to the operation of the business. An employer can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively. An English-only rule, which requires employees
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to speak only English on the job, is only allowed if it is needed to ensure the safe or efficient operation of the employers business and is put in place for non discriminatory reasons. An employer may not base an employment decision on an employees foreign accent, unless the accent seriously interferes with the employees job performance.

5. PREGNANCY DISCRIMINATION
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavourably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. PREGNANCY DISCRIMINATION & WORK SITUATIONS The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment. PREGNANCY DISCRIMINATION & TEMPORARY DISABILITY If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees. Additionally, impairments resulting from pregnancy (for example, gestational diabetes or preeclampsia, a condition characterized by pregnancy-induced hypertension and protein in the urine) may be disabilities under the Americans with Disabilities Act (ADA). An employer may have to provide a reasonable accommodation (such as leave or modifications that enable an employee to perform her job) for a disability related to pregnancy, absent undue hardship (significant difficulty or expense). The ADA Amendments Act of 2008 makes it much easier to show that a medical condition is a covered disability. PREGNANCY DISCRIMINATION & HARASSMENT It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

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6. RACE/COLOUR DISCRIMINATION
Race discrimination involves treating someone (an applicant or employee) unfavourably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin colour, or certain facial features). Colour discrimination involves treating someone unfavourably because of skin colour complexion. Race/colour discrimination also can involve treating someone unfavourably because the person is married to (or associated with) a person of a certain race or colour or because of a persons connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain colour. Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or colour. RACE/COLOUR DISCRIMINATION & WORK SITUATIONS The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. RACE/COLOUR DISCRIMINATION & HARASSMENT It is unlawful to harass a person because of that persons race or colour. Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person's race or colour, or the display of racially-offensive symbols. Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. RACE/COLOUR DISCRIMINATION & EMPLOYMENT POLICIES/PRACTICES An employment policy or practice that applies to everyone, regardless of race or colour, can be illegal if it has a negative impact on the employment of people of a particular race or colour and is not job-related and necessary to the operation of the business. For example, a no-beard employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of AfricanAmerican men (who have a predisposition to a skin condition that causes severe shaving bumps).

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7. RELIGIOUS DISCRIMINATION
Religious discrimination involves treating a person (an applicant or employee) unfavourably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group. RELIGIOUS DISCRIMINATION & WORK SITUATIONS The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. RELIGIOUS DISCRIMINATION & HARASSMENT It is illegal to harass a person because of his or her religion. Harassment can include, for example, offensive remarks about a persons religious beliefs or practices. Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that arent very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. RELIGIOUS DISCRIMINATION AND SEGREGATION Title VII also prohibits workplace or job segregation based on religion (including religious garb and grooming practices), such as assigning an employee to a non-customer contact position because of actual or feared customer preference. RELIGIOUS DISCRIMINATION & REASONABLE ACCOMMODATION The law requires an employer or other covered entity to reasonably accommodate an employees religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion.

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Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices. RELIGIOUS ACCOMMODATION/DRESS & GROOMING POLICIES Unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts). When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation. RELIGIOUS DISCRIMINATION & REASONABLE ACCOMMODATION & UNDUE HARDSHIP An employer does not have to accommodate an employees religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. RELIGIOUS DISCRIMINATION AND EMPLOYMENT POLICIES/PRACTICES An employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment.

8. RETALIATION
All of the laws we enforce make it illegal to fire, demote, harass, or otherwise retaliate against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).

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For example, it is illegal for an employer to refuse to promote an employee because she filed a charge of discrimination with the EEOC, even if EEOC later determined no discrimination occurred. RETALIATION & WORK SITUATIONS The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

9. SEX-BASED DISCRIMINATION
Sex discrimination involves treating someone (an applicant or employee) unfavourably because of that person's sex. Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex. Discrimination against an individual because that person is transgender is discrimination because of sex in violation of Title VII. This is also known as gender identity discrimination. In addition, lesbian, gay, and bisexual individuals may bring sex discrimination claims. These may include, for example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse actions taken because of the person's nonconformance with sex-stereotypes. SEX DISCRIMINATION & WORK SITUATIONS The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. SEX DISCRIMINATION HARASSMENT It is unlawful to harass a person because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a
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hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. SEX DISCRIMINATION & EMPLOYMENT POLICIES/PRACTICES An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.

10. SEXUAL HARASSMENT

It is unlawful to harass a person (an applicant or employee) because of that persons sex. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a persons sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

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HOW CAN I TELL WHETHER I AM THE VICTIM OF EMPLOYMENT DISCRIMINATION?

When trying to determine whether an employers actions are discriminatory, you should ask the following general questions. Next, consider more specific questions to determine the type of discrimination you think you may have suffered. A. GENERALLY 1. What reason did your employer give for his or her action? Often an employer will give a non-discriminatory reason for not hiring or promoting you, or for taking a negative employment action such as demoting, suspending or terminating you, or giving you a poor performance appraisal. Analyze as precisely as possible the reason offered. When you are denied a job or a promotion, the most common reason given is that the person selected is more qualified than you are. When a negative employment action is taken against you, almost any reason could be given (anything from poor work quality to tardiness). No matter what, make sure you get a reason from the employer. If necessary, ask him or her directly: .Why wasnt I hired (or promoted)? Or .Why was I fired (or demoted or suspended)? 2. Is there any documentation of that reason available? Obtain a copy of any termination letter, warning notice, performance appraisal, or any other document specifying the reason for the employers decision. Again, if necessary, ask the employer directly for such documentation. 3. Is there any evidence that the given reason is merely a .pretext., or an untrue excuse for discrimination? If you were not hired or promoted, are their witnesses or documents to contradict the reason given by the employer? If the given reason is that the person selected is more qualified, compare that persons education, experience, and performance to yours, than to the requirements of the job. Is there any documentation to show your relative qualifications in experience, time in service, education, and work quality? Are there witnesses who are well acquainted with your work and that of the person selected? If the reason was something else (such as reliability or timeliness) are there witnesses, or documents such as time sheets, that can contradict the employer? If a negative employment action was taken against you, is there documentation that contradicts the employers stated reason for the action? For instance, is there evidence of good performance (such as superior evaluations), or proof that specific items mentioned by the employer are untrue (such as writing samples to disprove a claim that you write poorly, or time-sheets to disprove a claim of tardiness or non-attendance). Are there witnesses with firsthand knowledge of the supposed events leading up to the action, who can contradict the stated reason? Finally, were you singled out or treated differently from other employees who engaged in the same activity as you but who are not of the same class (national origin, citizenship status, gender or religion) as you? If a negative employment action was taken against you while you were involved in the protected activity of opposing
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unlawful discrimination, what was the timing of that negative action? Was the individual responsible for it aware of your protected activity? Were the individuals who made the decision the same as those about whom you were already complaining about unlawful discrimination? Do you have documents or witnesses to show that you maintained your work product and quality despite your involvement in the protected activity? (Often, in a retaliatory discrimination. case, the employer will say that the employees work deteriorated once his or her involvement in opposing unlawful discrimination began.) 4. Is there additional evidence from which intentional discrimination can be inferred? Simply disproving an employers given reason for the employment action may not be enough to establish discrimination. Is there any direct evidence of discrimination, such as derogatory comments about people of your national origin (or citizenship status or gender or religion) by the person who was responsible for the unfavourable employment decision? Is there circumstantial evidence? Did the employer violate its own procedures in making the decision, for instance, by hiring someone beyond the deadlines or below the specified qualifications? Alternatively, does the employer have a pattern of taking negative actions against, or not hiring, members of your class.? Whom else has the employer hired or promoted? What percentage of those people were members of your class.? What percentage of applicants, or those eligible for selection, were members of your class.? Is there any discriminatory pattern that can be determined? B. SPECIAL QUESTIONS FOR HARASSMENT CASES 1. Was there discriminatory harassment? Have negative or unwelcome comments, or specific incidents, regarding your class. Membership occurred in the office over time? Alternatively, has at least one seriously offensive or degrading incident or comment occurred? What was the worst incident? What was the most overtly discriminatory incident? What was the very first incident? Were there any witnesses? (Witnesses are especially important, since there are no .legitimate reasons for harassment.) Is there any direct evidence of discriminatory harassment -- degrading posters or pictures, offensive drawings or desktop items, public statements by company officials, or similar evidence? Are there other members of your class who are not harassed? (If the comments or incidents are clearly related to your .class. status, it can still be discrimination even if you are the only member of your .class. to whom it occurs.) Are others who are not in your class harassed in the same way? (If so, the harassment against you might not fall under federal discrimination laws, but you might have a different remedy under state law.) Are the individuals who commit the harassment members of your class.? 2. What type of harassment is it? Remember that there are two types of discriminatory harassment. In the more common type, a .hostile work environment. Discrimination may exist when offensive comments or actions related to your class. Memberships are pervasive and unreasonably interfere with your work performance, or negatively affect your employment opportunities.
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The second type, .quid pro quo is the specific case where unwelcome sexual advances or requests for sexual favours make you fear negative employment action. 3. Did your employer know, or should he or she have known, of the harassment? Were the individuals responsible for the harassment supervisors, managers, or other individuals entrusted by the employer with substantial authority? If so, or if they appeared to be so, knowledge of their actions may be imputed to the employer. If the offending individuals were colleagues, what steps did you take to inform your employer or a supervisor? Again, the employer is responsible for the harassment if you have complained about it to higher-level employees. Have you taken advantage of any complaint system for harassment at your place of employment? 4. What is the harm? How has the harassment interfered with your employment? Has it had a material effect on your working relationship with your employer? Has it affected your advancement opportunities? Has it caused emotional distress that has damaged the quality of your work, or interfered with your personal life? C. IDENTIFYING TYPES OF DISCRIMINATION 1. National origin discrimination. Did an employer treat you differently because you are Arab? Or because you have an accent? Or because you were born in an Arab country? Or because your name sounds Arabic?

(If you have an accent and are told over the telephone that all positions for an advertised job are filled, you might ask a friend with no accent to call and inquire about the job. If your friend is told that there are positions available, you may have been the victim of national origin discrimination.) Have you been denied promotions that have been granted to nonArabs of equal or lesser qualifications? Did a prospective employer ask you questions about where you or your family were from, or what language you speak? Does your present employer, your supervisor, or your colleagues make negative comments about Arabs, or call you names like .terrorist. or .oil sheik.? How are members of other minority groups treated? How are workers of European ancestry treated in comparison? 2. Citizenship status discrimination or document abuse. Did an employer treat you differently because you are not a U.S. citizen? Or because the person is not a permanent resident? Did an employer demand to see your green card, passport, or birth certificate before hiring you? Or refuse to hire you merely because your work authorization document has a future expiration date? Have you been denied promotions that have been granted to U.S. citizens of equal or lesser qualifications?
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Do people in your office know your citizenship status and make disparaging comments about immigrants or foreign workers? 3. Gender discrimination. Did an employer treat you differently because you are a woman? Do you receive a lower wage than a male employee who performs the same work? Have you been denied promotions that have been granted to men of equal or lesser qualifications? Were you fired because you were pregnant, although you were still able to do your job? Does your employer, your supervisor, or your colleagues make offensive comments about women or sex in your presence? Are there any offensive sexually explicit pictures, photographs, or desktop items in your office? Are unwelcome sexual jokes or comments directed at you? Have unwelcome sexual advances been made to you by your employer, supervisor, or colleagues? 4. Religious discrimination. Did an employer treat you differently because you are a practicing Christian or Muslim? Did an employer refuse to allow schedule changes that would accommodate your religious practices, although these changes would not hurt the employer? For example, did an employer refuse to grant you time off for Eid or Christmas, even though a competent co-worker was willing to work in your place? Does an employer not allow you to attend the Friday prayer, even though you are willing to make up the time by arriving earlier or leaving work later on that day? Did an employer ask you to shave a beard that you wore out of religious conviction? Did an employer ask you to remove your head cover (hijab), or change your work location or assignments once you started wearing it? Have you been denied promotions that have been granted to people of equal or lesser qualifications of a different religion? Does anyone in your office who knows your religion make offensive comments about it such as by referring to Muslims as terrorists? 5. Retaliatory discrimination. Did an employer take any negative employment actions against you after you filed a charge of discrimination? Or after you participated in the investigation process of a discrimination charge? 6. Disparate impact discrimination. Does an employer use employment practices -- such as height requirements, time availability requirements, educational requirements or written examinations -- that result in screening out women or minorities, without a legitimate business justification?

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WHO ENFORCES THE LAWS AGAINST EMPLOYMENT DISCRIMINATION?

Various federal, state and local laws protect against different kinds of employment discrimination. Accordingly, various federal, state and local agencies have been created to enforce these laws. If you believe an employer has discriminated against you, you should contact one of these agencies in order to get more information and to file a claim of employment discrimination. The following sections describe these agencies, the laws they enforce, and how to determine which agency you should contact. Equal employment opportunity commission (EEOC) Office of special counsel for immigration-related unfair employment practices (OSC) State and local human rights commissions Race discrimination and the right to contract. Courts of law

WHAT CAN EMPLOYERS DO?

There is no place for discrimination in any area of the employment relationship. It is clear that the costs associated with not considering the older worker are considerable and could be perceived as counterintuitive Executive leadership needs to endorse the support of the older worker that is reflective of the organizations mission, vision and values. Conduct mandatory training in what diversity in employment means. Review all hiring practices, including on-line applications. Break through stereotypes. Attend a local college/university seniors college or class to experience firsthand an untapped source of talent. Recognize that working is not always a source of supplemental income and benefits for those 55+. Over qualified does not mean over-the-hill. Those 55+ can learn technology with the right instruction.

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AFFIRMATIVE ACTION: THE MORAL ISSUES

Legislators and the Supreme Court can decide when affirmative action is legal, but they cant determine when (or if) its moral. Shaw discusses arguments for and against affirmative action that include programs taking race or sex of employees or job candidates into account as part of an effort to correct imbalances in employment that exist as a result of past discrimination, either in the company itself or in the larger society Excluded are programs that establish rigid, permanent quotas or that hire and promote unqualified persons (ibid.). I dont know why Shaw states that affirmative action is meant to only counter past discrimination. Discrimination still exists. People and institutions often give preference to non-minorities over minorities, as was already made clear above. Affirmative action could be used to counter discrimination that still exists to make sure prejudice has a smaller impact on administrative decisions that can benefit and harm workers. ARGUMENTS FOR AFFIRMATIVE ACTION 1. Compensatory justice demands affirmative action programs (329) Past discrimination has harmed minorities and we should try to compensate for that damage. (However, (a) its not clear that employers have a duty to compensate for the wrongs done by others and (b) affirmative action doesnt compensate to the actual people who were harmed by past discrimination.) 2. Affirmative action is necessary to permit fairer competition (329-330) Blacks, Hispanics, and other minority groups are still disadvantaged because of past discrimination, and affirmative action can help them rise above disadvantages that they still suffer from. (However, its prejudiced to assume that only minorities suffer from unfair hardships when many whites have also had to do so.) 3. Affirmative action is necessary to break the cycle that keeps minorities and women locked into low-paying, low-prestige jobs (330) Its unfair that certain minorities are trapped into worse jobs than white men and it would take hundreds of years to change that situation without affirmative action. (However, affirmative action can make people racially conscious and white men can resent minorities who get good jobs by assuming that it was because of a form of reverse-racism.) ARGUMENTS AGAINST AFFIRMATIVE ACTION 1. Affirmative action injures white men and violates their rights (ibid.) The group you belong to is irrelevant to your qualifications and people should be treated as individuals with unique qualifications instead. Affirmative action doesnt treat people as individuals and can harm white men who might not enjoy advantages that are enjoyed by minorities just because they are minorities. (However, white men have more advantages than other groups and affirmative action can help provide a better balance of advantages by taking minority groups into consideration.) 2. Affirmative action itself violates the principle of equality (330-331) If its wrong to treat people unequally, then its also wrong to treat them unequally to give minorities an advantage over whites. (However, being in a minority group already
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prevents people from being equals and affirmative action helps counterbalance the advantages enjoyed by white men.) 3. Non-discrimination will achieve our social goals; stronger affirmative action is unnecessary. Civil rights legislation already requires non-discrimination and strict enforcement of the law is all that we need to stop discrimination. (However, lawsuits are not always successful, not everyone wants to sue their (potential) employer, and its extremely difficult to prove non-egregious and non-blatant forms of discrimination.) I believe that the opposition to affirmative action tends to rely on the assumption that affirmative action doesnt help prevent actual discrimination that exists right now despite evidence that discrimination is widespread. So far affirmative action seems to be the only solution to that issue, but certainly more research could help us decide on whether or not it is effective. This argument is utilitarian. It is possible that there are deontological reasons to oppose affirmative action. Perhaps it illegitimately restricts freedom, disrespects people by assuming there are prejudiced, and so on.

CONCLUSION
When they speak of equal opportunities in the context of discrimination, many people think about the inequality of chances between different categories of people, for instance between poor people and rich people. This sort of inequality cannot be solved by company policies, but the public policies, especially the education policies, are the only ones that can attenuate this problem. This kind of inequality is related to the concept of moral merit. The recruitment process is not based on moral merit. An individual deserves more and is morally appreciated when his performances are based in a higher degree on his/ her individual efforts. The achievements of a person born in a poor family are more valuable than the ones of a person coming from a rich family. So, there should be no discrimination at all and people should be treated equally on the base of their education, knowledge and performance.

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