Gender Discrimination Essay
Through this essay we’re going to analyze how a gender discrimination case is proved in the workplace. According to the Law offices of David H. Greenberg, “proving discrimination in the workplace is more or less the same weather the discrimination is on the basis of age, race, sex, national origin, or anything else that is illegal” (para. 1). Step one is the employee’s position. Here we have a young lady in her early thirties, who is a Assistant Property Manager for HP Properties in West Virginia. She applied for an open Property Manager position within the company. Obviously a step up from Assistant Property Manager. However, the position was awarded to a gentlemen who had been with the company less time then her and had also not met one of the job requirements. As a Property Manager, you must have your Real Property Administrator certificate (RPA), which he did not have. Although she did meet that requirement by just receiving her designation, she was not awarded the position. She immediately contacted a lawyer because she felt discriminated against. Workplace discrimination is wrong and illegal for these reasons: “God did not intend for people to exercise undue control over other people and (2) the law recognizes that it is important that employers should not conduct themselves as though they possess undue control over other people” (Walker, para 3).
She has a case because she is a member of a protected class or category. “Sex or gender” is a protected class (Law offices of David H. Greenberg, para. 5). Also, she has suffered from adverse employment action, which according to the law offices of Greenberg “is anything the employer does which affects the employee’s job and isn’t positive” (para. 7). The employer must now defend himself by stating that there was a reason for the adverse employment action. Saying that they hired the gentleman because he was best qualified for the job. Now the employee must prove that she was not promoted because she is a woman. In the “most recent court cases have said that the employee must come up with some actual proof that there was discrimination in the workplace” (law offices of Greenberg, para. 11). In this case she has to prove that the gentlemen was not the best qualified for the job like the employer is stating. She has to prove that she was not promoted because she is a woman. Her proof is that she has been with the company longer and knows their company policies better than he does. Also, she has her RPA designation, which relates back to the field. He does not have this designation which was required from the beginning for the position. She also needs to look back the hiring and promoting history of the company. If the company has not hired or promoted many women in the past for this position, “she might be able to prove her case with statistics”. According to the Law offices of Greenberg, “if the numbers are good enough, they can be very strong evidence of discrimination” (para. 19).
This was definitely disparate treatment in the workplace. Which is “straightforward discrimination in the workplace…..treating a person differently because of a protected class, like sex or race” (Law Offices of Greenberg, para 21). This is what happened to our young lady from West Virginia as a posed to Disparate Impact, which is “where some type of company policy excluded a certain individual or individuals from the job or from promotions” (Law Offices of Greenberg, para 22). She was not promoted because she did not qualify for the job, but because she was a woman.
The number one thing employees need at the workplace is education. Also, managers with much training on employment law. This will only protect the company from any litigation, along with a bad reputation. Also, to keep everything you do or say consistent. The employer might not be held against discrimination if he treated everyone the same.
Discrimination in the workplace is a big deal and the courtrooms are not taking it lightly. Many states have even passed their own laws against gender discrimination. For example, Illinois passed a “New Equal Pay Act and Expands Statutory Coverage” (Mersch para. 1). This prohibits an employer to pay one sex less than the other (Mersch, para. 1). Laws like this by the state and Federal Government are necessary to insure equal employment opportunities.
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