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People diversity add value to the organization if handle in the right manner , diversity contain almost all ways in which people differ such as education, sex orientation as well as more obvious ones of gender,ethnicity and disability. Diversity has it’s major concern organizational culture and the working environment.( This is adapted from R Kandola and J Fullerton’s Diversity in action: managing the mosaic.)
“A strategy to promote values, behaviour and working practices which recognise the difference between people and therby enhance staff motivation and performance and release potential,devliering improved service to the customer ( Taken from R R Thomas’s Beyond race and gender)
Benefits from Diversity:-
There are benefits involved if diversity managed efficiently and prfessionally. Relationship amongst the employee improved and become more productive in which everyone have their own views and ideas can thrive.you will have small number of issues to resolve and also better staff preservation. Spirits of the employee will progress dramatically and that will draw value staff from different organizations with professional management coordination. Managing diversity in a professional way can add to the strenght and welfare of culture , and help to construct a robust , improved financial system. Moreover legal charges of discrimination can be kept away along with the associated harmful publicity and ruin the employe relations.
Equality can be illustrated as breaking down barriers, abolishing discrimination and guarantee equal prospect and access for all units both in employment, and to goods and services; the foundation of which is supported and shield by legislation.(ref:www.bl.uk)
Equality and diversity are not inter-changeable but inter-dependent. There can be no equality and farness of prospects if difference is not valued and confront.
EQUAL EMPLOYMENT CONCEPT & LAW:-
Everyone want to attain the objective of equal employment but still there are always variation of view to attain the goal of equal employment, One way is to use the “blind of difference” method which means everyone should be treated evenly and diversity among the employe should be overlooked. The other way is to use the “affirmative action” through which employers are insisted to hire set of people based on their race,age,gender and nation origin. But second approach is always challengeable and upheld in many courts around the world.
The word discrimination simply means “recognizing differences among items or people”
However discrimination is illegal in employment-related situation in which either different standard are used to judge different people or the same standard are used to but not related to the individual job.
The following bases of discriminations have been identified by different federal,state,and local laws.
Race ethnic origin,color
Individual with disabilities
Human right Act in united kingdom:-
In the united kingdom,the human right act (HRA) of 2000 was passed. This act allow worker in united kingdom to bring claims for employment discrimination and ill-treatment in uk courts, though it covers only public employees.
The human rights provided by the act include:
Prohibition of torture or inhumane or degrading treatment
Right to a fair trial
Right of respect for private and family life
Right to freedom of expression
MAJOR FEDERAL EQUAL EMPLOYMENT OPPORTUNITY LAWS AND REGULATIONS:-
Title vii,civil right act of 1964
Prohibits discrimination in employment on the basis of race,color ,religion or national or national origin
Diversity management programme and activities:-
A abroad range of programme and actions have been used in organization as section of diversity management efforts. For diversity to become successful,the one most important thing is seeing it as a commitment right through the organization, beginning with top management. Diversity consequence must be calculated and management liability for attaining these result must be underline and rewarded.
There should be some guidance for the diversity to minimize discrimination and harassment lawsuits and other goal could be improving acceptance and awareness of people with different background, experience, capabilities and different way of life.
Backlash against Diversity Efforts:-
There could be a damaging result for the diversity attempt as well. Firstly, individual belonging to Protected Group, such as racial minorties sometime see the diversity efforts as isufficient. Thus it looks like that managing a diversity programme lifting the expectation level of protected group individual but programme is not meeting the prospect. Which then create more pessimism in the mind of employees.
On the other side, individual who are not the part of that protected group especially white males believe that the importance on diversity sets them up as scape-goats for the collective issues created by increasing diversity. Diffrerent surveys shows the anger of while male on diversity efforts. In some cases those activities are only considered benefiting only women and minorities and taking away opportunities from men and non-minorities. Diversity is veracity for employers today, and efficient diversity management is really significant to HR management.
Reocrd-Keeping The IMPORTANCE OF ACCURACY
In order to ensure that there is no discrimination in a working surroundings and that employees are content with their working atmosphere, the HR department has a number of task. Their admin task to make sure that everyone is treated impartially and that there is no kind of discrimination. Administration from their department should be exact and out in order. The key administrative assignment that keeps this all intact is employee records.
Significance of accracy in record keeping is an vital part of a HR department in any organization. Human resource management covers many concern. If these tasks are not dealt with accurately , the impact on the HR department and the company standing can be very destructive. This could effect in unfavourable response from employees, managers and could also bring down the morale of the employees which would result in utmost capability not being accomplished.
Human resource administration shield a wide range of concern and circumstatnces. Danger of either not undertaking and administrative duty at all, or of doing it but not getting it spot on,can be far reaching. In terms of the profile and standing of human resources,the variation is marked. Getting the administration precise possibly means that no one will essentially take notice of it but on the other hand getting it wrong means lot of criticism and objection and also lack of reliability of Human Resource Funcition. Ultimately this will bring the self-esteem of the whole organisation down.
LEGISLATION IMPACT ON DISCRIMINATIONS:-
There is major employment legislation that influence on the recruitment process. However the Sex Discrimination (indirect discrimination and burden of proof) regulations 2001 put the weight of proof in sex discrimination cases on the defendant. In case linked to recruitment, this means that the recruiter must be able to show that they have not discriminated in any process of recruitment.
Recruitment administration should also show that organisation is stick to the principle of Equal Pay Act 1970 that present for equal pay for women and men in the same service, where they are employed in like work ,work rated as equivalent or work of equal worth.
Race relations Act 1976(amended 2000) present that it is prohibited for a person to discriminate against another person in the plan made for determining who should be offered employment, in term of offers, or by tenaciously omitting to offer employment on the basis of race ( including colour, nationality, or ethnic or national origins) or on the basis of sex ( including marital status and gender reassignment). Moreover , employement equality regulation 2003 make it illegitimate for employers to discriminate on the base of sexual orientation and also make it illegitimate to discriminate on the base of religion or belief.
Recruitment administration structure can handle all that by keeping record of all the information regarding sex,race and ethnic origin. By keeping all these documentation can help to demonstrate that no particular group has been treated any different from others.
The protection from Harasssment Act 1997 provides that a person should not follow a route of conduct that concern another person or causes them distress and this applies equally in the recruitment process as well.
The Disability Discrimination Act 1995 has big influence on recruitment administration. This act make it against the law to discriminate against a person who has physical or mental mutilation that has a considerable or long-term consequence on their ability to perform normal day-to-day performance. The act demand employers to take rational steps to oblige a disabled person. A disable person should never have any disadvantage in any selection process. Recruitment administration should make sure that disabled candidates should be given any particular requirement or modification they required.
The asylum and immigration act 1996 make it an crime to employ a person who has not got the right to work in uk . This means that requirement administration system should put in place to check the natonality e.g. passport and work permits to make sure that company is working according to the legislative requirements.
Moreover , Human Rights Act 1998 puts an emphasis on an employee’s right to privacy and freedom of expression and as a result recruiters should consider carefully the interview questions they ask and make sure that they are based on job related criteria.
Several cases have been shown regarding the physical appearances of the employees. Uniform code should be applied to all the employes regardless of what gender they belong either man or woman . Like,establishing a dress code for a women but not for a men has been considered as discriminatory. However employers should make sure that while enforcing the dress standard for a women employees who are member of any particular religions that prescribe approptriate and inappropriate dress and appearance standard. Few of the cases of employment discrimination are based on height or weight. Employers should make sure that any weight or height requirement should be related to the job.
Recent battle in a number of communities describe the depth of emotions that accompany discussion of “Gay Right”. Law have been passed to prohibit discrimination based on sexual orientation or lifestyle. Even the issue of benefits coverage for domestic partners whether heterosexual or homosexual .
The risk of discrimination claims are associated both with recruitment administration and with the robustness of the recruitment processes. Assuming that an organisation has robust recruitment processes in place ,good record-keeping wil be important to enable the recruiter to show that no discrimination has occurred if a claim is made. The risk of discrimination claim succeeding are extremely high. There is a big need to put mechanisms in place to reduce the risk has an impact on individual recruiter as well as the organisation as a whole.
To prevent discrimination , the HR department are given guide lines that they may or may not ask respective candidates. The wording of these discriminations are essential and although they may vary depending on legalities of the country. They are pretty consistent throughout.
THINGS MAY BE DISCRIMINATORY OR MAY NOT BE IN PREEMPLOYMENT INQUIRIES:-
Pre employment inquiries and identifies whether they may or may not be discriminatory. Following are the few examples to lawful and unlawful pre-employemnt inquiries.
Subject of inquiry
May not be discriminatory to inquire about
May be discriminatory to inquire about
Whether applicant has ever worked with different name
The original name of applicant whose name has been legally changed
Applicant over the age of 18
Date of birth or date of high school graduation
Applicant place of residence
Previous addresses or birthplace of applicant or applicant’s parent
Whether applicant is uk citizen or has a work permit
Whether applicant is a citizen of a country other than uk OR date of citizenship
Language applicant speak or write fluently
Applicants native tongue or used at home
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