Examples Of Gender, Sex & Racial Discrimination

<p>There are federal and state laws that prohibit discriminatory practices based upon sex, gender or race. Retaliation against a person who complains about discrimination, or who files charges of discrimination or participates in an investigation or lawsuit, is also illegal. Employers are more likely to avoid allegations of discrimination in their employment policies and practices if they recognize and understand examples of prohibited acts of discrimination.</p>
<p>Recruitment and Advertising</p>
<p>It is illegal to advertise or recruit workers for a job that gives preference to a particular race, gender or sexual orientation. For example, a job listing posted in a Spanish language newspaper that specifically asks for females or women to fill a position would appear to discriminate by targeting the female and Hispanic audiences.</p>
<p>If the result is that most newly hired employees are Hispanic women, a company’s recruitment policy violate antidiscrimination laws. The same conclusion would hold true if an employer with a workforce that was composed of members of predominantly one race used recruitment by employees as the only method of attracting new workers. If the result was that most new workers were of the same race as the current workers, the company could face charges of racial discrimination.</p>
<p>Clothing and Dress Codes</p>
<p>Some states, such as California, make it illegal for an employer to discriminate on the basis of sex by refusing workers the right to wear pants. Unless the employer mandates that workers performing similar jobs wear uniforms or costumes, all workers must be given the opportunity to wear pants.</p>
<p>Testing and Standards for Employment</p>
<p>Some organizations, such as the armed forces, law enforcement agencies and fire departments tend to be predominantly male-populated organizations. It is illegal for such organizations to establish minimum physical strength and agility standards for job applicants that are not related to the actual tasks performed on the job. For example, making it a requirement that all applicants for the a job as firefighter must be at least six feet tall would discriminate against women and be illegal unless it can be shown to be essential to the performance of the job.</p>
<p>Responsibility of Management</p>
<p>Employers may not allow unwanted sexual advances, verbal or physical conduct of a sexual nature, or other forms of sexual harassment to exist in the workplace. Sexual discrimination of this nature would include leering, making sexual gestures, graphic verbal comments of a sexual nature or making sexual propositions. Some state statutes make employers liable even if management of the company was unaware of the offending conduct.</p>

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