LAW 500-2: Anti-Discrimination in Business and Corporation Law

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This report, prepared for LAW 500-2, examines anti-discrimination in the context of business and corporation law. It explores the benefits and costs associated with the voluntary prohibition of federal and non-federal forms of discrimination, including race, sex, national origin, and marital status. The report also delves into diversity hiring and promotion practices, analyzing their impact on brand value, employee satisfaction, and ethical considerations. Furthermore, the report provides recommendations for businesses to adopt ethical practices and embrace workplace diversity, emphasizing the importance of voluntary compliance with anti-discrimination principles and the management of employee differences for a positive and ethical work environment. The report concludes by highlighting the significance of ethical considerations and the adoption of good practices beyond legal requirements.
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Running Head: BUSINESS AND CORPORATION LAW 0
Law 500-2
2/25/2019
Student’s Name
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LAW 500-2
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Contents
Introduction......................................................................................................................................2
Voluntary Prohibition of Federal Forms of Discrimination............................................................2
Voluntary Prohibition of Non-Federal Forms of Discrimination....................................................3
Diversity Hiring and Promotion Practices.......................................................................................4
Ethical Consideration.......................................................................................................................5
Recommendations............................................................................................................................6
Conclusion.......................................................................................................................................6
References........................................................................................................................................7
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Introduction
Anti-Discrimination is an important concept of employment law. As the name implies,
Anti-discrimination law prevents discrimination against a particular group of people (Lo, 2018).
Every country has different laws on the subject of discrimination at the workplace. Many of the
characteristics are there which are protected under various anti-discrimination law of the nation.
The laws are not voluntary at present and the employers to whom such laws are applicable have
to comply with the same.
For the preparation of this assignment, a hypothetical situation is given where the anti-
discrimination laws are non-constitution. In the presented report, the focus will be made on the
benefits and cost of the voluntary prohibition of those discrimination forms, which are defined
under anti-discrimination law. Further, the cost and benefits of the voluntary prohibition of that
discrimination form will also be discussed, which is not mentioned under any federal anti-
discrimination law. In addition to this, the ethical consideration of these practices will also be
discussed.
Voluntary Prohibition of Federal Forms of Discrimination
This is to mention that eight anti-discrimination laws are there, which states different
forms of discrimination. Title VII of the Civil Rights Act is one of such act, which mentions
race, sex, religion, color and national origin as forms of discrimination (Aauw.org, 2019). This
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law prevents discriminatory practices in the workplace. There are many benefits as well as the
cost of the voluntary prohibition of race, sex and national origin forms of discrimination. Starting
with cost, this is to mention that it add on cost for an organization sometimes. For instance, when
an organization adopts the practices of the prohibition of discrimination based on sex, the same
has to pay equal pay to male and female employees which attracts additional cost. In addition to
this, business has to provide accommodation facility to those who have a different national origin
or who do not have a residence in the US. The race is another factor. In a situation where an
organization voluntary adopts certain practices, employees, as well as another stakeholder, start
expecting more. In case of failure to fulfill expectation, the situation leads to an adverse impact
on the organization. It affects the financial status of the company in a negative manner. In order
to discuss the benefits, this is to state that when a business voluntary adopts ethical practices,
goodwill of the same increases. Further, when there is no discrimination based on sex, race, and
national religion, the employee remains more satisfied and happy which increase the production
performance.
Voluntary Prohibition of Non-Federal Forms of Discrimination
As mentioned above that many forms of discrimination are recognized by different
federal anti-discrimination law. This is to state that the marital status of employees is a factor,
which is not covered as discrimination characteristics under any such law. There are many
benefits and cost, which are associated with the voluntary prohibition of discrimination based on
marital status (Mayhew, 2019). The lead benefit of such prohibition is that the same would
attract those employees who are qualified but because of their marital status were unable to get
the employment. In such a situation, the subjective prohibition will attract good talent. When an
organization would prohibit the discrimination based on a factor, which is not even recognized
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by any federal anti-discrimination law yet, the same will get set as an industrial leader and
standard. The addition protection to candidates and employees will also increase the brand value
of the organization.
In addition to the cost, certain benefits of such prohibition are also there. In case of any
breach of such practice can lead the legal action in against of business. Such action can disturb
the current working system of the organization. Sometimes, married employees have limitations
with working hours and overtime, which affect production negatively. Further, research of HR
and legal issues connected with voluntary prohibition involves a lot of money and time cost as
the same is required to be managed carefully. It can make a negative impact on the financial
condition of the business.
Diversity Hiring and Promotion Practices
Before moving the discussion towards the cost and benefits of workplace diversity, first,
the meaning of the same is required to be reviewed. Workplace diversity can be understood as a
process to develop a working environment where the employer considers the differences of each
employee, embraces their strengths and give opportunities to gain their full potential
(Adcq.qld.gov.au, 2019). This practice can be understood as a part of corporate social
responsibility (Leonard, 2018). Voluntary adoption of these practices to increase workplace
diversity leads many benefits as well as the cost for a business.
Starting with the benefits, this is to state that these efforts increase the brand value of the
business in the eyes of investors, customer, suppliers, employees, and other stakeholders,
especially when the same exist at the highest level of the business (Huhman, 2015). A diversified
workplace is more able to provide a better solution and there is less possibility to become an
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echo chamber. Every worker is different they all have different potential. In such a situation if an
organization would voluntary initiate the practices to develop a healthy and diversified
organization then it will create goodwill for the same. In addition to this, it will also improve the
employee retention rate of the organization. In conjunction with the benefits, some costs of
adopting such practices are also there. First of all, it would lead to additional cost to the
company. Training practices involve much efforts, time, and cost, which would further decrease
the overall profit of the company (Coe.int, 2019). Promotional practices will also generate an
additional cost for the company.
Ethical Consideration
Ethics is a subject, which provides a clear set of standard practices (Bruce, 2013). Ethics
emerges when something is not mandatory. Law and ethics are two different factors and in order
to be successful, a business should adopt legal as well as ethical practices. If to talk about ethical
factors in above-mentioned situations, this is to state that discrimination is a curse for every
organization. This issue does not only bring negative impacts to the employee but also proves a
cost for the employers. If an employer does not prohibit the discrimination at the workplace then
it becomes an unethical situation. Making difference between two employees based on their race,
sex, religion, marital status or any other illegal factor initiates unethical issues.
In addition to being economically successful, a business is also required to be ethical
(Ferrell, Fraedrich and Ferrell, 2009). In a situation where compliance of anti-discrimination law
is no more constitutional, organizations are required to do it voluntarily. Further, adoption of
hiring and promotional activities to create diversified workplace is also an ethical practice. By
providing working support to the employees, an organization can lead to the sector of ethics.
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Differences among employees can be there for various reasons. These reasons include religious
difference, cultural difference and so on. Management of these differences considers as ethical
practices. Organizations where employees feel these gaps and differences, they cannot perform
with their full ability. Proving the workplace to the employee is not enough but the same should
be a positive and ethical environment. Not taking voluntary steps of hiring and promotional
activities can lead to many unethical issues.
Recommendations
In order to provide recommendations to the retailer, this is to state that the same should
develop their focus on ethical practices first of all. If an organization will lead such practices,
then there would be no further issues. It is advisable for the business to adopt legal as well
ethical practices. After reviewing cost and benefits of asked activities, this is to advise that the
organization should voluntary prohibit the discrimination practice. It will increase the faith and
satisfaction of employees. Further, this is necessary to state that US is a diverse country. In such
a situation, the management of diversified workplace is a much-needed thing. If organization
would adopt the hiring and promotional practices, then every stakeholder will get benefited and
there will be a surety of corporate governance as well as corporate social responsibility.
Conclusion
In order to conclude the report presented herewith, this is to state that ethical practices are
required to be adopted by business. In the presented report, discussion has been made on the
benefits and cost factors of voluntary adoption of practices related to workplace diversification
and voluntary prohibition of discrimination. In order to be successful, an organization should not
only consider the laws. Apart from law, they should take certain steps voluntarily in order to
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become ethical and moral. In other words, this is to say that the organization should now follow
the good practices because of fear of law but by the point of view of ethical consideration.
References
Aauw.org. (2019). Know Your Rights: Title VII of the Civil Rights Act of 1964. Retrieved From:
https://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/title-vii/
Adcq.qld.gov.au. (2019). Diversity in the workplace. Retrieved From:
https://www.adcq.qld.gov.au/resources/for-employers/diversity-in-the-workplace
Bruce, L. (2013). Reflective Practice for Social Workers: A Handbook for Developing
Professional Confidence. UK: McGraw-Hill Education.
Coe.int. (2019). The Costs And Benefits Of Diversity. Retrieved From:
https://www.coe.int/t/dg4/cultureheritage/mars/source/resources/references/others/
17%20-%20Costs%20and%20Benefits%20of%20Diversity%20-%20EU
%202003%20ExSum.pdf
Ferrell, O.C., Fraedrich, J. and Ferrell, (2009). Business Ethics 2009 Update: Ethical Decision
Making and Cases. USA: Cengage Learning.
Huhman, H., R. (2015). 4 Ways Diverse Teams Can Boost an Employer's Brand. Retrieved
From: https://www.entrepreneur.com/article/252210
Leonard, K. (2018). Diversity & Ethics in the Workplace. Retrieved From:
https://smallbusiness.chron.com/diversity-ethics-workplace-4928.html
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Lo, J. (2018). Discrimination Laws in the California Workplace. Retrieved From:
https://www.worklawyers.com/discrimination-law-california/
Mayhew, R. (2019). Labor Laws on Marital Status Discrimination. Retrieved From:
https://smallbusiness.chron.com/labor-laws-marital-status-discrimination-61346.html
Title VII of the Civil Rights Act
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