Business Proposal: Analyzing and Resolving Employment Discrimination

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This business proposal addresses employment discrimination at XYZ Company, highlighting issues such as sexual harassment, racial discrimination, age-related bias, and discrimination against disabled employees. The proposal emphasizes the need for an anti-discrimination policy, proper training for managers, and adherence to legal provisions like the Civil Rights Act of 1964. It references key legal cases, including McDonald v. Santa Fe Trail Transp. Co. and Harris v. Forklift Systems, to illustrate various forms of discrimination. The proposal recommends implementing an effective job policy, organizing anti-discrimination training programs, and establishing a clear complaint process aligned with the guidelines of the Equal Employment Opportunity Commission (EEOC). It also stresses the importance of fair pay practices and equal opportunities for all employees, advocating for a workplace free from discrimination and harassment. The proposal concludes by urging the company to take immediate and effective actions to eradicate discriminatory practices and maintain a positive work environment.
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Running head: BUSINESS PROPOSAL
Issues on employment discrimination
Name of the student:
Name of the university:
Author note
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1BUSINESS PROPOSAL
To
The Manager
XYZ Company
Sub: Proposal regarding employment discrimination.
Respected Sir/ Madam,
It has been observed that certain allegations are made by the employees of your
company since some days. This is to be informed you that as an employer you need to take
proper care and action in respect of this issues. The ultimate goal of this proposal is to chalk
out the objected area and how to deal with the specific allegations. The necessary legal
provisions are also stated here that can be proved helpful in this case. This proposal includes
certain grounds like problem statement, proposed solutions and information regarding fees.
It has been reported that the women employees are not at all feel them safe in case
of night shift. Various harassment complaints have been made recently against many of yours
male employees and male employers as well. It should be great concern for you and you need
to take action against it. An anti-discrimination policy or anti-harassment policy is required to
be implemented and the rules of the policy should be mandatory in nature for all the
employers and the employees. The terms of the policy could be published on the notice board
of the company so that it can be visible for everyone and the victim can easily inform the
authority and lodge complaint. Proper training should be given to the managers regarding
t5her identification of alleged behaviour. The terms of the policy should support the provision
of the Civil Rights Act 1964 (Selmi, & Tsakos, 2015). The offender should have to face harsh
penalties if found guilty. McDonald v Santa Fe Trail Transp. Co. 427 U.S. 273 (1976) is a
leading case regarding this. Sexual harassment is a common topic in workplaces and it has
been observed that the female workers are affected and victimized by their boss either
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2BUSINESS PROPOSAL
directly or indirectly. Harris v Forklift Systems 510 U.S. 17 (1993) is a leading case on
sexual harassment in United States. There should not be any discrimination regarding sex in
the workplace and as the supervisor of the company, you need to take serious action and keep
a close vigil over the issues.
It is to be informed you that any type of discrimination is harmful for the reputation
of a company and it is required to remove all such problems with proper policy
implementation (Green, 2015). It has also been reported that some of your employees are not
getting promotion due to their colour or race. Racial discrimination is one of the heinous
practices in the workplaces in United State. You are required to look into the matter and take
appropriate action to stop the malpractice. You need to develop an effective job policy to
control such situation, so that no scope can be raised for this type of allegation. In Adams v
City of Chicago 94 CV 5727, it has been held that the employees should not be restrained
from promotion in respect to their racial grounds. In Darity v Mason [1998], learned court
was observed that the employees should not be treated differently due to their color. The
question of reverse discrimination arose in case of preferential treatment in case of the
minority. These problems are ethical in nature and it is required to take all the appropriate
efforts to resolve the dispute.
It has been observed that the employees, whose age is beyond sixty, have to face
certain discrimination as against their age. They sometime have to face waging
discrimination. The case of Kelley Drye & Warren LLP (firm) is the leading case on age
discrimination where the elder attorneys got low compensation regarding their age
(Stockdale, Sliter & Ashburn-Nardo, 2015). The court held the firm guilty in this case.
Disable employees are also being discriminated in workplace. Therefore, it can be observed
that the matter on discrimination is very sensitive in USA.
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3BUSINESS PROPOSAL
Civil Rights Act has stated certain provision regarding equal employment policies
and it has been stated under Title VII that no employees should be getting discriminated
irrespective of their race, caste, creed, age, sex or religion (Zimmer & Sullivan, 2017). Every
workplace situated within preface of United States should have to abide by the rules and you
are not an exception (KricheliKatz, Porat & Feldman, 2017). Therefore, you need to take and
follow proper guidelines to stop the malpractices. The USA government has taken certain
steps to control the smoldering issue like employment discrimination and established one
commission namely Equal Employment Opportunity Commission (EEOC) that is dealing
with the problems (Player & Sperino, 2017). You are proposed to make complaint before the
commission in case of allegations made in this aspect. You are required to take effective steps
as per the provision of the Fair Pay Act 2009 regarding the payment discrimination. Proper
and equal care is required for the older staffs. It is to be mentioned that there are certain
guidelines regarding the complaint making process before the commission. A complaint
should have to be made within 180 days after receiving the specific allegation on
discrimination. The policies should be friendly in nature so that every employee can get a free
access and use this for securing their interest (Stockdale, Sliter & Ashburn-Nardo, 2015).
It is the duty of the HR department to analyze the complaint and take step
immediately. The department should inform the U.S. Equal Employment Opportunity
Commission and state fair employment agency. The ground of written policy should be
improvised and investigation regarding the complaint should be made as soon as possible. It
is important to the victim to contact with the authority and lodge complaint. Reciprocal duties
are also imposed on the company to take all the necessary steps as against the allegation.
You are also recommended to organize a training program regarding anti-
discrimination program and allow all the employees to participate into it. The training should
be given on the corporate behavior and anti-harassment policies (Milligan et al., 2017). The
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4BUSINESS PROPOSAL
main objective of such training program is to eliminating the practice of discrimination from
the workplace (Green, 2015). It is the optimum duty of the employer to ensure that the
workplace is free from sexual harassment. In case of any allegation, immediate actions are
required to be taken by the employer.
You are, therefore requested to take all the necessary steps to deal with the
problems and take effective plans and policies to eradicate this habits. This proposal gives a
framework regarding your required actions against discrimination.
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5BUSINESS PROPOSAL
Reference:
Green, T. (2015). On Employment Discrimination and Police Misconduct: Title VII and the
Mirage of the'Monell Analogue'.
KricheliKatz, T., Porat, H., & Feldman, Y. (2017). Are All Types of Discrimination Created
Equal?. Grimstad, G., Degago, S. A., & Boumezerane, D. (2014). Discussion of
“Viscous behaviour of clays in one-dimensional compression”. Canadian
Geotechnical Journal, 52(1), 120-120.
Milligan, J., Oppenheimer, D., Ross, B., & Sagafi, M. (2017). Looking Toward the Future:
Different Avenues for Attacking Employment Discrimination.
Player, M., & Sperino, S. (2017). Federal law of employment discrimination in a nutshell.
West Academic.
Selmi, M., & Tsakos, S. (2015). Employment Discrimination Class Actions After Wal-Mart
v. Dukes.
Stockdale, M. S., Sliter, K. A., & Ashburn-Nardo, L. (2015). Employment discrimination.
Zimmer, M. J., & Sullivan, C. A. (2017). Cases and materials on employment discrimination.
Wolters Kluwer Law & Business.
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