Preventing Workplace Discrimination

Preventing Workplace Discrimination

MGT/434

Preventing Workplace Discrimination

        Discrimination in the workplace may take one of more of various forms such as age, race, gender, national origin, religious faith, and even disability. Each form of discrimination may result in heavy legal and financial consequences for organizations. Workplace discrimination is forbidden by laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA).         The Preventing Workplace Discrimination simulation focuses on discrimination issues involving performance evaluations, hiring, and workplace quarrels that take place at an advertising firm. This paper will summarize scenarios in the simulation while providing measures to rectify or prevent the discrimination issues associated with each.

Accommodating Disabilities in the Workforce

        The Americans with Disabilities Act (ADA) of 1990 aims to ensure job opportunities are offered to as many disabled persons as possible. The ADA qualified individuals with handicaps from discrimination. Organizations are prohibited from discriminating against handicapped applicants and workers at all work stages from pre-employment screening, hiring, employment and termination. Companies are required to make reasonable accommodations for disabled workers such as providing handicap parking spaces with ramps at entrances, providing modified computers, equipping work stations and bathrooms with wheel chair access and safety bars. Handicapped workers may also require a longer training periods compared to non-handicapped workers.

        Employers must at least make a good faith effort to accommodate handicapped workers. Many handicapped persons can carry out their daily job duties with little to no additional accommodations, yet some workplace hurdles may exist that can keep qualified personnel from performing a duty they may be able to carry out with some minor form of accommodation. These hurdles can be a lack of handicap accessible amenities or company policies. The ADA requires companies to adhere to fair accommodation practices for handicapped workers so that they may “enjoy the same benefits and privileges of employment as are enjoyed by employees without disabilities” (Bennett-Alexander & Hartman, 2015, p. 605).

Workers with Drug Abuse Disabilities

        Companies are required to enforce a drug free workplace and should keep a written policy indicating forewarning employees of pre and post-employment drug and alcohol testing. Unlike alcoholism, current drug users are not protected by the ADA, yet recovering addicts of illicit and prescription drugs and workers who are participating in or have completed a drug rehabilitation program are covered and protected (Bennett-Alexander & Hartman, 2015, p. 633). However, the past drug user must prove that that their former drug use is severe enough to be considered a drug addiction which is considered to be an impairment (Bennett-Alexander & Hartman, 2015, p. 634).

        In the Preventing Workplace Discrimination simulation, an employee by the name of Rod was fired by the Executive Director without verbal or written notice and without remediation options. The company could have offered Rod an opportunity for rehire after he completed a certain rehabilitation requirement. Rod has an issue with alcoholism and the company should have offered him some form of rehabilitation treatment or counseling for his alcohol abuse. Thus, he should have been given the option of therapy or face being reprimanded or terminated.

Personality, Attitude and Future Upward Mobility

        Eligibility testing is a common tool used by employers to ensure an applicant is qualified to perform the requirements of the position he or she is applying for (Bennett-Alexander & Hartman, 2015, p. 163). These tests focus on intelligence, physical stamina, individuality, work attitude, and even future goals. These characteristics are all justified elements for an employer to consider during the hiring process as long as they are not used to discriminate against an applicant.