Discrimination refers to distinguishing illicitly among people, not on individual merit, but on the basis of prejudice that leads to harmful or negative impacts on the interests of employees. Refusing employment because of membership in a group or certain characteristics such as gender, race, ethnicity, religion, social class, physical ability, sexual orientation and age is discrimination.
Usually, individuals are discriminated against in terms of disability and sex. Sex discrimination can take the form of discriminating against pregnant women. An employer cannot refuse to hire or refuse to continue to employ an employee because of pregnancy.
Absence because of disability is not a ground for termination. The employer has the obligation to accommodate an employee with disability to the point of “undue hardship”. This involves accommodating the disabled employee’s limitations in a permanent modified job that is a result of reconfiguration or bundling of duties from different jobs. It may lead some to abuse by seeking unnecessary accommodations that may or may not exist. At the other extreme, there are those that have real disabilities that warrant workplace accommodations but are hesitant to reveal them and claim the accommodations because of them.
It can be argued that discrimination is wrong because it violates a person’s basic moral rights. Everyone has a right to be treated free and equal. People should be treated as ends and not merely as means.
The main consideration should be competence or ability to perform the job and not irrelevant characteristics. Productivity is achieved this way. Discriminatory practices can lead to charges of unfair practices, expensive lawsuits and civil and criminal penalties. For example, a female firefighter in Canada lost her employment because of failure in one of several fitness tests.
When appealed to the Supreme Court of Canada, the claimant won the case against the government (as employer) because it was proven that the test where she failed did not create a safety risk in the discharge of her responsibilities at work. According to the Alberta Human Rights and Citizenship Commission, any test for dexterity, medical exams for physical ability or stress-handling tests must be job-related. In this case, it may be that the employer in imposing such “special tests” is just veiling a discriminatory policy.
To avoid these, companies ensure that they comply by establishing specific procedures. Companies come up with well-written job descriptions and specifications that indicate the mental and physical requirements of the job. They set goals and timetables and make use of other methods to hire, develop and retain individuals from certain groups. HR professionals are also not supposed to use or circulate any form of application for employment, publish any advertisement or make any written or oral inquiry that may imply a preference, limitation or specification that is prohibited on the grounds of discrimination. An applicant should not be asked about present or past physical or mental conditions, disease, kinds of medication, treatments, worker’s compensation claims or sick-leave for as long as the employee has the experience and skills for the job.
A non-discriminatory and bias-free workplace is characterized by a diverse workforce. By having diverse employees, companies are able to gain and keep market share through a genuine understanding of diverse markets. High costs in human resource activities such as recruiting and replacing employees are avoided. A wider pool of talent also improves the quality of management and helps management develop breadth and openness as a consequence of exposure to employees of various backgrounds.
Above all, it boosts employee morale. Employees feel valued and respected in the workplace.
Dr. Tibon is a lecturer in Management Principles and Dynamics at De La Salle University’s RVR Graduate School of Business. She is also Program Manager at the W. Sycip Graduate School of Business of the Asian Institute of Management. –MARIA VICTORIA P. TIBON, DBA, Manila Times
E-mail: mtibon@aim.edu
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