There are legal and ethical considerations that will inform diversity practices at a management level. Discuss how international, federal, state/territory, and local laws address direct and indirect discrimination. In your discussion, include at least three (3) federal discrimination laws as well as your local state/territory discrimination laws.
Answer (2)
Understanding legal and ethical considerations in diversity practices at management levels involves recognizing federal and state laws that address discrimination. Key federal laws include Title VII of the Civil Rights Act, the Equal Pay Act, and the Americans with Disabilities Act, while state laws like the Fair Employment and Housing Act in California provide additional protections. This knowledge is essential for creating an inclusive workplace that adheres to legal standards.
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In addressing how laws at various levels—international, federal, state/territory, and local—deal with direct and indirect discrimination, it's essential to understand key legal principles and examples.
Direct vs. Indirect Discrimination:
Direct Discrimination occurs when a person is treated less favorably than another in a similar situation, based on characteristics like race, gender, age, etc.
Indirect Discrimination happens when a seemingly neutral policy or practice puts people of a particular group at a disadvantage.
International Law:
International treaties are often the starting point for national laws concerning discrimination. Instruments like the Universal Declaration of Human Rights (UDHR) and treaties from the United Nations, such as the International Covenant on Civil and Political Rights (ICCPR), set out principles against discrimination which members incorporate into their national laws.
Federal Discrimination Laws in the United States:
The Civil Rights Act (1964) : This landmark civil rights and US labor law prohibits discrimination based on race, color, religion, sex, or national origin. Title VII of the Act specifically addresses employment discrimination.
The Americans with Disabilities Act (ADA) (1990) : Protects individuals with disabilities from discrimination in many areas, such as employment, public accommodations, and transportation.
The Age Discrimination in Employment Act (ADEA) (1967) : Protects employees and job applicants who are 40 years of age or older from discrimination based on age in different aspects of employment.
State/Territory Discrimination Laws:
While each state or territory can have its own laws, they usually align closely with federal laws, often providing additional protections. Taking California as an example:
The California Fair Employment and Housing Act (FEHA) : Provides broader anti-discrimination protections than federal law by covering smaller employers and additional characteristics, such as sexual orientation and gender expression.
Local Laws:
Local governments may have their own anti-discrimination ordinances which provide protection against discrimination in housing, employment, and public accommodations. These often mirror state and federal laws but can be even more inclusive in terms of protected classes.
Conclusion:
Employers and management must be informed of these laws at all levels to ensure compliance and promote a diverse, inclusive environment. Understanding direct and indirect discrimination and various legal obligations helps in developing fair and lawful diversity practices.
