fair employment practices

8/3/2019 Fair Employment Practices

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Fair Employment Practices

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DISCRIMINATION IN EMPLOYMENT

Employment discrimination (or workplacediscrimination ) is discrimination in hiring,promotion, job assignment, termination, andcompensation.

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DISCRIMINATION IN EMPLOYMENT

Discrimination in employment refers to the any kind of prejudice,biasness or favoritism on the basis of:

Disability Race/ Color

Religion National origin AgeGender

Sexuality Pregnancy Marital status Minority status

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CRITERIA

DisabilityGender

Age

Race

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WHAT IS EEO? (EQUAL EMPLOYMENT OPPORTUNITY)

Equal employment opportunity refers to theapproach of the employers to ensure the practice

of being fair, unbiased and impartial in theemployment process .The policy should cover all the employees of an

organization whether permanent or temporary,contractual etc.

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EEOS ORIGIN IN INDIA

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DEVELOPMENT OF EEO

Three main factors that led to development of EEO:

1. Changes in societal values2. The economic status of women & minorities3. Emerging role of government regulations


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DIVERSITY IN WORKFORCE

With the globalization and the increasing size of theorganizations, the diversity in the workforce is increasing.

People from diverse backgrounds, educational background, age groups, race, gender, abilities etc. come together to work for one organization.

Therefore, it is the responsibility of the employer (througheffective HRM) to create an equality-based and

discrimination-free working environment and practices.

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IMPLICATIONS OF EEO

No other regulatory area affects HRM as thoroughly as EEO. Implications in almost every activity in HRM

HiringRecruiting

TrainingTerminatingCompensatingEvaluating

PlanningDiscipliningConflict Resolution

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EEO & INTERNATIONAL HRM

The origin lies in the racial disparity within the USA.Civil conflicts in 1960sWhites Vs Black- Color discrimination.

Gender prejudices

Several laws- strict regulationsSpecific Acts & codes for sexual harassment, disability,age, pregnancy, minorities (religious), equal pay etc.Strong legal implications

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EEO- REGULATIONS IN INDIA

Indian legislature proves to be a protective umbrella as theConstitution of India itself guarantees equality.

It also directs towards equal right to work while forbidding any sortof discrimination in employment policies on basis of gender. This is

materialized under Constitution of India as Article 14 ensuresequality to women, while Article 15 specifically prohibits any discrimination on basis of gender.

Article 16 in this respect, proves to be most important one as it guarantees equality of opportunity in matters of employment or appointment to any office.

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EEO- REGULATIONS IN INDIA

The principles are equally applicable not only to public sector but alsoto private sector undertakings.

Art 39 (a) Urges the state to provides equal right to adequate means of livelihood to men and women.

Art 39 (d) Equal pay for equal work for both men and women.

In addition to the legislative and judicial activism, International Covenants and Conventions like Millennium Development Goals and Convention on the Elimination of Discrimination against Women(CEDAW ) have also paved the path for development of the women inmember countries like India.

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http://www.un.org/womenwatch/daw/cedaw/text/econvention.htmhttp://www.un.org/womenwatch/daw/cedaw/text/econvention.htm


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LEGAL CO-RELATION

Act Name: The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation), Act 1995Act Title: Act No. 1 of 1996Enactment Date: 1 st January, 1996

Act Name: The Equal Remuneration Act, 1976 Act Title: Act No. 25 of 1976

Enactment Date: 11 th February, 1976

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A FEW CASES

Air India vs. Nargesh Mirza and C.B. Muthamma vs. Union of India have proved to be a breakthrough against such discriminatoryemployment policies in private sector undertakings. Here, theSupreme Court struck down discriminatory employment policiescompelling female employees to obtain government permissionbefore marriage and termination of service if she gets married orpregnant.

The Courts have even paved the path by quashing discriminatory provisions that imposed disadvantages on women . In such

circumstances, the case of Maya Devi vs. State of Maharashtra has proved to be a landmark. Here the requirement of husbands consent

for wifes application for public employment was struck down as anobstacle to womens equality and economic justice.

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IMPORTANCE OF EEO

It helps to realize and respect the actual worth of the individual on the basis of his knowledge, skills, abilities and merit.

Equal employment opportunity is necessary toensure:1. Fair access to all the people of all developmentopportunities.

2. Create a fair organization, industry and society.3. Encourage and give disadvantaged or disabledpeople a fair chance to grow with the society.

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IMPORTANCE CONTINUED

It is about ensuring employers get thebest person or team for the job .It is about removing barriers so all

employees have the chance toperform to their best .It is about maximizing the potential ofdiverse population .

It is about valuing people andrespecting their abilities, backgroundsand talent.

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BIBLIOGRAPHY

http://indiacode.nic.in/ http://www.ncbuy.com/reference/country/humanrights.html?code=in&sec=5 http://recruitment.naukrihub.com/employment-opportunity.html http://www.un.org/womenwatch/daw/cedaw/

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http://indiacode.nic.in/http://www.ncbuy.com/reference/country/humanrights.html?code=in&sec=5http://www.ncbuy.com/reference/country/humanrights.html?code=in&sec=5http://recruitment.naukrihub.com/employment-opportunity.htmlhttp://recruitment.naukrihub.com/employment-opportunity.htmlhttp://www.un.org/womenwatch/daw/cedaw/http://www.un.org/womenwatch/daw/cedaw/http://recruitment.naukrihub.com/employment-opportunity.htmlhttp://recruitment.naukrihub.com/employment-opportunity.htmlhttp://recruitment.naukrihub.com/employment-opportunity.htmlhttp://www.ncbuy.com/reference/country/humanrights.html?code=in&sec=5http://www.ncbuy.com/reference/country/humanrights.html?code=in&sec=5http://indiacode.nic.in/

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