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FEDERAL:

U.S. Constitutional Law - The Equal Protection and Other Rights Amendment addresses discrimination, protecting all U.S. citizens against it (U.S. Const. amend. XIV, § 1).

Law/ Legal Requirements:

All individuals be treated equally under the law.

All individuals shall not be discriminated against by state governments.

Reference: U.S. Const. amend. XIV, § 1. (1868). Constitution annotated. https://constitution.congress.gov/browse/amendment-14/

STATE:

Texas Law - The Texas Labor Employment Discrimination Code addresses discrimination in the workplace at the state
level (Texas Labor Employment Discrimination Code, Title 2a, § 21).

Law/ Legal Requirements:

Prohibits employment discrimination of any kind.

Covers employers with 15 or more employees.

Employees must file a complaint with the TX Workforce Commission or Equal Employment Opportunity Commission (typically) within 180 days.

Retaliation against an employee is prohibited under TX law.

Reference: Texas Labor Employment Discrimination Code, Title 2a, § 21. (1993). https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm

POTENTIAL CONSEQUENCES:

The potential consequences of violating this law in the workplace are: termination, lawsuits, physical and mental stress in the workplace, and the impact on the company’s reputation (to name a few) (USCIS, n.d.)

Reference: USCIS. (n.d.). Handbook for employers. https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/110-unlawful-discrimination-and-penalties-for-prohibited-practices/116-penalties-for-unlawful-discrimination

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STATUTE:

The Civil Rights Act of 1964, Title VII prohibits employment discrimination based on race, religion, gender, sex, etc. (Civil Rights Act, 1964).

Legal and Law Requirements:

Prohibits employment discrimination of any kind.

Covers hiring, firing, promotions, job assignments, etc.

Establishes the Equal Employment Opportunity to investigate complaints.

Shapes fair employment practices nationally.

Reference: Civil Rights Act of 1964, Title VII. https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964#:~:text=In%201964%2C%20Congress%20passed%20Public,hiring%2C%20promoting%2C%20and%20firing.

ADMINISTRATIVE:

Executive Order 11246 prohibits federal contractors from discriminating based on race, color, religion, gender identity, etc. (Exec. Order No. 11246, 1965).

Legal and Law Requirements:

Requires federal contractors to abide by affirmative action laws to ensure equal employment opportunities.

Evolved overtime, adding disabilities and veterans to the discrimination list.

Reference: Executive Order No. 11246, (1965). https://www.dol.gov/agencies/ofccp/executive-order-11246#:~:text=Executive%20Order%2011246%20requires%20affirmative,gender%20identity%2C%20or%20national%20origin

POTENTIAL CONSEQUENCES:

Some potential consequences of violating this law in the workplace are: policy changes and training requirements, loss of professional licenses, and legal claims/ lawsuits (USCIS, n.d.)

Reference: USCIS. (n.d.). Handbook for employers. https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/110-unlawful-discrimination-and-penalties-for-prohibited-practices/116-penalties-for-unlawful-discrimination

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Peggy Young v. United Parcel Service (2015) - In 2015 Ms. Young became pregnant while working for UPS. Her doctor put her on a “no lift over 20 lbs” policy. Instead of accommodating her profile, the company put her on unpaid leave. The US Supreme court ruled in favor of Ms. Young, finding the company guilty of violating the Pregnancy Discrimination Act. This case set a precedent for employers to ensure to treat pregnant employees fairly in the workplace (Peggy Young v. United Postal Service, 2015).

Reference: Peggy Young v. United Parcel Service, Volume 575 U.S. Page 2015. https://supreme.justia.com/cases/federal/us/575/12-1226

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USAA’s Third Party Worker Handbook is a regulation that informs third-party workers of the company’s expectations while conducting business with them.

Section 2.0 states, “We do not discriminate in employment opportunities or practices based on race, color, religion, sex, nationality, origin, age, or genetic information…” (USAA, 2020).

Law and Legal Requirements:

All business decisions are based on merit, qualifications, and abilities.

Do not practice discrimination of any kind.

Affirmatively afford opportunities for females, minorities, and disabled individuals as applicable by law.

Reference: USAA Third-Party handbook. (2020). USAA. https://content.usaa.com/mcontent/static_assets/Media/105423.pdf?cacheid=2852288763_p

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The City of San Antonio has incorporated the Non-discrimination Ordinance which protects all citizens within the city from any form of discrimination. This ordinance prevents pre-judgement, allowing all a fair and equal opportunity (City of San Antonio, n.d.).

Law and Legal Requirements:

Protects citizens from discrimination in city employment, contracts, appointments to Boards and Commissions, and housing.

Supports laws that incriminate against discrimination against any person for any reason.

Submit all complaints to the City Clerk's office.

Reference: City of San Antonio. (n.d.). Non-discrimination Ordinance. https://www.sanantonio.gov/Equity/Discrimination-Complaints

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The following are risk management strategies that could be incorporated to combat workplace discrimination (Equal Employment Opportunity Commission, n.d.):

Establish Policies and Procedures: Create policies prohibiting discrimination and harassment based on an individual's race, gender, age, religion, etc. All employees should be briefed on these policies, in addition to including them in the company's handbook.

Education and Training: Facilitate initial and annual training sessions for all employees on diversity, inclusion, and unconscious bias. These topics increase awareness and assist in creating welcoming environments for everyone.

Continuous Improvement: Review and update policies and practices based on current laws, employee feedback, and the company's goals.

Reference: Equal Employment Opportunity Commission. (n.d.). Discrimination by type. https://www.eeoc.gov/discrimination-type

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HR professionals are responsible for promoting and fostering fairness and justice within an organization. This includes:

treating all employees with respect, free from harassment, and/ or unlawful discrimination;

creating an environment of inclusiveness and diversity; and

developing policies that support fair and equitable treatment for all (SHRM, 2014).

Reference: SHRM. (2014). Code of ethics. https://www.shrm.org/about-shrm/pages/code-of-ethics.aspx#:~:text=As%20human%20resource%20professionals%2C%20we,all%20employees%20and%20their%20organizations.&text=To%20create%20and%20sustain%20an,a%20positive%20and%20productive%20manner.%E2%97%8F

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Personal Connection to the Legal and Ethical Standards

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Personal Connection to the Legal and Ethical Standards

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The following statements are an overview of how this content has increased my understanding of how to apply discrimination laws in the HR field:

It is important to develop training programs to educate employees on laws and company standards.

Establishing organizational values that align with diversity, equal opportunities, and respect are key components for a sturdy and successful foundation.

Creating policies that are clear, accessible, and aligned with legal requirements. This could be used as an accountability tool for the organization.

These points have met my educational goals by expanding my thought processes and practices toward eliminating workplace discrimination within my company.

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Based on the information that has been gathered, the following are recommendations/ best practices to combat workplace discrimination:

Establish company anti-discrimination policies.

Create and facilitate training sessions to educate employees.

Adopt fair recruitment and promotion protocols.

Institute reliable reporting mechanisms.

Incorporate solid investigative procedures.

Solicit feedback on current practices to learn the program's effectiveness.

Commit to regular improvement by updating policies to align with the company's policies and updated laws.

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FEDERAL:

The Equal Employment Opportunity Commission (EEOC) is the primary federal agency that is responsible for enforcing laws that prohibit workplace discrimination (EEOC, n.d.).

Reference: EEOC. (n.d.). Equal employment opportunity commission (EEOC). USA Gov. https://www.usa.gov/agencies/equal-employment-opportunity-commission#:~:text=The%20Equal%20Employment%20Opportunity%20Commission,training%2C%20wages%2C%20and%20benefits.

STATE:

The Texas Workforce Commission is a legal agency that governs employees' equal rights in the state of Texas. They oversee and provide workforce development to Texas employers (Krochmal, 2011).

Reference: Krochmal, M. (2011). Labor, civil rights, and the struggle for democracy in mid-twentieth century Texas [Unpublished doctoral dissertation]. Duke University. https://dukespace.lib.duke.edu/dspace/bitstream/handle/10161/5681/Krochmal_duke_0066D_11047.pdf

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TOPIC: Discrimination in The Workplace

DESCRIPTION: The Human Resources (HR) department is a critical layer to any company’s success. As an HR professional, it is important to abide by all laws, regulations, and policies while performing daily tasks and dealing with personnel.

AUDIENCE: HR employees will be the target audience. These individuals will carry out their important duties, ensuring not to violate any laws, regulations, and policies.

FIELD of EDUCATION: Curriculum and Instruction, Advanced Instructor Audience: HR employees will be the target audience. These individuals will carry out their important duties, ensuring not violate any laws, regulations, and policies.

RATIONALE: Workplace discrimination was chosen because this is a common violation that can be the demise of any company. Shedding light on such discrepancies has the potential to correct current company issues.