Human Rights Assignment Paper.
This paper is an essay that analyzes a given case study using facts and concepts in the field of
human resources and rights
a) Summary of Issues – Summarize any grounds of discrimination that are revealed or
the arguments/grounds why CRX is not at fault
The issues being faced within the CRX Company are happening mainly because of office
gossip, negative influences as well as social groupings. To begin with, employees of this firm
form their own groupings based on the department that they work for or on how similar they are.
A classic example is Olga and Vinnie who are tight friends because they have worked in the
production line for a very long time. Human Rights Assignment Paper. Likewise, Vinnie also gets along with Mary because she is married to one of his friends. However, work discrimination sets in the minute a new division is introduced into the firm. Vinnie expressed his discomfort at being left alone with Susie, who is one of the new employees. Human Rights Assignment Paper.
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Vinnie immediately interprets that Susie is interested in him, yet it could be that she just
enjoys working with him. Additionally, there are instances of sexual discrimination where Frank
fails to get along with Mary because he found out that she is a lesbian. Consequently, Frank does
not establish any work relationship because he feels that Mary is having a romantic relationship
with Olga. Moreover, Frank is also an anti-gay campaigner and he feels that gay people should
not be allowed to work at CRX. The same sentiments are echoed by the trainer that has been
recently hired by the company. He is also discriminative in terms of sexual orientation such that
he dislikes Dexter because he is gay. Human Rights Assignment Paper. In fact, he goes ahead to make fun of his dress code and how he loves wearing bright colored clothes. Discrimination at the CRX Company also occurs to
people who have special needs.
Vinnie is facing discrimination from the trainer because he walks with a prosthetic leg. In
fact, the trainer feels that Vinnie is not competent enough to work at the company because of his
condition. Additionally, discrimination is also witnessed at the managerial level where the
leaders at the top misuse power. This is seen when the company proposes that termination should
be done on some employees. However, the top leaders such as the trainer, Susie and Olga
exempt themselves. In fact, Olga goes ahead to propose that Mary should also be exempted from
the termination tests. Human Rights Assignment Paper.
However, the termination takes place eventually and the results indicate that a lot of
prejudice characterized the process of selecting the people to remove from the firm. According to
the results, Carl, Olga, Dexter and Mary are all given wrongful termination. This is because their
gay and lesbian status led to their wrongful dismissal from employment. Conclusively,
discrimination at the CRX company occurs at levels of sexual orientation or preference, physical
disability as well as country of origin and ethnicity. Human Rights Assignment Paper.
b) Issues – as employee, here you provide details of each ground of discrimination. You
should make reference to the applicable section(s) of the Human Rights Code and
provide examples of relevant case law. Outline any tests, if applicable.
i) Discrimination based on physical disability
This form of discrimination is being faced by Vinnie whom the trainer says that he is
incompetent because of the prosthetic leg. The rehabilitation, disabilities and ADA acts were
enforced to protect disabled people in America (Sabat et al, 2013). The main aim of this act is to
protect who face wrongful discrimination at work because of their physical status. In addition,
this act protects people who pay less than those of a similar rank because they have an
impairment (Wood et al, 2013). In this case, Vinnie has the right to sue the trainer and the Company due to the harassment and discrimination he faces just because he has a prosthetic leg.
This form of prejudice should not occur as Vinnie has been employed in the company for long
where he has been able to serve exemplary. Human Rights Assignment Paper. At the same time, the human rights code is very clear when it comes to discrimination based on physical disability (Wood et al, 2013). The current law requires that companies and firms should provide at least a number of slots and positions for people who have special needs (Wood et al, 2013).
This is in line with the provision of equality for all people. What’s more, the company is
also required to provide special amenities such as special toilets and straight rumps within their
buildings. This is meant to ensure that physically challenged people can also have a smooth time
at work just like their fellow colleagues (Wood et al, 2013). The human rights law is also clear
on the workload that special needs people should be assigned (Sabat et al, 2013). Human Rights Assignment Paper. These regulations state that if a physically disabled person is well trained and competent in a given area, then they should be delegated to that position entirely (Sabat et al, 2013). Human Rights Assignment Paper.
The CRX company did not practice these rules as it allowed Vinnie to be intimidated and
ridiculed by the trainer. This is despite the fact that Vinnie had worked for this company for quite
a long time. In fact, he had managed to prove his prowess at his job because his immediate
bosses were not complaining at all. Therefore, companies should take upon this challenge and
ensure that employees who are disabled physically are not discriminated on placed in a position
that demeans their capabilities.
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ii) Discrimination Based On Sexual Orientation
This is currently one of the largest forms of discrimination being faced in virtually all
places of work. The Lesbian, Gay, Transgender and Bisexuals act or LGBT was recently
established in order to take care and protect the rights of people who fall in either of these categories (Hyland and Rutigliano, 2013). What’s more, this act ensures that people are not
exposed to harsh conditions or situations at work because of their sexual preference (Lai and
Babcock, 2013). The inclusion of this law within the legal system was an important process that
aimed at protecting the rights of people who are of different sexual orientations. Human Rights Assignment Paper.
The majority of people across the globe have been known to face inequality and unjust
treatment simply because of their sexual preference (Hyland and Rutigliano, 2013). In fact, this
mistreatment has been known to exceed to the level of torture and even execution. People who
are lesbian, gay, transgender and bisexual have the privilege of being protected by the human
rights laws (Lai and Babcock, 2013). The latter is a set of rules that watches out for these four
categories of people and deals with any gender identity or crisis issues they may be facing.
What’s more, there are also activists who represent their members at different levels in their
respective states (Lai and Babcock, 2013).
In the CRX Company, Olga, Mary and Dexter were constantly harassed at work because
they were either gay or lesbian. In fact, this harassment ended up in wrongful termination where
they were sacked from the CRX company. The enforcement of this act could ensure that Olga,
Mary and Dexter are protected from such discrimination in the future. In addition, the
enforcement of this act would ensure that lesbian, gay, transgender and bisexual people are
accorded similar rights and privileges like their heterosexual counterparts. This includes being
included in a pension scheme, having the equivalent amount of allowances, benefits and
compensation (Lai and Babcock, 2013). Human Rights Assignment Paper.
At the same time, the LGBT community should be allowed to enjoy spouse benefits in
the event that a person in this group decides to get married. These benefits include health cover,
insurance benefits, monthly allowances as well as job security (Lai and Babcock, 2013). Hence, it means that Olga, Mary and Dexter are protected by law and they did not deserve wrongful
dismissal. Additionally, it also meant that Dexter and Mary deserved to be given spouse benefits
as they were a married couple. It is crucial that the LGBT laws on human rights be practiced in
all companies so that people are protected from malpractices and torture.
iii) Discrimination Based On Harassment From Fellow Employees
There are many forms of harassment that are experienced in the workplace setting. Human Rights Assignment Paper. The Title VII of the Civil Rights Act of 1964 protects employees from harassment in the form of ethnicity, race or even fashion preference (Joseph and Rousis, 2013). The trainer at the CRX Company harassed many employees on so many occasions such that they felt belittled. If this act
is enforced, it could see the trainer being prosecuted for creating a hostile environment at work.
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Conclusion
The fight and struggle for human rights is one of the very essential processes that
characterize any workplace. Human Rights Assignment Paper. This essay has analyzed various forms of discrimination and the
relevant codes and acts that affect each of them. Most of the employees that worked at the CRX
company faced one form of discrimination or the other that negatively impacted the manner in
which they executed their duties. The common forms of discrimination were caused by either
physical disabilities, sexual orientation and differences from fellow employees. This prejudice
was serious because it ended up in the wrongful termination of some of the most loyal
employees. Hence, employers and employees should adhere to the rules stipulated by these codes
to ensure that discrimination is mitigated at the workplace. Human Rights Assignment Paper.
References
Hyland, P. K., & Rutigliano, P. J. (2013). Eradicating Discrimination: Identifying and Removing
Workplace Barriers for Employees With Disabilities. Industrial & Organizational
Psychology, 6 (4), 471-475. doi:10.1111/iops.12087
Joseph, D. L., & Rousis, G. J. (2013). Casting a Wider Net: Recommendations for the Study of
Broad Discrimination Experiences. Industrial & Organizational Psychology, 6 (1), 88-92. Human Rights Assignment Paper.
doi:10.1111/iops.12014
Lai, L., & Babcock, L. C. (2013). Asian Americans and workplace discrimination: The interplay
between sex of evaluators and the perception of social skills Asian Americans and
workplace discrimination: The interplay between sex of evaluators and the perception of
social skills. Journal of Organizational Behavior, 34 (3), 310-326. doi:10.1002/job.1799
Sabat, I. E., Martinez, L. R., & Wessel, J. L. (2013). Neo-Activism: Engaging Allies in Modern
Workplace Discrimination Reduction. Industrial & Organizational Psychology, 6 (4), 480-
485. doi:10.1111/iops.12089
Wood, S., Braeken, J., & Niven, K. (2013). Discrimination and Well-Being in Organizations:
Testing the Differential Power and Organizational Justice Theories of Workplace
Aggression. Journal of Business Ethics, 115 (3), 617-634. Doi: 10.1007/s10551-012-1404-
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Human Rights Assignment Paper.