Online Custom «Prohibiting Discrimination» Essay Sample

Prohibiting Discrimination


Following the declaration by the U.S. Supreme Court that all laws against discrimination are unconstitutional, it is the duty of employers to adopt policies and processes to prohibit any discrimination at the workplace. Discrimination occurs when an individual is unfairly or badly treated in particular respects. Though unfair, not all discriminations are unlawful in the actual sense. In most instances, it appears since people have biased opinions or beliefs regarding others because they belong to a distinct group of individuals or possess particular traits. Nearly every worker is subject to safety under several federal hiring and anti-discrimination regulations. Discrimination influences the business, staff, and workplace negatively; therefore, it is essential for the national retailer to adopt some federal policies and procedures prohibiting any discrimination at the workplace. Additionally, the implementation of hiring practices to diversify the workforce is similarly vital.

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Benefits and Costs of Voluntarily Prohibiting Federal Forms of Discrimination under the Federal Anti-Discrimination Laws

Discrimination affects people and organizations to a large extent. However, not all kinds of discrimination are unlawful. Nonetheless, it is essential for the firm to ban various types of prejudices that have long been forbidden under the federal anti-discrimination laws. Among these prejudices is the racial discrimination, which was not permitted under the Civil Rights Act of 1964 (Franklin-Tomas, n.d.). The benefit associated with prohibiting racial discrimination is that employees will be hired and fired justly; they will be compensated according to their merits, and engaged accordingly. Nonetheless, the cost of banning this type of discrimination is that the employer will not be bound by any federal regulation and may follow any process that may negatively impact the personnel.

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Individuals have faced biases on the grounds of age. Prohibiting age discrimination will be beneficial since it will offer all workers an equal access to earning a living. The firm will similarly gain significantly from experience and diversity of employees. However, the disadvantage following the decision is that occupations and tasks, which require particular age limit due to experience involved, will now be open to all ages. Therefore, this poses a likelihood of unintended results.

Another widespread kind of prejudices is disability discrimination. America has prohibited this discrimination with Disabilities Act. Banning this type of discrimination will be advantageous to the employees and the firm since disability is not the inability. Most persons with special needs have equal abilities. However, the cost of banning this type of discrimination is that the company will not be bound by any regulation to uphold the move. As such, the disabled will always experience challenges in their line of work.

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Prohibiting a Form of Discrimination not Covered by Any of the Federal Anti-Discrimination Law

The federal anti-discrimination laws prohibit various types of prejudices at the workplace. Thus, they offer regulations to which the employers and employees should adhere. Nonetheless, there are certain biases, which are not regarded unlawful, despite the negative impact of discrimination on either party. Hence, such biases are exemplified by the discriminatory advertising. It is right of the employer or prospective hirer to indicate or outline what he/she requires from a potential employee (Committee on Labor & Employment Law, 2012). As such, no regulation states that the employer needs to recruit certain people with different traits.

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Furthermore, this type of discrimination considerably affects people with disabilities, as most career and job advertisements show the preference for particular individuals while discouraging others. Eliminating this form of discrimination will ensure that the firm employs its staff members taking into account the merits instead of special preferences. The cost associated with prohibiting this biased feature implies that it often results in work wrangles and employee dissatisfactions. In addition, finances are required to implement a level ground for all including the individuals with reduced capabilities.

Voluntary Adoption of Hiring and Promotion Practices: Benefits and Costs

In most businesses and careers, the hiring and promotion practices form the foundation of success and failure. In a successful enterprise, recruitment and promotion processes are guided by the practices that conform to regulations and guidelines of the corporation. Most hiring and promotion practices provide a step–by-step guideline to follow when undertaking the latter (Committee on Labor & Employment Law, 2012). Therefore, these directions secure the absence of discrimination in the employment; furthermore, promotion is grounded on strong points and benefits. Consequently, this encourages diversity in the workforce where skills and talents are combined for the mutual attainment of the business goals. In order to benefit substantially, the firm has to adopt the hiring and promotion practices voluntarily. Nevertheless, the costs for implementing such practices are enormous. A nonbiased recruitment and promotion process is rather expensive, as it requires various mechanisms to be introduced to facilitate the process. Another challenge is that it is time-consuming.

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Failure to Voluntarily Prohibiting the Forms of Discrimination Laws: Ethical Considerations

In compliance with the decision of the Supreme Court to make all discriminatory laws unconstitutional, failure to voluntarily prevent the forms of discrimination may have ethical ramifications. An ethical consideration would be exploitation. Employers would not be bound by any regulation and instances of exploitation (sexual among others) would be rampant. Exploitation forms the ethical issue, which is uncontrolled in many establishments. Therefore, exploitation facilitates discrimination of all kinds, which is ethically wrong. Therefore, if the venture does not manage to ban such practices, this will offer the foundation for the latter.

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Another ethical consideration entails the conflict of interest, which may arise owing to kickbacks, influence and privileged facts. Moreover, this represents an ethical concern since clients’ trust issues revolve around honesty, fairness, and respect for others. Without trust, efficient relationships with customers cannot materialize. Similarly, failure to voluntarily prohibit the discrimination identified may lead to compromising of one’s objectivity or judgement that has a significant impact on the trust of consumers.

Failure to Voluntarily Adopt Hiring and Promotion Practices to Diversify the Workforce: Ethical Considerations

Various ethical considerations arise when the business fails to voluntarily adopt hiring and promotion practices. One of the ethical consideration is corruption. Lack of hiring and promotion practices to guide the processes would mean that numerous ethical factors are not considered. The employment process and promotion would not be take into account the merits; thus, corruption would materialize with employers requesting bribes to grant favors. As a result, diversity will not be guaranteed, and this will form a recipe for failure.

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Another ethical consideration is subjugation at the workplace. Without guiding principles and regulations, there exists a high likelihood that employees will be subjected to suppression. The labor unions that offer assistance will be forgotten and the workers will be left at the mercy of their employers. If restrained, such staff members will not experience impartiality or fair treatment. Failure to observe the practices will be associated with the employers not regarding the most essential factors in the processes hence creating inequality in the corporation. Hiring objective ought to be equality rather than diversity where candidates should be evaluated for their merits. Additionally, failure to conform raises mixed reactions in the organizations, especially when particular gender is subordinate or superior to another (Inmyxai & Takahashi, 2010). Consequently, this often leads to degrading and a workforce that is overly demoralized.

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The paper acknowledges that discrimination is a common occurrence, which has serious ramifications for any business. The essay observes that according to the Supreme Court ruling, which makes federal anti-discriminatory laws unconstitutional, it is the duty of the firm to adopt anti-discriminatory policies. The rationale for introducing the latter is that averting preconceptions will have significant and positive impact on the corporation. The company stands to profit from the policies in that it will provide equal working conditions to all employees. Additionally, the enterprise should implement hiring and promotion practices, which are founded on merit as it stands to benefit from the workforce diversity associated with a variety of skills and talents (Timmermans, Ostergaard, & Kristinsson, 2011). In countering the costs related to the processes, the venture requires special measures to facilitate the processes, which would include training, seminars, and workshops among others. It is similarly advisable that upon the establishment of the policies, they should be extended to cover other discriminatory practices in the organization.












Discrimination has a significant impact on any business with adverse effects felt by employees. With the verdict of the Supreme Court, it becomes the duty of the firm to adopt various anti-discrimination regulations to guide the workplace processes. Therefore, this will ensure that corporate ethical considerations are handled appropriately. Not all biased practices are unlawful, in particular advertising. Hence, it is the obligation of the company to uphold all procedures despite the associated costs. The adoption of hiring and promotion practices is vital for the enterprise in order to achieve success. However, the failure to implement them enables corruption and exploitation among other discriminatory practices.

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