Answered Essay: The Value of Fair Treatment in the Workplace Due Week 10 and worth 280 points

The Value of Fair Treatment in the Workplace
Due Week 10 and worth 280 points

The year is 2025 and the U.S. Supreme Court has declared all laws prohibiting discrimination in the workplace to be unconstitutional. In its opinion, however, the Supreme Court made clear that employers could voluntarily adopt policies and procedures prohibiting any and all forms of discrimination in the workplace. The Supreme Court also made clear that employers could voluntarily adopt hiring practices to diversify their workforces provided such practices did not include express preferences based upon immutable characteristics.

You have been hired as a consultant by a large, nationwide retailer to examine the business case for ensuring that all of the employee protections are found within the federal anti-discrimination laws, as well as the business case for prohibiting any other forms of discrimination in the workplace.

Write a four to six (4-6) page report in which you:

Analyze the benefits and costs of voluntarily prohibiting three to five (3-5) federal forms of discrimination prohibited under the federal anti-discrimination laws.

Discuss the benefits and costs of voluntarily prohibiting a form of discrimination not covered by any of the federal anti-discrimination laws.

State the benefits and costs of voluntarily adopting hiring and promotion practices designed to diversify the workforce.

Evaluate the ethical considerations of not voluntarily prohibiting the forms of discrimination laws examined in the first part of your report. Next, determine the ethical considerations of not voluntarily adopting hiring and promotion practices to diversify the workforce.

Provide a final recommendation to this retailer on whether or not they should ensure all, part, or none of the employee protections examined in the first part of your report. Your recommendation should also include whether or not the retailer should adopt hiring and promotion practices designed to diversify the workplace. Be sure to include a rationale for your recommendation along with an explanation for any rejections of contrary positions or other pertinent considerations.

Use at least three (3) quality academic resources in this assignment.  Note: Wikipedia and other Websites do not quality as academic resources.

Expert Answer


Discrimination at workplace refers to any form of practice that is aimed segregating an individual or a group of individuals bearing a certain characteristic from the rest of the workforce. In U.S however, the supreme court has finally declared that all the laws protecting employees from discrimination to be unconstitutional and that employers could adopt their own policies prohibiting all forms of discrimination. Employers were given freedom to adopt hiring procedures which could help them diversify their workforce but not use policies based on immutable characteristics.

Benefits of voluntary prohibition of forms of discrimination.

  1. Age discrimination.

This refers to discrimination based on age against employees who are at least 40 years of age. In a business enterprise prohibiting this form of discrimination is very crucial among the employees. It makes them feel as they are equally treated and might give them more morale to work. Voluntary prohibition of age discrimination will allow the employer to either adopt policies to ensure there is no such discrimination or not. However, if the employer does not adopt such policies, he/she might incur expenses of hiring new employees now and then since those who the discrimination is not favouring will soon quit the job. It is of much benefit if the employers prohibited this form of discrimination since they would retain employees of all reproductive ages for longer periods of time hence have continuous production process at their premises.

  1. Discrimination against Americans with disabilities.

This form of discrimination affects persons with any current form of disability or even any history of disability. The problem is mainly in the private sector since the state workers are protected by law although they cannot sue the government for any monetary damages suffered. Among the benefits associated with prohibiting this form of discrimination is that it enables the employers to create a good corporate social image by making each group of persons in the community represented in their organisations. They are also able to make use of special skills that these persons might be having. On the other hand, it might cost employers dollars to import employees with a certain skill simply because such an employee is available in the local job market but bears a certain disability.

  1. Equal pay discrimination.

In most cases it cuts across gender boundaries where men and women are not given equal pay for same job done. The Equal Pay Act (29 U.S.C 206(d)) allows employers to have both men and women given an equal pay for equal work. Prohibition of this form of discrimination is that employees feel that they exposed to equal remuneration and hence they will work feeling that they are equally treated and remunerated. However, the equal pay act has exceptions where employers can pay men and women different salaries only if the difference is based on an incentive system, merit or seniority but not on gender basis. This form of discrimination makes employees feel divided and they might end up having a go slow at work and make an assumption that those with higher pay should do more work.


Other forms of discrimination not covered by federal antidiscrimination laws include;

Religion discrimination.

Employers may tend to make certain employment decisions during recruitment or even there after based on religion a person bears. In situations where an employee does not bear a similar religion with the employer, this discrimination might not favour him/her. Employers should not make employment decisions based on religion but instead should employ persons from various religions to help diversify the workforce and employees could acquire inter-religion knowledge which could lead to better performance in terms of cooperation among the employees and hence higher profits to the employer. The employer should not either force an employer quit a certain religion to adopt another unwillingly.

Benefits of adopting hiring and promotion practices designed to diversify workforce.

  1. Increased productivity

Diversity at workplace can increase productivity and competitive advantages. More solutions can be offered to customers because new ideas are brought about in the organization. Diversity also brings about morale and makes employees desire to work more effectively and even efficiently. Firms with diverse leadership lets the management to implement new skills and practices to achieve more unity within their teams.

  1. Positive reputation

Potential employees are more attracted to firms which a diverse workforce since it is evident that the firm does not practice employment discrimination. They are glad to work in such a firm that treats its employees with equality regardless of the ethnicity gender or race. Apart from attracting new workers, the current workers are happy to work for the firm. Therefore, the firm is able to retain the current employees and benefit from their talents hence continuous processes in its operation.

  1. Increased creativity

Due to cross-fertilization within the organization among the various heterogeneous groups, there will be an automatic increase in creativity. EthnoConnect, a consultant company specializing in in workforce diversity observed that a diverse workforce brings about different ideas to help firms achieve a common goal. Several forms have benefited from taking ideas from various employees to adopt innovative mechanisms.

  1. Language skills

Companies with a plan to extend into the global market benefit a lot from language diversity. For example, a company with employees fluent in Mandarin increases its reputation in the Chinese communities. Similarly, a firm with employees fluent in Japanese and can understand Japanese culture finds it easy to communicate representatives from Japan. (Johnson)


(n.d.). Retrieved from nolo/legal-encyclopedia/federal-antidiscrimination-laws-29451

Johnson, R. (n.d.). What are the advantages of diverse workfor

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