Believing in employment discrimination: The case of Forrest Mims,Scientific American,and title VII protection

This article reviews the law regarding Title VII employment discrimination protection from religious discrimination. The issues surrounding the principal legal protection in this regard are explored in the context of a recent controversial case in which an author, Forrest Mims, was not hired as a regular contributor forScientific American magazine, ostensibly because of his belief in the theory of creation over the theory of evolution. The definition of what constitutes a protected religious belief or practice is seen to have expanded over time. However, a belief in creationism is not necessarily seen as being tantamount to a religious belief under present legal interpretation of Title VII. The implications of this finding for future needed Title VII revision are discussed.     

论我国大学毕业生求职过程中所遇到的就业歧视的非正义性

大学毕业生求职受到不公平待遇,侵害了大学生公平竞争和平等就业的权利,对其心理上造成的伤害是无法愈合的。就业歧视是高校扩招政策市场化程度较高的企业的经营意识催生的结果。就业歧视必然带来社会的正义问题,因为它违反了法治原则,是一种就业机会的不平等,腐蚀了政治系统合法性的基础,侵犯了基本的人权。     

Perceptions of On- The-Job Discrimination and Employees With Disabilities

This study examines factors that predict perceptions of workplace discrimination by employees with disabilities. Individual level variables are combined with organizational level variables in a single model of perceived inequality. Data came from surveys administered to employees with disabilities and their respective employers. Individual and organizational variables together provide a better understanding of perceived discrimination than either set alone. Despite the predominance of studies that demonstrate inequality in compensation, this study shows that employees experience discrimination over most terms/conditions of employment.     

In Sickness and in Health: Recent Judicial Developments in Americans with Disabilities Act Association Discrimination Cases

A little-known provision of the Americans with Disabilities Act (ADA) prohibits covered employers from taking an adverse employment action against a qualified employee if a determinative factor in the adverse employment action is the disability of an associate or relative of the employee. A review of the reported court opinions indicates that plaintiff employees often encounter difficulty in these cases. Some plaintiffs are unable to prove that they are “qualified” employees at the time of the adverse employment action, and other plaintiffs find it difficult to prove that a determinative factor in the adverse employment action was the disability of the associate or relative. However, plaintiffs have achieved some success as evidenced in the 2008 U.S. Circuit Court of Appeals holdings in Dewitt v. Proctor Hospital and Trujillo v. PacifiCorp. This paper describes reported U. S. Circuit Court of Appeals opinions about ADA association discrimination, its relationship to the Family and Medical Leave Act and Employee Retirement Income Security Act, and the implications for employers, employees, and lawmakers. It also offers practical guidance to both employees and employers for asserting and managing rights and potential liability in this area.     

Barriers to employee rights: Gender,selection, and the labor process

This article applies a labor process analysis to the issue of employment rights in the particular context of gender inequality and unlawful discrimination in the recruitment process. It criticizes conventional perspectives on employee rights for their failure to examine critically managerial power and prerogative and its implications for gender inequality. The article outlines two particular labor process theories of gender divisions and inequality. In exploring the strengths and weaknesses of these more critical perspectives, the article highlights the analytical significance that they ascribe to power asymmetries in the labor process and labor market. Building on this perspective, the analysis then presents empirical data on gender discrimination in the selection practices of contemporary UK organizations. The research material reveals how gender discrimination can be reproduced, rationalized, and resisted. These empirical findings are theorized through a combined labor process analysis of power, knowledge, and identity in recruitment practices. We conclude that labor process analysis facilitates our understanding of the deep-seated barriers that continue to impede the protection of employee rights in workplace practices.     

The Effects of Mandatory Arbitration of Employment Discrimination Claims: Perceptions of Justice and Suggestions for Change

The ability of employers to require employees to submit claims of discrimination to final and binding arbitration in lieu of exercising their statutory rights represents a significant change in public policy. The methods traditionally used by enforcing agencies to investigate discrimination claims provide assistance and intervention that redress power asymmetries between employees and employers. Depriving employees of these enforcement mechanisms and requiring them to use arbitration may have adverse effects on perceptions of justice, both in procedural and distributive terms. We propose that mutuality, equality, and remediality are issues that must be addressed in situations of mandatory arbitration. We also suggest that mandatory arbitration may have other effects including expanding the scope of issues well beyond discrimination claims.     

Economies of scale in the Mexican automotive sector

Recent growth of the Mexican motor vehicle industry has sparked a great deal of controversy on both sides of the U.S.-Mexico border regarding the potential effects of the North American Free Trade Agreement. One of the key factors affecting the future competitiveness of the Mexican motor vehicle industry relative to U.S. producers is whether the Mexican firms can exploit economies of scale as their output expands. This article investigates that possibility as well as the direct and cross-price elasticities of demand for the inputs by estimating translog cost functions for the Mexican motor vehicle and autoparts industries. The results are consistent with the hypotheses that substantial economies of scale remain to be exploited by the Mexican motor vehicle industry, but that the autoparts industry is operating with diseconomies of scale. However, the lack of investment in new technology and X-inefficiency on the part of the autoparts firms may have been partially responsible for the latter finding.     

International Union v. Johnson Controls: Resolving the dilemma between fetal protection policies and equal employment opportunities

This article examines the implications that theJohnson Controls decision is likely to have for organizational policies governing fetal protection in the workplace. A brief history of the evolution of legal theory regarding fetal protection policies and Title VII is provided. Particular attention is devoted to examining the appropriate analytical framework for such policies, the changing requirements for the employer's burden of proof, and the likely consequences of applying disparate treatment theory of discrimination over disparate impact theory in analyzing the facts of such cases. Additionally, this article raises some of the social issues that will result from the employer's responsibility to protect the unborn children of its employees and the rights of those employees to equal employment opportunities.     

Who is at Greatest Risk of Work-Related Discrimination—Women, Blacks, or Homosexuals?

This study was developed to examine whether bias against women, blacks, and homosexuals emerges in predictable patterns when raters are presented with hiring scenarios. We instructed the research sample to hire six of eight candidates for an accounting position. Eight candidates were necessary to offer the full range of gender, race, and sexual orientation combinations. Requiring the research sample to select six of the eight candidates meant that each respondent would have to discriminate by eliminating the two candidates they considered the least desirable. We found that a black, male homosexual is the most likely target of discrimination and the white, female heterosexual is the least likely to be discriminated against. If it develops that these findings hold across a wide range of work-related decisions and samples, such results would support the argument for maintaining affirmative action for blacks and extending civil-rights protection to gays and lesbians.     

“We do not hire smokers”: May employers discriminate against smokers?

Smoking employees are less healthy than nonsmokers, are absent more, make more and more expensive claims for health and disability benefits, and endanger co-workers who breathe smoky air. Employers may establish smoke-free workplaces, but—beyond that—employers may absolutely discriminate against smokers. Absent some common-law or statutory prohibition, employers are free to hire whomever they wish. The Americans with Disability Act prohibits discrimination against “disabled” applicants or employees, but smokers are not “disabled,” nor “regarded as” being disabled. Moreover, statutory construction does not lead to the conclusion that smokers are “disabled.” Since the policy of government is to discourage smoking, and discrimination against smokers promotes nonsmoking, such discrimination is not only not illegal, it is good social policy.     

Managing in a Nuevo Mundo: Accommodating Linguistic and Cultural Diversity Under Title VII

This article examines a legal issue that is derivative of the increasingly multicultural character of the American work force. The recent case of Garcia v. Spun Steak (1993, 1994) is illustrative of the challenge managers can face in dealing with cultural and linguistic diversity in the workplace. Over time, there have been conflicting messages in employment discrimination law as to the propriety of employer-imposed restrictions on the use of languages other than English in the workplace. However, the basic question involves the balancing of both the employer's right to manage the business and the right to self-expression in the language of one's choice in the workplace. Recommendations are made as to how each party's rights can be balanced under the law. What will be seen is that in the nuevo mundo of work found at the edge of the twenty-first century, the interests of both employers and employees may be best served by policies favoring language promotion over language restrictions.     

International synchronization of the Mexican states business cycles: Explaining factors

The aim of this paper is to identify the explaining factors of the synchronization of the business cycles of the Mexican states and those of the US economy. The cycle indicator is obtained by de-trending the series of total formal employment (Mexican states) and nonfarm employment and industrial production (US). In general, our panel data model estimations suggest the existence of spatial autocorrelation and significant time-period fixed effects. Also, the estimates indicate a significant and positive effect of the ratio of foreign direct investment to gross domestic product (GDP), which may be supplementing the impact of international trade (driven by the most internationally integrated states) and a negative effect of the ratio of remittances to GDP (driven by less integrated states). Finally, the evidence suggests that more similar productive structures yield more synchronized business cycles.     

Managing in aNuevo Mundo: Accommodating linguistic and cultural diversity under title VII

This article examines a legal issue that is derivative of the increasingly multicultural character of the American work force. The recent case of Garcia v. Spun Steak(1993, 1994) is illustrative of the challenge managers can face in dealing with cultural and linguistic diversity in the workplace. Over time, there have been conflicting messages in employment discrimination law as to the propriety of employer-imposed restrictions on the use of languages other than English in the workplace. However, the basic question involves the balancing of both the employer’s right to manage the business and the right to self-expression in the language of one’s choice in the workplace. Recommendations are made as to how each party’s rights can be balanced under the law. What will be seen is that in the nuevo mundoof work found at the edge of the twenty-first century, the interests of both employers and employees may be best served by policies favoring language promotion over language restrictions.     

Broadening the Definition of Unlawful Retaliation Under Title VII

Title VII retaliation cases have become a larger part of the Equal Employment Opportunity Commission (EEOC) caseload, and this development should be a growing concern for business. By addressing the question of exactly when a prohibited retaliatory action has been taken against an employee, the United States Supreme Court’s June 2006 decision in Burlington Northern & Santa Fe Railway Co. v. Sheila White ended a significant disagreement among the various appellate courts on the issue. The Supreme Court answered two specific questions regarding retaliation for raising a claim of sexual discrimination. First, the Court decided that the retaliatory conduct need not take place within the employment setting; and, second, it held that a materially adverse action requires only that a reasonable employee would be deterred from making, filing, or supporting a claim of workplace discrimination to the EEOC, the courts, or the employer. Employers need to revise and update their internal policies and procedures to ensure that their firms comply with these new standards.     

Exploring Discrimination on the Basis of International Experience: The Colonial Mindset Bias in the Context Of Pakistan

Discrimination in the labor market has historically been associated with gender, race, ethnicity, and age. This article introduces another basis of discrimination—international experience—which may exist in developing countries because of a colonial mindset. The research is an exploratory study, based on an analysis of in‐depth semistructured interviews with 8 HR managers, 19 employees with international experience, and 24 employees without international experience (N = 51) working in the oil and gas and telecom sectors of Pakistan. Results indicate some initial evidence of a bias, and hence discrimination during recruitment for entry‐level positions. Findings also indicate that international experience may contribute to enhanced employment opportunities, career progress, and higher compensation at senior‐level leadership positions, leaving those without such experience at a disadvantage. While in some cases international experience may be a genuine occupational requirement (GOR), further research is needed to identify whether this is in fact a GOR for senior level positions in all types of organizations or indirect discrimination under the guise of GOR. Recommendations for HR managers and organizational leaders are also set out, which can be applied in practice to foster equality of opportunity in the workplace. © 2017 Wiley Periodicals, Inc.     

论公平就业立法是创建和谐社会的重要举措

我国目前劳动力市场竞争激烈,劳动者处于弱势地位,加之国家对用人单位并无明确具体的公平就业法律规定,因此,各类不公平就业现象出现,为构建和谐社会设置了一道人为障碍。在市场经济条件下,法律法规才是规范行为、获得合法权益的最有效保障。     

Attention Deficit/Hyperactivity Disorder in Adults: Will This Be the Greatest Challenge for Employment Discrimination Law?

This article examines the issues surrounding the treatment of attention deficit/hyperactivity disorder (ADHD) under the Americans with Disabilities Act (ADA). Recently, medical research has shown that ADHD, which had formerly been thought to be a childhood impairment, in many cases persists into adulthood. Because of the projected prevalence and severity of the disorder, ADHD has the potential to be a critical employment issue as well. This article begins with an examination of the current state of knowledge regarding ADHD. Then, attention is turned to the intersection of ADHD and the ADA. Three central questions are then addressed. These include whether ADHD is a covered condition under the ADA and how ADHD might enter into the employment selection process, and finally, the question of how employers can and should provide reasonable accommodation to ADHD-affected employees. A concluding discussion addresses how the convergence of ADHD and the ADA could become the health issue of the 1990s and beyond for both individual employers and employment law in general.     

Job insecurity,career opportunities,discrimination and turnover intention in post-apartheid South Africa: examples of informative hypothesis testing

The objective of this paper was to investigate differences in male employee experiences in the light of employment equity law and a strong affirmative action drive within present-day South African organizations. This research is important as it can substantiate or invalidate perspectives and beliefs surrounding employment equity issues. A cross-sectional design was used which consisted of a stratified random sample from five corporate organizations (N = 1000). Latent variable modeling with Bayesian estimation was implemented. This paper also demonstrated the use of informative hypothesis testing and subsequent Bayes factors to directly compare the informative hypotheses, in order to show how much more likely one hypothesis is to be the correct hypothesis, compared to the other(s). The results revealed that non-designated (white male) employees experience more job insecurity than their designated (black male) counterparts, but this does not necessarily associate with more turnover intention. It was also found that when designated employees experience less career opportunities, they show more turnover intention. Furthermore, it was shown that designated employees perceive more discrimination, but that this does not associate with more turnover intention. The limitations and future research opportunities are discussed.     

Cultural Discrimination: The Reasonable Accommodation of Religion in the Workplace

Reasonable accommodation of religious practices continues to be a problem in the workplace. Recent Supreme Court decisions have enabled employers to exclude employees from the decision-making process of what constitutes a reasonable accommodation of their religious beliefs through the de minimis standard. In this article it is argued that, in most cases, the reason employers have been allowed to discriminate against these employees is the contentious nature of minority religious beliefs with the mainstream religious culture. Because judges view discrimination based on religious beliefs as distinct from the other reasons for discriminatory practices, such as race, sex, or national origin, it appears unlikely that adherents to minority faiths will face any abatement of discrimination in the workplace.