Before 1960s, there was high discrimination on employment based on compensation, conditions, terms and privileges because of individual's race, religion, color, nationality of origin and sex. However, the Civil Rights Act of 1964 which was enacted on July 2, 1964 provided a is a landmark change. The act came up with pieces of civil rights and US labor laws legislation that outlawed various discrimination that were based on color, race, religion, nationality or sex. Its aim was to end treatment and racial segregation in places such as schools, workplace and other facilities that served the general public. In the first stages of enactment, powers to enforce the law were initially weak and were later supplemented. The case involving Tillamook Cheese Company is in Corinth, Pennsylvania in the United States may be classified as one of the cases that represent discrimination in a place of work. The company has 100 employees in its principal processing plan with 85% of the workforce being between ages 25 and 35.
Pennsylvania has a population consisting of 50% white, 25 percent African American and the rest being Asian American, Hispanic Americans and others. According to the statistics, 75% of the white population has completed high school compared to 25% of the minority race. According to the civil right act, these figures are relevant in deciding the employment demography in Tillamook. According to SEC. 623,section 4, it is lawful to consider some practices such as occupation qualification or other reasonable factors for a good cause. In Tillamook situation, one has to get a high school diploma to get employment as a cleaning crew. This is then used to offers equal employment chances as it is not based on ethnicity, race, religion or color. However, the company can face a lawsuit as there lacks equality and balance in hiring of employees especially on the cleaning crew. It is unlawful for an employer to refuse or fail to hire any individual as a result of discrimination based on persons color, race, religion or nationality (Eeoc.gov, 2016). Such segregation is has deprived the minority groups employment opportunities and has adversely affected the company reputation as an employer in a society that is demographically diverse.
The law is clear that when there is discrimination, then the human resource department should consider the civil right act and apply it. In Tillamook, there are set qualification for equal opportunity. However, as 25% of those in minority groups have completed high school, then they should be considered for positions of cleaning crew so as to balance the employment population in Tillamook Cheese Company. Tillamook should aim at improving the ratio of cleaners according to the ratio of the people living in Corinth. This will be based on company good cause and not on following any rule stated on civil right act. In most cases, an employer hires employee who qualify to give the needed services and this is the main reason why it sets some qualification standards. As long as there is no discrimination based on either race, ethnicity, color or religion, this information would not be as it is. Statistics should be relevant to the population ration where the minority groups are represented in equal ratios. Most of the companies that are compliance with the civil right act, there are equal opportunities to all races which is depicted by their workforce. It is evident that this is not evident in the Tillamook Cheese company in terms of race although discrimination on age is minimal.
Tillamook Cheese company needs to have a policy change that will affect the human resource in a positive way. at the current situation, all the cleaning crew are white although there are other minority groups qualified for the same position. In addition, over 85 percent of the total employees are aged between 25 and 35 years meaning the number of old employee in the company consist of 15 percent only. This shows great discrepancies in hiring of the employees. There does not exist policies that would ensure unbiased and indiscriminately practice in hiring new employees. This is setting a bad precedent for a company that is located in diverse community and serves a diverse customer base (YouTube, 2016). There lacks balance and equality to represent the whites, African American, Hispanic Americans, Indian Americans and others.
Tillamook should develop a policy that uphold a balanced workforce ratio. The first focus should be on the old workforce. According to SEC 621, it states that the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons. In addition it observes that the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave (Eeoc.gov, 2016). To avoid these facts observed by the congress, there is need to find a balance on age limit and company performance. Although the older employee may be fairy unproductive compared to the young it is important to have policies that incorporate them among the younger employees. Such policy will promote employment of older individuals according to their ability instead of their age and this will solve societal (YouTube, 2016). The policy would also prevent Tillamook Cheese company from facing a lawsuit on unlawful action as a result of failing or refusing to refer for employment and discriminating an individual because of age.
Tillamook has 100 percent of its cleaning crew being white whereas there are other qualified individuals from minority groups. Such scenario does not mean that the minority groups are not interested in these position considering that the company is located in their community (YouTube, 2016). According to the Title VII of the civil rights act 1964, an employer practices shall focus on making sure that the company does not fail or refuse to hire an individual because of his or her race, color, sex, religion or nationality. It shall be unlawful to classify, limit, or segregate applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion, sex, or national origin (Eeoc.gov, 2016). The Tillamook human resource can also face potential law suit when it fails to employ diverse group of people because of their race, nationality or color. These factors shows that there is the need to have a diverse employee population that is representative to the population demography.
References
Eeoc.gov. (2016). The Age Discrimination in Employment Act of 1967 (ADEA). [online] Available at: https://www.eeoc.gov/laws/statutes/adea.cfm [Accessed 27 Oct. 2016].
Eeoc.gov. (2016). Title VII of the Civil Rights Act of 1964. [online] Available at: https://www.eeoc.gov/laws/statutes/titlevii.cfm [Accessed 27 Oct. 2016].
YouTube. (2016). Adverse Impact and Disparate Treatment. [online] Available at: http://www.youtube.com/watch?v=yjTZL9NEIVI [Accessed 27 Oct. 2016].
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