Abstract
The process of recruitment, placement and promotions at workplace has for several occasions received negative accusations for practicing the act of discrimination and favoring some employees. Other potential employees have complained of being asked by their employers to perform certain favors in order to be recruited or promoted to a certain rank and this has prompted too many people from achieving their career goals on basis of their academics merits. This has prompted amendment of several bills and laws that prohibit any employer from exercising favors and discriminating actual and potential employees in the process of hiring and providing salaries and incentives on basis of races, age, gender or physical disabilities. This Paper therefore addresses some of the legislations that have been passed to protect the employees from the harsh treatments and discriminations during the process of hiring, job placement and promotions.
The most common legislation that has been used to protect the people from diverse background and gender is the Equal Employment Opportunity Act of 1972(EEO) contained in the Federal Law (92-261). The Act’s main concern is to ensure that all potential and actual employees in any company or the society are treated equally and fairly in the recruitment, promotion, training processes and any other Labor force actions such as payments and runumerations. This is to be observed to all people without looking at them on the basis of their sex, race, national origin, color or religion. This Act of parliament is exercised by the Equal Employment Opportunity Program which is in charge of overlooking that the law’s specifications are adhered to at all circumstances.
The Act also strictly prohibits sexual harassment either by employers or employees in an attempt to attain favors in promotion and recruitment process. Other discriminatory practices that are prohibited by this Act of Parliament denying a person an employment or promotion opportunity on basis of physical appearance, pregnancy, societal status of the person, political beliefs, impairments and disabilities and referring to previous or current job positions held by the person. The Act encourages companies to hire and offer promotions to persons on basis of merits and capabilities.
The main advantage of the EEO Act is ensuring equal opportunities for recruitment, placement and promotions for all people with relevant qualifications for the job on offer. This has ensured full utilization of labor force in the society as well as reduces the level of poverty by ensuring all people are equally considered in terms of their merits. The main disadvantage of the Act is that it does not guarantee employment since even if all applicants are given equal opportunities, only the ones with the best qualifications will be hired or promoted.
American with Disabilities Act of 1990 is another legislative regulation that ensures the rights of the qualified people with disabilities are not violated during hiring, training, compensations and promotion processes. This Act ensures that people with disabilities who have the required qualifications for a job are given equal opportunities as the rest of the employees. Disability in this case refers to any physical or mental condition that has affected the person’s ability to exercise all his or her body parts or organs. This also includes people with previous addiction to substances or impartial blindness that can be corrected.
The main advantage of this legal Act is that it has helped in reducing discriminatory issues in hiring and promotion of employees both in public and private companies. The Act has also made it clear for the companies to provide adequate amenities that cater for their physically challenged employees such as providing pathways for wheelchairs and effective training materials for the blind and the deaf. The main disadvantage of the Act is that it is likely to be taken for granted by those who do not qualify for a job title and these end up suing the recruiting company on basis of disability discrimination requesting for compensations.
Employment Non-Discrimination Act (ENDA) is another proposed legislation that prohibits employers who have more than fifteen employees from discriminating people on basis of gender identity or sexual orientations when recruiting, compensating, promoting or training employees. The legislation is currently under review so as to include the rights of LGBT who have allegedly for a long time been discriminated against particular job positions or even denied hiring chances on bases of their sexuality. The Act is aimed at ensuring equal recruitment, promotions, salaries and wages for all employees on the same job ranks, training and promotions opportunities are granted to all employees irrespective of their gender or sexuality or marital status of the employee. The Act prohibits any form of harassment including sexual favors in order to grant the above opportunities to employees. The advantage of Act has ensured equal opportunities to all persons who have qualifications for the job offer irrespective of their gender. The main disadvantage of the Act is that it is prior to abuse by those who fail to get the job opportunity on basis of their merits or other disciplinary actions.
These legislations are essential in the selection procedure of the company’s District Manager. Since the applicants are within the establishment, it means the opportunity is majorly focusing on promotion of the internal employees and based on the above legislations that prohibit discrimination on hiring, promotion, compensation and training, then all the applicants stand a chance of occupying the job position if their qualifications prove to be best.
References
Papa, M. J. Et al (2007). Organizational Communication: Perspectives and Trends (5 edition). SAGE
Rodgers, J. & Jill R. (2003). The Minimum Wage as a Tool to Combat Discrimination and Promote Equality. International Labor Review Vol. 142(4)
