Assignment on human resources

Assignment on human resources

The United States is a testament to equal representation for everyone, and as such, it has passed a number of laws to safeguard both the interests of businesses and employees. A few laws in every state aim to defend workers' rights from infringement. But there have also been situations where equality for all has fallen short.

It represents a flagrant violation of Ms. Greenway's rights because she was denied promotion at her place of employment. She has been employed by the organization for a considerable amount of time and has been continuously learning, which has led to little but steady advancements. It also implies that she bears the qualifications, education and more experience to handle any task in her department. She has, however, been denied a further promotion based on several issues which include the gender. Ms Greenway is a transgender whereby she has gone through the transition during her tenure at the company since she had joined the company as Arthur. The New York State Human Rights Law (Executive Law, Article 15) prohibits the discrimination of employees based on gender, race, creed, a nation of origin, sex or marital status.

Failure to Observe Anti-Discrimination Laws

The issue of denying Ms Greenway promotion on the basis gender fails to observe the principles stipulated in this law. The United States Constitution has provisions that form statutes that prohibit the discrimination of employees based on gender and sexual orientation. The U.S Equal Employment Opportunity Commission is a commission responsible for enforcing laws that make it illegal the perception of an employee or a job applicant based on religion, color, sex that is gender identity, pregnancy and sexual orientation. Ms Greenway's case went against the principles stipulated under this commission. She has raised the issue with the appropriate agency, which is the human resources department that caters to the welfare of the employees at the workplace. However, should there be no positive response from the department she should consider seeking legal advice.

Age Discrimination and Its Implications

She was also denied the opportunity because of her age. She is sixty years old and has worked for the company for three decades. The person appointed for the appointment is half her age, and they consider him the best position because of the image and the future of the company. This implies that she is too old to represent the company in such a position because it will affect the productivity of the company in terms of attracting investors. Ideally, age should not be a factor to influence the promotion of an individual as long as they have the capability and qualifications to perform.

Protected Classes and Failure of Protection

According to the Employment Discrimination Laws, it provides the provision of a protected class that should not be discriminated against in the workplace, and it includes the people at the age of 40 years and above, mentally and physically disabled workers, pregnant, and persons of a particular religion among others special cases. In this case, Ms Greenways falls under the special class that has failed to get the protection regardless of her age whereby she should not have been discriminated. Also, the NLRA unfair labor practices process ought to investigate the employers of Ms Greenway because they caused her immediate supervisor to discriminate against her and the human resource department refused to listen to her pleas regarding that the decision was final. Additionally, this went against the New York State Human Rights Law that forbids the discrimination of the workers based on age, race, gender, sex and marital status. The issue should be addressed the national labor relations board that should intervene and address her concern.

Racial Discrimination in Promotion

Ms Greenways was denied the promotion because of of her race. She is an African American while the person promoted is an Asian male. Notably, her education qualifications are way higher than his because she has a bachelor's degree, a master's degree and has excelled in her certified public accounts course. She is, therefore, qualified to hold the position of a supervisor. On the other hand, the Asian -American only has a bachelor's degree and a five-year experience. His capability to perform cannot be doubted in this case, but the fact that Ms Greenways applied for the same position and they overlooked her education and experience it is therefore evident that the racial factor had a role to play in the selection process.

Embracing Equality and Addressing Discrimination

According to the United States, constitution and the various employment and labor laws embrace equality of all the citizens regardless of their places of origin and the races too. For example, the equal employment opportunity requires that the employers should not be discriminated based on their race and gender among other factors. The employment discrimination act also prohibits the discrimination of the employees on a similar basis. Additionally, the US Department of labor laws also forbids such discrimination. The union for the representation of the accountants should ensure they raise the issue to the management for further actions. The union is suitable to present the issue to the management because its purpose is to address the issues affecting them through chosen representatives.

The case above is a representation of how companies discriminate against their employees regardless of their qualifications, which should not be the case, as people should be allowed to further their careers without looking at such factors as above.