Discrimination Against Disabled Employees

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Discrimination Against Disabled Employees

Table of Contents

Introduction
Diversity and Inclusivity
Conclusion
References

Introduction

Diversity in the workplace is an essential factor that increases creativity and innovation and allows the organization to hire different employees, thus making its workforce inclusive. Different elements create diversity in the workplace, including gender, nationality, age, disability and culture. However, some groups are subject to discrimination and assault, which makes it necessary to have law enforcement agencies protect them from biased treatment. One of the effective government agencies enforcing the rights of diverse groups in the employment sector is the Equal Employment Opportunity Commission (EEOC). This paper argues that achieving diversity and inclusivity requires a collective responsibility of all the stakeholders to promote equality and fairness.

Diversity and Inclusivity

In an instance of discrimination, a Subway sandwich shop operated by RCC Partners in Arizona violated the rights of an autistic employee by firing him unlawfully after promising to accommodate him. Before hiring him, the victims mother had informed the shop that her sons condition required special accommodation, including precise and repeated instructions, close monitoring and detailed explanations (EEOC, 2022). However, the management of the shop did not heed the recommendations. Besides, they did not provide the victim with adequate training before firing him after being assigned duties in a few shifts. As a result of the lawsuit, the Subway shop was required to pay the employee $30000 and review its policy on equal employment (EEOC, 2022). Additionally, the shop was required to provide adequate training to all its employees on disability discrimination and write a report to the EEOC. The main compliance issue leading to this case is the discrimination of people with disabilities. RCC Partners fired the autistic employee because of his condition, thus violating the Americans with Disabilities Act which guarantees equal employment opportunities to people with disabilities.

EEOC has played a significant role in the quest for justice in this lawsuit by conducting investigations to establish the veracity of the allegations made by the employee regarding their unlawful dismissal. The commission concluded that the employer had violated the law by firing the employee based on the autistic condition that he had promised to accommodate. EEOC resolved the case by ordering the employer to compensate the victim and reviewing their equal employment policy. This is a fair ruling that grants justice to the victim and acts as a deterrent to other organizations that would attempt such violations. Without the commission, it would have been difficult for the victim to achieve justice.

RCC Partners does not have a mission statement that clarifies the need for diversity and inclusivity. However, there are various strategies that it can employ to ensure that its mission statement conforms to the values of diversity and inclusivity. Firstly, the company should design its mission statement based on the values of equality and fairness (Trewin et al., 2019). These principles should be integrated into the companys traditions by treating all the employees equally without discriminating against them based on disability, religion, race or cultural beliefs. Secondly, the company should emphasize that it will create a conducive working environment that will accommodate diversity and inclusivity in its mission statement. Such an environment is created based on effective communication strategies that allow the employees to associate freely and express their diverse views and principles without judgement or criticism (Trewin et al., 2019). One of the communication strategies to facilitate clear communication involves embracing employee engagement where managers and ordinary workers are free to interact and share their diverse views on the issue affecting them.

To effectively manage diversity in the workforce, RCC Partners must use the following strategies to create an inclusive working environment for people with disabilities. Firstly, the organization should create a mentorship program that comprises professionals to effectively motivate disabled employees to gain confidence when discharging their duties. When disabled employees feel valued, they become competent and develop satisfaction while in the working environment (Trewin, 2018). Additionally, this mentorship program should empower disabled employees to speak openly on the issues affecting them and engage them in developing solutions to such challenges. Furthermore, the mentorship program should impact disabled employees with leadership skills to enable them to elevate to top leadership positions. Giving people with disabilities a top leadership position serves as an inspiration for the other employees.

Secondly, the organization should adopt a zero tolerance policy on discrimination by clearly outlining the rules and procedures defining the principles of relations between the management and the disabled employees. The policy should include the circumstances for firing disabled employees and the consequences of illegitimate firing of such workers (Trewin, 2018). The organization should enlighten disabled employees on these rules to inform them of their rights and the appropriate actions they should take if they suffer discrimination. Additionally, the organization should have an independent commission within the management to investigate violations of these rules and ensure that the senior managers do not use their positions to discriminate against the junior employees (Trewin, 2018). This policy will be essential in making disabled employees aware of their entitlement to fair treatment, thus knowing when they have been mistreated.

Implementing these strategies successfully in the organization requires the engagement of all the stakeholders to ensure that all the affected parties are familiar with the new policies and adjust their conduct accordingly. Additionally, engagement of all the stakeholders gives the parties concerns and issues regarding the policies to raise before they are implemented. One of the effective ways to engage the stakeholders is by creating awareness of the concerned issue. The stakeholders, including the employees and the management, should be adequately informed on the necessity of adopting the new strategies and their positive effect on the organization. Awareness will familiarize the concerned parties with the strategies and create a sense of acceptability within the organization to facilitate easier implementation of the strategies.

This lawsuit exposes the discrimination against people with disabilities in society that has denied the affected group employment opportunities and other positions in society. As a result of discrimination, the subject of diversity and inclusivity in society has been difficult to achieve (Lutchman et al., 2020). Although there are organizations that have successfully integrated disabled people into their workforce according to the law, many organizations are struggling to adopt policies that promote inclusivity and diversity. A popular belief associates disability with incompetence and incapacitation that denies disabled employees equal employment opportunities. In other scenarios, employees have been discriminated against based on their race, religion and cultural beliefs. However, society can eliminate discrimination and promote diversity by adopting the principles of equality and fairness (Lutchman et al., 2020). These values create tolerance and understanding of diverse views and conditions, thus creating an inclusive society.

Conclusion

In conclusion, managing diversity and inclusivity in the organization ensures that different groups get equal treatment without being discriminated against based on their background. People with disabilities have been one of the most affected groups that have suffered discrimination in the workforce. To effectively address the issue of inclusivity in the workforce regarding people with disabilities, organizations should adopt policies that promote the values of equality and fairness. Besides, there is a need for effective awareness of the issue of inclusivity to create a conducive environment that accommodates diverse views.

References

EEOC. (2022). RCC Partners to Pay $30,000 to Settle EEOC Disability Discrimination Lawsuit.

Lutchman, V., Mahlangu, I., & Lentsoane, N. (2020). Embracing diversity and inclusivity in the workplace. Civil Engineering= Siviele Ingenieurswese, 28(9), 4-5.

Trewin, S., Basson, S., Muller, M., Branham, S., Treviranus, J., Gruen, D.,& & Manser, E. (2019). Considerations for AI fairness for people with disabilities. AI Matters, 5(3), 40-63.

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