Gender identity or sex discrimination is treating someone in a negative manner because of their sexual identity (U.S. EEOC, 2014). This statement applies to applicants and employees. Gender discrimination can also apply to someone who has a connection with an organization or group that identifies with people of a certain sex (U.S. EEOC, 2014).
A person who is transgender and is discriminated against is a violation of Title VII; Title VII or known as the Civil Rights Act of 1964 (Reed et al. 36) prohibits discrimination in the workplace based on “race, sex, color, religion, and national origin.” Transgender is a term used to describe people whose gender does not conform to the sex they were born in at birth (Bradford et al. 1820). Transgender discrimination is considered gender identity discrimination (U.S. EEOC, 2014).
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It is also unlawful to harass a person because of their sex identity, and it can be either a woman or man. This is considered sexual harassment (U.S. EEOC, 2014).
ISSUE
The Human Resource Management Department works within an organization as a manager of all employees’ providing direction, training, compensation, hiring, firing, safety, wellness, benefits, motivation, communication, and administration (About.com). It works to promote a healthy workplace climate, allowing them to contribute to the overall goals and objectives of the company (About.com).
The culture of the workplace is instrumental in finding an employee that is a good fit for the group or organization (About.com). It is important in the overall shaping of the enjoyment, relationships, and processes of the working environment. The working environments contain values, beliefs, attitudes and behaviors that are shared by a team of individuals (About.com Human Resources).
The Human Resource departments are instrumental in managing these aspects of an organization, and when there is a violation of the rights of an employee, it has procedures in place to correct these incidents through Employee Relations. Employee Relations specialist investigates and resolves workplace issues through the Human Resource strategies in place that include specific steps for ensuring the safety free from discrimination, and the well-being of each employee (Mayhew, Ruth).
Since the Human Resources departments have strategic responsibilities as well as functional responsibilities for the entire corporation, it should be educated and have experienced personnel with professional skills that perform every Human Resource function including Employee Relations (Mayhew, Ruth).
DISCUSSION
In an article titled, “Unmasking the Conflicting Trends in Job Tenure by Gender in the United States, 1983-2008”, the author states Americans believe the stability of the job market has declined recently, and that women job tenure has declined (Hollister & Smith 159). They also state the shift in the industry and occupational levels could be the reason for the decline.
Andrew Beath, Fontini Christia, and Ruben Enikolopov believe that in societies where there is a large amount of gender discrimination, it is important to develop a program where a gender quota is required. This process would improve women economically, politically, and in their social status. A random experiment in 500 Afghan villages was done examining the effects of a development program that needed female participation in some economic, social, and political activities, and they found that no change was produced in the more entrenched female roles linked to family decision-making or in the attitudes toward the role of the women in society (Beath et al. 540).
Judith Bradford, Sari Reisner, Julie Honnold, and Jessica Xavier examined relationships between some social determinants of health and experiences of discrimination of transgender 350 people in Virginia, and found that 41% (143) of them experienced transgender-related discrimination. Geographic context, gender (female to male vs male to female individuals), low socioeconomic statuses, minority classifications, the lack of health insurance, gender transition indicators, the need of health care, history of violence, history of substance abuse, health behaviors, interpersonal skills, and connection to the community were all important factors that added to discrimination (Bradford et al. 1828).
(Bradford et al. 1820) concluded the transgender citizens of Virginia experienced discrimination in health care, employment, and housing. The authors suggests intervention is needed for the transgender citizens, which should include legal protection and training for those in the health care companies.
IMPACT
Employment practices should apply to everyone, regardless of their sex or sexual orientations. The law forbids discrimination in any aspect of employment, which includes hiring, firing, layoff, training, pay, job assignments, benefits, or any other term or condition of employment (U.S. EEOC, 2014). In 1964 when the Civil Rights Act was passed, discrimination in the workplace was not a major topic of discussion, and, in fact, many were acceptable of it (Reed et al. 37). Over the years, there has been a rise in sexual discrimination as well as discrimination against women in the workplace, and a rise in the moral feelings of most Americans (Reed et al. 37)
The role of the Human Resource Department has expanded since 1964, and most require new hires and employees to take orientation, leadership training, and professional development classes and workshops on a yearly basis (Mayhew, R). This training and development now includes such topics as ethics, sexual harassment, and other important topics.
- Beath, Andrew, Christia, Fotini, & Enikolopov, Ruben. “Empowering women through development aid: evidence from a field experiment in afghanistan.” American Political Science Review (2013): 540-557.
- Bradford PhD, Judith et. al. “Experiences of Transgender-Related Discrimination and Implications for Health: Results From the Virginia Transgender Health Initiative Study.” American Journal of Public Health 103.10 (2013): 1820-1829.
- EEOC.gov. U.S. Equal Employment Opportunity Commission. 2014. 13 04 2014. http://www1.eeoc.gov
- Heathfield, Susan M. About.com Human Resources. 2014. 13 04 2014. http://www.humanresources.about.com/
- Hollister, Matissa N. & Smith, Kristin E. “Unmasking the conflicting trends in job tenure by gender in the United States, 1983-2008.” American Sociological Review (2014): 159-181. 13 04 2014.
- Mayhew, Ruth, Demand Media. Small Business Chron. Primary Responsibility of a Human Resources Manager. 2014 14 04 2014.
- Reed, O.L., Shedd, P.J., Morehead, J.W., & Corley, R.N. The legal & regulatory environment of business 13th ed. Ed. J.E. Biernat. New York: McGraw-Hill Irwin, 2005.
