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Diversity Issue. Legal Analysis. Report (Assessment)

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Updated: Sep 2nd, 2021

Diversity issues may be related to race, gender, age, disabilities, religion, job title, physical appearance, sexual orientation, nationality, multiculturism, competency, training, experience, and personal habits. For maintaining the diversity issues, it is very much important of every establishment to manage a sound place with a sound environment and all employees should be treated with fairness and respect. One and all would have the skills and the wish for resolving conflicts in perfect workplace that may happen from our variation of culture. All allegations of discrimination, harassment, or complaints of unequal treatment should be taken seriously. This study shows how this workplace diversity, workplace harassment are happened. The study analyzes an article for understanding the legal issues of all the concerned matters. The article is “Workplace violence in Queensland, Australia: The results of a comparative study.” First up all the study gives an idea o workplace diversity, workplace harassment etc.

“Workplace diversity is about acknowledging differences and adapting work practices to create an inclusive environment in which our diverse skills, perspectives and backgrounds are valued” (DEWR 10 December 2007). Unlawful harassment is a main form of discrimination that happened to the workplace. It may be happened an unwelcome verbal or physical conduct on the basis of race, color, religion, sex, national identity, age (40 and over), disability (mental or physical), sexual orientation, or retaliation constitutes harassment when:

  1. When the conduct or behavior of harassments is sufficiently severe or pervasive to create a hostile work environment; or
  2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.). (Understanding Workplace Harassment. 1 August 2008).

The author of the study emphasized on the ‘workplace violence against the nurses’. He argued that “work place violence against the nurses is high and it is increasing day by day and it is not limited in any particular country it is defined as an international issue.” It is thought easily to look around the world that nurses are being harassed variously. He said that “there is a direct link between episodes of violence and aggression towards nurses and sick leave, burnout and poor recruitment and retention rates. Nurses subjected to physical and verbal attacks have stated that it made them miss work.” He has also brought a one year survey about the workplace violence against the nurses of UK.

Here one thing is noticeable that by whom the nurses are harassed and what is the contribution of authority (authority may be state) to protect this kind of crime. If this is the practical scenery of a develop country like England then what can be the condition of undeveloped or developing country. The all kinds of employee can be diversified for the various kinds of harassments. This harassment may be happened in many ways. According to Thomas (2005), the nature of diversity depends on the recruitment and selection activities of an establishment, it was followed by early socialization, training, and career development activities, continuing with group processes, conflict, and leadership activities. The study presents some contemporary examples and personal experiences make it easier for readers to understand and appreciate the effects of diversity. “Some examples of workplace harassment may include:

  • harassment, bullying, intimidation assault etc. avoiding or excluding someone due to race, age, sex, religion, etc.;
  • verbal insults or degrading remarks;
  • unwelcome jokes about disability, race, sex and so on;
  • offensive physical contact or coercive behavior which is intended to be derogatory or intimidating; unwanted touching, patting, or lewd physical conduct.
  • insulting or threatening gestures;
  • unjustified and unnecessary comments about a person’s work or capacity for work;
  • phone calls, letters or messages of any kind which are threatening, abusive or offensive;
  • persistent following or stalking within or to and from the workplace;
  • dismissive treatment or material expressing prejudice or stereotypical behavior;
  • the continual exclusion of a person or group from normal conversations, work assignments, work related social activities and networks in the workplace;
  • sexual or racial banter, crude conversation, innuendo and offensive jokes, and discriminatory use of management/supervisory power.
  • supervisor-promised promotion if employee agrees to a sexual relationship.
  • pictures, posters, graffiti or written materials which are offensive or obscene.

This form of discrimination may be inadvertent or intentional, and it can be obvious or subtle; regardless, it is unacceptable at Appalachian and, in many cases, against the law” (Unlawful Workplace Harassment. n.d.). “Several recently litigated cases are [happened], including the perplexing University of Michigan case in which the U.S. Supreme Court issued a split decision upholding the subjective, holistic procedure used by the law school while striking down the objective formula used for undergraduate admissions” (Fischer, 2006, p.763).

Lastly, it is now yet questionable that how diversity can influence ongoing social and interpersonal experiences at work and, in the opinion of the study, contain some of the most challenging and resistant obstacles to effective diversity management. “The prevalence of diversity in the workforce and marketplace and emphasizes the importance of effective diversity management for organizations that want to be competitive both now and in the future” (Fischer, 2006. P.761).

References

DEWR. (2007). Workplace Diversity Strategy. Web.

Fischer, Donald (2006). Book Review Section. Journal of Personal Psychology. Vol. 59 (3). 741–778.

Thomas, M. Kecia. (2005). Diversity Dynamics in theWorkplace. Belmont. CA: Wadsworth.

Understanding Workplace Harassment. (2008). Federal Communications Commission. Web.

Unlawful Workplace Harassment. (n.d.). Office of Equity, Diversity and Compliance Appalachian State University. Web.

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