Fair treatment in the workplace is a practice that supports the expectations of employees and companies. The studied hypothetical scenario indicates that the U.S. Supreme Court has declared all regulations and laws aimed at prohibiting different forms of discrimination in companies and institutions unconstitutional. This paper uses such a pronouncement to make a strong case for meeting the needs of all stakeholders in different environments. It also offers recommendations that can make a difference for many retailers.
Federal Forms of Discrimination
The introduced scenario requires that companies consider or ignore evidence-based measures to prohibit various forms of discrimination. Firms that decide to voluntarily prevent such injustices stand a chance to record various benefits. The first one is any form of discrimination based on people’s racial backgrounds. Implementing appropriate protection measures against this vice encourages employees to work as teams and promote organizational performance (Starostka-Patyk, Tomski, & Zawada, 2015). Such a company will incur minimum costs to implement such a policy. This organization can allocate adequate financial resources to recruit and empower individuals from diverse backgrounds.
The second one is any type of discrimination based on gender. The retailer will introduce superior laws to ensure that women and men receive equal treatment. This move will guide the organization to hire competent females to promote performance. It will also attract more customers and become one of the best companies to work for. The company will have to incur extra costs to implement the policy and introduce a new change aimed at supporting women. This is true since it will require more funds to offer competitive salaries and remunerations to the hired female workers. The third type of discrimination is that of disability.
This retailer needs to introduce evidence-based procedures for hiring and supporting more disabled workers (O’Cinneide & Liu, 2014). The potential benefits include a superior culture, improved working conditions, and natural support systems. The cost for this approach will be high since the company will have to construct pavements, stairways, and natural support systems to meet the needs of such employees. It can also utilize its finances to purchase wheelchairs and improved technological systems to ensure that disabled workers complete their duties efficiently.
Uncovered Form of Discrimination
Not all discriminatory practices in working environments are covered by existing federal laws. For instance, there is no provision barring any kind of discrimination on the basis of gender identity or sexual orientation (McGoldrick, 2016). The retailer can consider hiring and providing opportunities to lesbian, gay, bisexual, and transgender (LGBT) persons. This move will attract more people to work for the retailer, transform its organizational culture, and become one of the best companies to work for. The company will not incur numerous costs since it is possible to merge this policy with the ones aimed at preventing any form of discrimination based on gender, age, religion, or race.
Hiring and Promotion Practices
This retailer can consider evidence-based hiring and promotion practices to diversify its workforce. Such a decision will ensure that the organization attracts and recruits competent individuals who can take it to the next level. This approach will also minimize cases of discrimination and disagreements. The company will find it easier to meet the needs of its diverse customer base (Starostka-Patyk et al., 2015).
The inclusion of individuals from different religions, cultures, and backgrounds will create the best environment for improving performance. New talent will also become a reality in this company. However, the company should incur huge expenses to identify and attract people from diverse backgrounds. It should introduce superior programs for engaging and guiding individuals from various ethnicities. Constant monitoring, empowerment, problem-solving, and decision-making practices will be needed to support the strategy.
Ethical Considerations
Business organizations should consider appropriate strategies to meet the expectations of all workers and their respective communities. Failure to consider the importance of such policies will trigger various ethical concerns. For instance, the concepts of corporate governance, ethical decision-making, and CSR support voluntary policies aimed at prohibiting workplace discrimination. Such attributes can empower workers and eventually improve organizational performance. Leaders should utilize their competencies to introduce or support moral ideas in their firms (O’Cinneide & Liu, 2014). This move will be against these ethical gains or goals. Many employees will feel oppressed and be unable to achieve their potential. Some of them might embrace this loophole to abuse others or pursue their selfish gains.
The same conundrum will exist if the retailer does not implement an effective hiring and recruitment plan. Members of different communities across the country will be against its objectives and goals. Many individuals will fail to work for it or purchase its products (Starostka-Patyk et al., 2015). Existing workers might decide to look for employment elsewhere, thereby increasing the rate of turnover. Such an idea is against the concepts of corporate governance, ethics, and CSR.
Recommendations
Several suggestions can be presented to explain why there is a need for this retailer to adopt all of the outlined employee protections and recruitment practices. Firstly, such a model is in accordance with the existing ethical requirements of modern businesses. This is true since the initiatives will support its CSR goals and improve its organizational performance. Secondly, the initiatives resonate with the employment-at-will-doctrine.
This framework ensures that firms do not terminate employment contracts without notice, thereby minimizing industrial lawsuits (O’Cinneide & Liu, 2014). This model supports the unique needs of both employees and employers. Thirdly, most of the statutory protections available to employees support this approach. For instance, employers should provide appropriate remunerations, medical covers, and allowances to their workers.
Fourthly, the idea is informed by the provisions of modern contract law. This regulation governs the mutual agreement existing between any two business parties or partners. The provision outlines several elements that are required if the contract is to be enforceable (Krinitcyna & Menshikova, 2015). Such aspects ensure that both parties remain committed to each other’s demands.
Similarly, the recommended hiring practices will attract more people from diverse backgrounds. This approach will ensure that the company supports the proposed policies. This is true since effective recruitment models form the basis for all antidiscrimination practices (McGoldrick, 2016). The move will make sure that the retailer has a workforce comprised of women, people with disabilities, the elderly, young professionals, and LGBTs.
Some people might cite the Supreme Court’s pronouncement to oppose the above recommendation. They can go further to use this ruling to support the tremendous benefits that many companies might achieve, including reduced operational expenses (O’Cinneide & Liu, 2014). Unfortunately, such measures will make many companies unethical, affect their CSR attributes, and eventually disorient their goals towards sustainability.
Conclusion
The above discussion has supported the use of appropriate policies in business organizations to prevent discrimination and hire people from diverse backgrounds. Such a model is essential since it supports all existing provisions, such as modern contract law, employee-at-will-doctrine, statutory protections for employees, CSR, corporate governance, ethical decision-making, and business ethics. Companies that consider these elements will attract skilled employees, remain sustainable, and achieve their goals.
References
Krinitcyna, Z. V., & Menshikova, E. V. (2015). Discrimination issues in the process of personnel selection. Procedia – Social and Behavioral Sciences, 166, 12-17. Web.
McGoldrick, D. (2016). The development and status of sexual orientation discrimination under international human rights law. Human Rights Law Review, 16, 613-668. Web.
O’Cinneide, C., & Liu, K. (2014). Defining the limits of discrimination law in the United Kingdom: Principle and pragmatism in tension. International Journal of Discrimination and the Law, 15(1-2), 80-100. Web.
Starostka-Patyk, M., Tomski, P., & Zawada, M. (2015). Diversity management as a part of corporate social responsibility policy. Procedia – Computer Science, 65, 1038-1045. Web.