Reply to each of the attached threads. Reply must be 250300 words and must include at least 2 scholarly sources (published within the last 5 years) in addition to the course textbook and

Affirmative action was put into place under an executive order President John F. Kennedy in 1961. This law prohibited employers from discriminating against employees based on race, creed, color or national origin. It also offered benefits for employers who sought out or hired employees from different backgrounds. In 1965 there was then a shift to voluntary affirmative action, so that there would be greater flexibility in employment practices and those who were hired would not be seen as taking the place of someone else. While the law was placed to protect minorities against the majority the employer’s inclusion policy there are now Caucasian plaintiffs who assert that they were not hired based on reverse discrimination (Murphy,2018).

There are two types of reverse discrimination treatment that have been to the supreme court the first is “Disparatee treatment” is when anyone is intentionally discriminated against based on their protected characteristics or class. This was decided in the McDonnell Douglas Corp V. Green case. Second, is “disparate impact” this is defined as an employer who has policies in place that appear to be fair but in reality are discriminatory.  In Griggs V. Duke Power Co.  In United SteelWorkers v Weber a Caucasian plaintiff claimed reverse discrimination because the company had a training program that employees could apply for but required there to be an equal percentage of white and black participants. In this case the SteelWorkers was not found to be discriminating Title VII (Murphy, 2018).

                Galatians 3:28 states “There is neither Jew nor Greek, there is neither slave nor free, there is no male and female, for you are all on in Christ Jesus”  and Galatians 5:14 tells us to love your neighbor as yourself.  Lastly, Matthew 7:12 “So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets”. All of these versus makes it very clear that as Christians we should not discriminate against other people regardless of their religion, gender, creed or race. Unfortunately, in the United States we have a long history of systematic racism making close to impossible for minority to either pass on generational wealth or to earn a level of education anyone who meets the requirements deserves. While reverse discrimination is a newly emerging issue by having practices in the workplace that embody equality for everyone would be ideal. Equality is not always giving every individual person the same exact treatment but rather working together as a team to accomplish a goal or mission. A prime example of this would be a new mother who needs to go on maternity leave. While three months paid leave for a new child is preferred, it is also equal for a new father to get between two weeks to a month of leave for a new child.  It would also be imperative to provide equality training in the workplace, have the option for a flexible work schedule and ensure that managers and top level executives have the same vision and standpoints as the company that they are representing.

Reference

Murphy, W. (2018). Distinguishing Diversity from Inclusion in the Workplace: Legal Necessity or Common Sense Conclusion? The Journal of Business Diversity, 18(4), 65-83. https://go.openathens.net/redirector/liberty.edu?url=https://www.proquest.com/scholarly-journals/distinguishing-diversity-inclusion-workplace/docview/2206006221/se-2

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Why would employers want to fire employees whose dependents are having serious health problems? What do you think would be the reaction of employees with healthy dependents who suspect this might be happening?

Though it may come across as unfair, cold, and heartless, employers may want to fire employees whose dependents have serious health problems. Several reasons why employers may consider taking such measures are work availability, job performance, and cost-effectiveness.

Work Availability and Job Performance

If a dependent's health problems cause an employee to miss work frequently, it can influence the company’s workflow and productivity. Work-flow design involves the individual and collective tasks necessary to produce a product or perform a service (Noe, Hollenbeck, Gerhart, & Wright, 2021). If an individual is unavailable for work, it affects their individual work output, which in turn affects the output of other work units and the company as a whole.

Dealing with a sick family member can be physically, mentally, and emotionally draining.  The demands can influence job performance. Being distracted or impaired by outside issues can impact an employee’s effectiveness and the quality of their work.  Research has shown that impaired work ability is a risk factor for termination or dismissal (Martinez and Fischer, 2019). With stringent budgets and reductions in staffing, individual contributions have become more vital. Employees have to be present and perform their duties well in order for companies to function at an optimal capacity.

Costs Another reason an employer may consider firing an employee with dependents with serious health problems is because of cost-effectiveness. Chronic conditions can be expensive in prescription costs and out-of-pocket expenses. They also have a tendency to drive overall healthcare premiums upward for employees and employers (Maxwell, 2017). Subsequently, any dependents covered on an employee’s insurance can also add to those costs. Some employers attempt to control costs by offering varied employee contributions based on the employee’s health and risk factors rather than charging each employee the same premium (Noe, Hollenbeck, Gerhart, & Wright, 2021). This shows the extent to which employers try to reduce healthcare costs and keep them affordable.

Co-Worker Reactions

There are a number of ways employees with healthy dependents can view the termination of a coworker under these circumstances.  They may feel the termination was unfair.  Employees may empathize with their coworker and their situation. They may have concerns for the welfare of the uninsured dependent. They may also consider would the company treat them the same if they needed to miss work because their dependent became sick. 

Employees may feel the termination was inevitable. Due to the frequent absences of their coworker, they were forced to carry the weight of greater production. Though the reasoning for missing work is understandable, it causes disruption in the workflow, continuity, and cohesion of the unit. It can also affect the morale of other employees and lead to decreased productivity.  

Legal Aspects

When most think of legal protections for employees in reference to medical conditions, they refer to the Federal Medical Leave Act (FMLA) and the American Disabilities Act (ADA) legislation. These matters can be complicated and in some circumstances do not apply. There is no federal law that requires employers (other than federal contractors) to provide sick time, whether paid or unpaid. FMLA does obligate employers with 50 or more employees to provide leaves of absence of up to 12 weeks for severe health conditions of eligible employees or their family members (Berkowitz, Downes, & Patullo, 2018). If medical conditions that cause employees to be away from work are related to a disability, it is possible that they could still be terminated. A uniformly applied attendance policy does not violate the American Disabilities Act even if it has a more severe effect on individuals with disabilities, or on employees who have family members with disabilities (Pacer.org, 2022).   

References

Berkowitz, A. D., Downes, J. I., & Patullo, J. E. (2018). Navigating the maze of state and local employment laws concerning sick time and family leave, criminal and salary history checks, pregnancy and lactation accommodation, and anti-discrimination protection for medical marijuana users. Employee Relations Law Journal, 43(4), 3–27

Martinez, M. C., Fischer, F. M. (2019). Work ability as determinant of termination of employment: to resign or be dismissed? Journal of Occupational and Environmental Medicine, 61 (6), 272-281

Maxwell, C. (2017), The Effect of chronic conditions on employer and employee healthcare costs. JP Griffin Group Employee Benefits Blog. Retrieved 1 October 2022 from: https://www.griffinbenefits.com/blog/effects-chronic-conditions-employer-employee-healthcare-costs

Noe, R.A., Hollenbeck, J.R., Gerhart, B., & Wright, P.M. (2021) Human resource management: Gaining a competitive advantage (12th edition) New York, NY: McGraw-Hill.

Pacer.org (2022). ADA Q&A: FMLA and Job Protections for Parents. National Parent Center on Transition and Employment (2022). Retrieved 1 October 2022 from: https://www.pacer.org/transition/learning-center/laws/ada/fmla.asp#:~:text=A%20uniformly%20applied%20attendance%20policy,policy%20as%20a%20reasonable%20accommodation.

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