Sex Discrimination Or Inequality In Workplace

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Sex Discrimination Or Inequality In Workplace

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Question:
Write a report of Sex Discrimination or Inequality in Workplace.

Answer:

Introduction
Gender Discrimination means treating someone it may be employee or an applicant disapprovingly. Law forbids sex discrimination at workplace. It is totally against the law when it comes to service or employment such hiring of an employee, firing of an employee, promotion of an employee, any perquisites to an employee, pay scale of an employee, training of an employee, any other conditions that are applicable to employment. Sex discrimination is unlawful and it becomes harassment at workplace (The Body, 2017).
Harassment need not to be sexual in nature, it can be offensive remark made against person’s sexual orientation. For example:- It is not legal to harass a transgender at a work place by passing bad comments about transgender in general. Target can be anyone like it may be man, a woman, or transgender. The person who harasses the worker at a workplace can be his/her manger, supervisor, colleague, customer or a client (Barreriro, 2017)
The Policies of employment applies to each employee equally irrespective of his/her sex and it will not be legal if it has an adverse effect on the job of people of a particular sex.
There can be direct and indirect sex discrimination. When an employee is adversely treated due to its gender, orientation it is called direct gender discrimination. When the supervisor handles the job based on gender capability it is called indirect sex discrimination.
It is the duty of employers to eliminate the workplace sex discrimination practices by applying some policies regarding workplace ethics.

Some of the Issues or examples that are faced by the Lesbian, Gay, Transgender and bisexual at workplace:
Not having officially authorized safety in place of work:-

Some of the countries does not permit LGBT persons to have same sex relationship. Existence of this kind of law it is not possible for the LGBT centre of population to have legal safety in place of work. In many countries Transgender employee can be fired for their sexual orientation (Burns, 2017).
Discrimination in Job interrogation process:
Study shows in Europe many people of LGBT centre of population has complained that because of their sexual orientation they have to face high discrimination at job interviews.

Fear of bad comments keeps the LGBT centre of people in introvert at workplace:
LGBT group of people keep themselves introvert and they often do not share their identity because they think that sharing their originality may make their relation with their colleagues bad or they will not get the better opportunities due to their sexual orientation. They also fell that someone may bullied them by passing bad comments about their originality.
Non acceptance of LGBT centre of population at workplace:
Many of the skilled and competent LGBT employees leave their job because they do not feel the sense of support and respect from other employees and they feel left out at the work place, they feel like they are not the part of the organisations. Studies says that due to this most of the LGBT employees do not share their personal lives with their colleagues.
Transgender employees face more discrimination at the place of work in comparison to LBG employees:
Transgender employees face more mistreatment in comparison to the LBG employees at work place. They are being considered as unwanted in the place of work (Us commission, 2017).
Acts passed regarding workplace same sex discrimination in different countries.
While the advancement has been made in several countries by permitting same sex marriages still many lesbians, gays bisexual, transgender thinks that enlightening their sexual orientation will have pessimistic consequences. The key face up to for the LGBT centre of population is the recurrent persecution and inequity in the place of work. The figures for transgender employees are much higher for discrimination at workplace compare to lesbian, gays, and bisexual.
More than 14 countries have made laws against LGBT sexual discrimination at workplace through national statute. Countries that have enacted such laws are:-.Canada, Denmark, Finland, France, Iceland, Ireland, Israel, The Netherlands, New Zealand, Norway, Slovenia, South Africa, Sweden etc.
Let us see how different countries deal with sex discrimination differently:-
Canada
The human right act of Canada prohibits the Discrimination based on sexual orientation at workplace. This law extended to federally synchronized employers, property owners and services. Regional human right laws endow with guard based on sexual orientation in all Canadian regions other than Alberta, Newfoundland, and Prince Edward island.

Denmark
Penal code of Denmark have clause related to prohibition of discrimination based sexual orientation, public employment and private labour market are included in this.
Finland
Finnish penal code forbids the discriminatory action on sexual orientation, and it prohibits discrimination in hiring, pay scale, working environment.
France
Moers means ethical custom or lifestyle, and the discrimination based on all this s not permitted by French penal code. It also extended to positions in armed forces (WOlfe, 2017).
South Africa:
Constitution of South Africa has provided laws against sexual orientation discrimination.
Sweden:
Swedish government has not permitted same sex discrimination in commercial entities.
Let us know discuss some figures regarding same sex harassment in workplace
According to the figures of commission 2012, 1 out of 10 Australians have witness sexual harassment at workplace.
Bulk number LGBT who have witnessed harassment have taken some sort of action against such harassment.
Response to the complaint made by the victim was to listen their grievance and offering some kind of guidance to them.
The United States have made great moves to encourage gender equality and fair practises at work place in recent years.
Some Statistics of recent years can be shown in the following table:-

Kind of provocation

Practised(approx.)

observed

Verbal harassment

55%

65.2%

Physical contact harassment

31%

38.4%

Emotional harassment

54.5%

56%

Observation and surveys shows that anywhere in the world gay, lesbian, transgender face wide discrimination at the place of work. Percentage is around 17 to 45 % of the LGBT centre of people who have encountered such discrimination at the place of work.
More than 15k people have experienced sexual harassment at workplace. These cases are brought into notice by equal employment opportunity commission. These cases have been increased a lot in recent years.
Around 91% of the transgender have encountered mistreatment and bad behaviour with them at the place of work.
A firm has conducted one of the poll in recent years and the workers made revelations as such(figures are in approximation):-

More than 45% of gay and transgender employees have faced sexual harassment at workplace through terminations.
More than 29% of gay and transgender employees have faced sexual harassment at workplace by not getting promotions or by having the negative work appraisal.
Around 65% of the victims have taken no actions against such harassment.
Their supervisor harassed around 45% of the employees.
Their colleagues harassed around 15% of the employees.
Their junior employees harassed some of the employees around 8%.
About 43% of the gay, lesbian and transgender has been physically and orally ill-treated at place of work.

There are many other measures, which have been taken to prevent workplace from same sex discrimination these can be discussed as follows:-
Adoption of clear sexual orientation harassment policy which includes definition of sexual harassment, intolerance of sexual harassment guidelines, providing strong resolving for the harassment grievances, etc.

Training of the employees regarding discrimination based on sexual orientation at least once in every year will be very beneficial and it will provide clear understanding between employees regarding this issue. This in turn will prevent such discrimination acts.
Training of supervisors and managers is also essential regarding this issue so that they will get to know how to handle such issues at work place and how to provide proper resolution to the victim.

Sex discrimination supreme court case laws:
In 2016 Chavez v. Credit Nation Auto sales. L.L.C
Glenn v. Bumpy in the year 2011
In 2000 Rosa v. Parks W. Bank & Trust Co.
In 2016 Mickeys v. General electric company.
In the year 2016 Doe v. Ariz.
How to handle same sex discrimination at workplace.

There are many rules and regulation are made in workplace related to same sex discrimination at workplace. Victim of same sex discrimination can make complain to the ombudsperson or human resource department of the company or any authorise person who can look after these issues in a workplace. There will be a mechanism involve in any company to resolve this issue.

Even if the person did not get relief may file complaint to equal employment opportunity commission to get the relief against gender discrimination at workplace.
Conclusion
Same sex discrimination is a vital issue at workplace, it can lead to many complex situations at work, it can make the work culture dirty. To eliminate this many laws and acts have passed to rescue
Such situation but still it is faced by many victim till now. Nowadays companies are making strict laws regarding same sex discrimination, which has been helpful to resolve this great extent.

References
Wolfe, L. (2017).What is sexual discrimination. [online] Available at: https://www.thebalance.com/gender-sex-discrimination-examples-3515723 [Accessed 9th 2017].[1]
Workplace fairness. (2017).Sex discrimination. [online] Available at: https://www.workplacefairness.org/sexual-gender-discrimination [Accessed 9th 2017].[2]
Sexual harrasment. (2017). Discrimination at workplace. [online] Available at: https://www.sexualharassmentlawfirms.com/Sexual-Harassment-statistics.cfm [Accessed 9th 2017].[3]
Australian human rights commission. (2017). Sexual harassment. [online] Available at: https://www.humanrights.gov.au/sexual-harassment-information-employees [Accessed 9th 2017].[4]
US commission (2017).Sex based discrimination. [online] Available at: https://www.eeoc.gov/laws/types/sex.cfm [Accessed 9th 2017].[5]
The Body (2017). Sex discrimination. [online] Available at: https://www.thebody.com/content/art2432.html [Accessed 9th 2017].[6]
Burns, C. (2017). Gay and transgender. [online] Available at: https://www.americanprogress.org/issues/lgbt/news/2011/06/02/9872/gay-and-transgender-people-face-high-rates-of-workplace-discrimination-and-harassment/ [Accessed 9th 2017].[7]
Barreriro, S. (2017).Preventing sex discrimination . [online] Available at: https://www.nolo.com/legal-encyclopedia/preventing-sexual-harassment-workplace-29851.html [Accessed 9th 2017].

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