Discrimination IN Employment
EQUAL PROTECTION...
Overview - Constitutional, federal, and state statutes prohibit discriminatory practices in employment on the basis of sex, race, age, color, or religion. A significant number of federal statutes have been enacted specifically to address discrimination in employment. The equal protection clause of the Fourteenth Amendment provides protection against group discrimination and unfair treatment. It is used as a vehicle for individuals who seek relief from various forms of discrimination (Essex, 2012, p.224).
Due Process - Due process of law includes four aspects: procedural, substantive as well as the Vagueness Test and the Presumption Test. These tests are applied by the courts in addressing various forms of discrimination. For example, the Vagueness Test protects those who allege discrimination from arbitrary or capricious acts by the employer. Laws or policies are considered vague if a person of common intelligence has to guess at their meaning. The degree of vagueness allowed by the U.S. Constitution is contingent on the nature of the legislation and the consequences that follow. Laws involving substantive due process are held to higher standards than those addressing less important penalties (Essex, 2012, p.224).
Presumptive Test - The presumption test essentially presumes innocence until proven guilty. This concept is basic to the U.S. system of justice. Presumption of innocence is embedded in several provisions to the U.S. Constitution, such as the right to remain silent and the right to a jury. In addition, this test supports the view that a legal basis is essential to restricting or depriving an individual of his or her constitutional rights (Essex, 2012, p.225).
DUE PROCESS STANDARDS AND EMPLOYMENT DISCRIMINATION
Overview - Constitutional, federal, and state statutes prohibit discriminatory practices in employment on the basis of sex, race, age, color, or religion. A significant number of federal statutes have been enacted specifically to address discrimination in employment. The equal protection clause of the Fourteenth Amendment provides protection against group discrimination and unfair treatment. It is used as a vehicle for individuals who seek relief from various forms of discrimination (Essex, 2012, p.224).
Due Process - Due process of law includes four aspects: procedural, substantive as well as the Vagueness Test and the Presumption Test. These tests are applied by the courts in addressing various forms of discrimination. For example, the Vagueness Test protects those who allege discrimination from arbitrary or capricious acts by the employer. Laws or policies are considered vague if a person of common intelligence has to guess at their meaning. The degree of vagueness allowed by the U.S. Constitution is contingent on the nature of the legislation and the consequences that follow. Laws involving substantive due process are held to higher standards than those addressing less important penalties (Essex, 2012, p.224).
Presumptive Test - The presumption test essentially presumes innocence until proven guilty. This concept is basic to the U.S. system of justice. Presumption of innocence is embedded in several provisions to the U.S. Constitution, such as the right to remain silent and the right to a jury. In addition, this test supports the view that a legal basis is essential to restricting or depriving an individual of his or her constitutional rights (Essex, 2012, p.225).
DUE PROCESS STANDARDS AND EMPLOYMENT DISCRIMINATION
Due Process - Courts have historically relied on a three-level balancing test to determine procedural due process: first, the test may be applied to determine whether a person is actually entitled to a hearing before action is taken; second, the test may also be used to determine if pre- or post-deprivation is necessary; and third, the test may be used to determine the standard and level of proof needed to deprive an individual (Essex, 2012, p.225).
Discrimination - Under the law of discrimination, for example, a teacher or administrator must demonstrate that he or she has made application for a position, is qualified for the position, and was not given fair consideration for the position. If the teacher or administrator is able to demonstrate a bona fide case of discrimination, then the burden shifts to the school district to demonstrate that its employment decision was not based on discriminatory practices (Essex, 2012, p.226).
Qualifications for Employment - Any individual with a disability is qualified for employment under the ADA, if with or without reasonable accommodations he or she can perform the core functions of the employment position held or desired to be held. Core job functions are not those that are considered marginal but, rather, those that are essential to successfully execute designated tasks. The act prohibits any individual with a disability to be denied a job on the basis of not being able to meet physical or mental tasks that are not essential to perform the desired job tasks. Employers, therefore, must make reasonable accommodations to any known physical or mental impairment of an otherwise qualified individual who has disabilities (Essex, 2012, p.231).
Related Scripture - "So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets" (Matthew 7:12 ESV).
Scriptural Significance - Very simply, if we judge others with unfair discriminatory practices, we will be judged accordingly in the eyes of the Lord. Our path should lie in another direction, whereby, we shun negative discriminatory actions and strive to act in a manner that our Savior has taught us.
Leadership Significance - Leaders should be the last group of people to accept any kind of discriminatory function that is unlawful or unjust. If a person is qualified, then there should not be any other roadblocks to that person's employment. If individual biases show up during the consideration process then they need to be ignored and shelved, permanently.
Discrimination - Under the law of discrimination, for example, a teacher or administrator must demonstrate that he or she has made application for a position, is qualified for the position, and was not given fair consideration for the position. If the teacher or administrator is able to demonstrate a bona fide case of discrimination, then the burden shifts to the school district to demonstrate that its employment decision was not based on discriminatory practices (Essex, 2012, p.226).
Qualifications for Employment - Any individual with a disability is qualified for employment under the ADA, if with or without reasonable accommodations he or she can perform the core functions of the employment position held or desired to be held. Core job functions are not those that are considered marginal but, rather, those that are essential to successfully execute designated tasks. The act prohibits any individual with a disability to be denied a job on the basis of not being able to meet physical or mental tasks that are not essential to perform the desired job tasks. Employers, therefore, must make reasonable accommodations to any known physical or mental impairment of an otherwise qualified individual who has disabilities (Essex, 2012, p.231).
Related Scripture - "So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets" (Matthew 7:12 ESV).
Scriptural Significance - Very simply, if we judge others with unfair discriminatory practices, we will be judged accordingly in the eyes of the Lord. Our path should lie in another direction, whereby, we shun negative discriminatory actions and strive to act in a manner that our Savior has taught us.
Leadership Significance - Leaders should be the last group of people to accept any kind of discriminatory function that is unlawful or unjust. If a person is qualified, then there should not be any other roadblocks to that person's employment. If individual biases show up during the consideration process then they need to be ignored and shelved, permanently.