SOC 280 Preventing Discrimination and Is Responsible For The Creation Of This Organization
SOC 280 Preventing Discrimination and Is Responsible For The Creation Of This Organization
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How Does Society Deal With Inequality
Examine the website: http://www.eeoc.gov/
Write a 1- to 2-page paper in APA format that answers the following questions:
How does this website relate to what you read this week? Make sure to explain the purpose of the organizationâ€s website. You may want to look at the About EEOC page. Copying from the page will not be tolerated.
What does this site allow someone to do? How does someone do this? What ways are there of doing this?
For which types of discrimination can someone file a complaint?
Do you think having this site online and accessible to anyone is a good thing? Why or why not?
Do you think you might use a site like this if the situation arose? Why or why not?
According to the site, which U.S. law or act is responsible for preventing discrimination and is responsible for the creation of this organization?
The ultimate responsibility for maintaining an environment free from discrimination and harassment rests with employers, housing providers, service providers and other responsible parties covered by the Code. It is not acceptable to choose to stay unaware of discrimination or harassment of a person with a disability, whether or not a human rights claim has been made.
Organizations and institutions operating in Ontario have a legal duty to take steps to prevent and respond to breaches of the Code. Employers, housing providers, service providers and other responsible parties must make sure they maintain accessible, inclusive, discrimination-free and harassment-free environments that respect human rights.
Employers, housing providers, service providers and other responsible parties violate the Code where they directly or indirectly, intentionally or unintentionally infringe the Code, or where they authorize, condone or adopt behaviour that is contrary to the Code.
Under section 46.3 of the Code, a corporation, trade union or occupational association, unincorporated association or employers’ organization will be held responsible for discrimination, including acts or omissions, committed by employees or agents in the course of their employment. This is known as vicarious liability. Simply put, it is the OHRC’s position that an organization is responsible for discrimination that occurs through the acts of its employees or agents, whether or not it had any knowledge of, participation in, or control over these actions.
Example: Staff in a group home refuse to investigate a tenant’s allegation that another tenant is discriminating against her based on her sex and disability. The organization operating the group home would be responsible and potentially liable for condoning discrimination and not responding to this allegation.
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SOC 280 Preventing Discrimination and Is Responsible For The Creation Of This Organization
Vicarious liability does not apply to breaches of the sections of the Code dealing with harassment. However, since the existence of a poisoned environment is a form of discrimination, when harassment amounts to or results in a poisoned environment, vicarious liability is restored.[286] Further, in these cases the “organic theory of corporate liability” may apply. This means that an organization may be liable for acts of harassment carried out by its employees if it can be proven that management was aware of the harassment, or the harasser is shown to be part of the management or “directing mind” of the organization.[287]
The decisions, acts or omissions of an employee will engage the liability of the organization in harassment cases where:
the employee who is part of the “directing mind” engages in harassment or inappropriate behaviour that is contrary to the Code, or
the employee who is part of the “directing mind” does not respond adequately
to harassment or inappropriate behaviour he or she is aware of, or ought reasonably to be aware of.
In general, managers and central decision-makers in an organization are part of the “directing mind.” In employment, employees with only supervisory authority may also be part of the “directing mind” if they function, or are seen to function, as representatives of the organization. Even non-supervisors may be considered to be part of the “directing mind” if they have de facto supervisory authority or have significant responsibility for the guidance of others. For example, a member of the bargaining unit who is a lead hand may be considered to be part of the “directing mind” of an organization.
There is also a clear human rights duty not to condone or further a discriminatory act that has already happened. To do so would extend or continue the life of the initial discriminatory act. This duty extends to people who, while not the main actors, are drawn into a discriminatory situation through contractual relations or in other ways.[288]
Depending on the circumstances, employers, housing providers, service providers and other responsible parties may be held liable for failing to respond to the actions of third parties (such as service users or customers, contractors, etc.) who engage in discriminatory or harassing behaviour.[289]
Multiple organizations may be held jointly liable where they all contribute to discrimination. For example, a union may be held jointly liable with an employer where it has contributed towards discriminatory workplace policies or actions – for example, by negotiating discriminatory terms in a collective agreement, or blocking an appropriate accommodation, or failing to take steps to address a harassing or poisoned workplace environment.[290]
Human rights decision-makers often find organizations liable, and assess damages, based on the organization’s failure to respond appropriately to address discrimination and harassment. [291]
Example: A man with cerebral palsy alleged that he was subjected on two occasions to insults and negative treatment by staff and other customers at a bar in his neighbourhood who believed he was drunk. He brought the issue to the attention of the bar manager and explained that his disability caused him to slur his words, regardless of how much alcohol he had consumed. The manager told him it wasn’t “a big deal” and that he should “lighten up” about it. The situation worsened and the man stopped going to the bar. By not investigating and addressing the man’s complaints of harassment, the bar failed to uphold its legal obligations and could be liable under the Code.
An organization may respond to complaints about individual instances of discrimination or harassment, but they may still be found to have not responded appropriately if the underlying problem is not resolved. There may be a poisoned environment, or an organizational culture that condones discrimination, despite punishing the individual perpetrators. In these cases, organizations must take further steps, such as training and education, to better address the problem.
SOC 280 Preventing Discrimination and Is Responsible For The Creation Of This Organization ESSAY
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