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Sample Article Review Paper on Discrimination Age Due Process

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Sample Article Review Paper on Discrimination Age Due Process

Discrimination Age Due Process

Due process seeks to provide protection to employees in courts of law proceedings. It serves to prevent employee discrimination based on attributes such as ethnicity and age. These prejudiced treatments include employee compensation schemes, promotion, and job placement. In the court’s ruling Richard A. Moore v. Muncie Police and fire merit commission, Moore, aged thirty six,  had applied for a job with the Indiana, Fire Department. Two years later, he received a provisional offer for hire with the commission (Glen, Straw, & Hamm, 2000). Upon the scrutiny of his qualification by the Muncie Firefighter’s Pension Board, it was discovered that he was above the minimum age of thirty-six to be placed in the pension funds membership.

The circumstance involved in this case is whether Moore, according to the age due process was suitable for the placement. The court ruling held that Moore did not have any property interest in securing employment with the pension fund. Under the Indiana law, the requirements of a fire fighters age of thirty-six did not forbade him from securing employment, since this law was only effective until 1994. Consequently, Moore had applied for the placement before attaining the age of thirty-six (Glen, Straw, & Hamm, 2000).

The main issue causing the conflict in the organization is the misinterpretation of facts surrounding Moore’s job application. The prevalence of age discrimination in pursuit of the Indiana law forbids Moore from securing a position with the Indiana department. (Glen, Straw, & Hamm, 2000). This case applies to various states employment legislations. The United States federal laws prohibit employment discrimination, including access to public resources, voting, and education. The Civil rights act protects the relationship between employers and employees. Under this Act, it is unconstitutional to bring an action against an employee for conflicting with the employment practices.

The main factors, which are the core source of discrimination, are the employment laws. Under the Indiana laws, a person above thirty-six years was not eligible for placement with the pension department. As a result, they were disallowed from taking top organizational positions (Glen, Straw, & Hamm, 2000). Some organizations have policies that inhibit persons of certain age group from seeking certain promotion opportunities. These organizations experience age struggle and conflict, which hinders goal attainment. Similarly, unfair job recruitment, compensation, and firing policies can influence class struggle in an organization. These include laying off an employee based on factors unrelated to job performance, lowering an employee compensation, and inequality in employee payments.

The outcome based on the decision of the trial court was that Moore failed to demonstrate that he had property interest in the future employment with the Muncie Fire department. The effect of this to organizations is sub-optimal goal attainment and class organizational struggle. Moore had filed a lawsuit to defend his eligibility for the pension funds appointment. According to a social survey by Miller and Frank (2012), discrimination is a source of employee demotivation and reduces an individual’s commitment to the organizational objectives. Employees who perceive unjust treatment at workplace are likely to file their grievances in law courts. These litigation expenses will lower an organizations financial performance.

To minimize the likelihood of employee discrimination and the associated evils, an organization should put in place policies that enhance equality at workplace. Irrespective of gender, race, nationality, sex or religion, employees should be give equal promotion opportunities, recruitment, and displinary measures (Miller & Frank, 2012). The organization should adhere to policies set by Labour laws and statutory provisions to prevent potential litigations.

 In Conclusion, the due process protects the rights of individuals against all discriminatory practices. In particular, it protects persons from biased treatment in acquisition of public resources, employment, and provision of education. The main issues that cause conflicts, such as age and racial differences should be solved through enactment of better organizational policies. Adherence to Labour and statutory provisions is important in minimizing this form of discrimination.

 

 

 

 

 

 

 

 

 

 

References

Glen, J. M., Straw, J. B., & Hamm, T. D. (2000). Archival holdings in eastern Indiana. The Indiana magazine of history, 284-301.

Miller, R., & Frank, C. (2012).The legal environment today: business in its ethical, regulatory, e-Commerce, and global setting. London: Cengage Learning.

 

 

 

 

 

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