Mini Paper 1: Disparate Treatment Disparate Treatment is the intentional discrimination of individuals who have a disability or belong to a particular group based on their age, ethnicity, race, or sex (businessdictionary.com). The evidence may be blatant or circumstantial but in either case the employer has done so knowingly and deliberately. Listed below are the four factors that courts frequently require to establish a charge of disparate treatment: * The person belongs to a protected class. * The person applied for, and was qualified for, a job the employer was trying to fill. * The person was rejected despite being qualified.
1.2 Describe different working relationships in social care settings. Outcome 2 Understand the importance of working in ways that are agreed with the employer The learner can: 2.1 Describe why it is important to adhere to the agreed scope of the job role. 2.2 Outline what is meant by agreed ways of working. 2.3 Explain
to Date. 1.4 Explain factors to consider when selecting opportunities and activities for keeping knowledge and practice up to date. When considering and selecting the best resources, training and opportunities for keeping knowledge and practice up to date, it is important to take into account the individual needs of each employee, their backgrounds and the service/role they are employed to deliver. Skills for Care CPD framework has been developed to assist employers to ensure their employees are skilled to meet the ever changing social care arena. Each employee should be assisted to develop a Personal Profile as follows: • Linking job descriptions and person specifications to relevant national occupational standards and other competencies to provide a competence based profile of each worker role.
* The Americans with Disabilities Act of 1990 protects people with disabilities from wrongful employers. “The goal of the ADA is to give people with disabilities equal access to services, employment, telecommunications and public spaces” (Law, 2012, p. 1). This company is also in violation of this Act.
However, if it is proven their current practices are not an issue, they want to keep them in place. Disparate impact is defined as a theory of liability that prohibits an employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. Based on this definition and the statistical evidence shown through flow and concentration analysis, Tanlgewood’s hiring practices clearly have an adverse impact. Using the 4/5th ratio, there is a clear underutilization of minorities. The applicant flow sheet was very revealing.
Nevertheless, if a number of relatively minor separate incidents may add up to sexual harassment if the incidents affect your work environment. One case for example is Harris v. Forklift Systems, which created an objectively hostile or abusive work environment. The Supreme Court held that to be actionable the discriminatory conduct must be critical and
These may include the frequency of the discriminatory conduct, its harshness, whether it is physically threatening or humiliating, a mere offensive utterance, or whether it unreasonably interferes with an employee’s work performance. The Supreme Court clarified the latitude of actionable sexual harassment in 1998 in two landmark cases – Burlington Industries, Inc. v. Ellerth and Faragher v. city of Boca Raton. In Ellerth and Faragher, the Court established a new standard for establishing an employer’s vicarious liability for sexual harassment by a supervisor (Druhan, 2013). The inquiry begins with an examination of whether the complainant has suffered a “tangible employment action” in connection with gender-based, unwelcome conduct (Druhan, 2013). Sexual Harassment Policies The laws against sexual harassment are intended to protect employees from harassment by their superiors, colleagues, and patrons or clienteles, which an operative has to interact with in the workplace.
You will investigate the differences between a working relationship and a personal relationship, and consider the different working relationships to be encountered in social care settings. The unit examines the importance of adhering to the agreed scope of your job role and provides an understanding of what is meant by agreed ways of working. The importance of full and up-to-date details of these is emphasised in the unit. Partnership working is examined in detail, together with the skills and approaches to support you in resolving conflicts. The unit also examines how and when to access advice and support about working in partnership and the resolution of conflicts.
For example if someone was against Muslim dress code e.g. head dress, turban and they put a rule in place stating that no hats/scarfs allowed within the workplace this would be subtly suggesting that a Muslim is not able to work there without saying it in so many words. A lot of indirect judgements can be made during the interview process too, this is Covert Discrimination. In a simpler form it is when a condition is applied to everyone but really only intended for a minority. An example of Overt discrimination is if someone is saying in a job advertisement.. ‘ You cannot apply for this job if you’re are 45 years of age or over’ because this is suggesting that they are not capable or suited for the job and discriminating directly on this specific age group.
Understanding what is required for competence in own work role Duties and responsibilities of work role Responsibilities are governed by relevant legislation of the GSCC code of practice for support workers. The workplace policies and procedures are built around these legislations and code of practice, which in turns defines my job description. There are many responsibilities and duties of the work role and some include the following; contractual responsibilities, for example, hours of working, lines of reporting; Specific roles and responsibilities, for example, behaviour support, supporting any individuals that may have specific educational needs; compliance with policies and procedures of a setting, for example, behaviour, protection,