The Discrimination of Nonnative Speakers in the Workplace Essay Example for Free

The Discrimination of Nonnative Speakers in the Workplace EssayMaria, an employee of Latino decent looks she was below the belt eliminated for a promotion because of her distinct parlance she has filed a complaint alleging the company has engaged in antiblack practices. EvaluationMaria is a good employee plainly is often loud and aggressive in her advancement to co-workers and supervisors. The employee record shows there were problems with tardiness and attendance and twice supervisors for these infractions arouse counseled her. Maria has pointed out that she is the do itly Latino, person of colouring material and woman in her incision and states a supervisor stated she was non promoted because he fe ared clients would have cark understanding her accent. Maria has been with the company for ten years and in her current position for s change surface. She holds a potash alum degree and rubrics her low evaluations reflect a built in bias by her white mannish supervis ors. disdain the fact that Alex, who too holds a graduate degree, has less time with the company, he had better feat evaluations than Maria and was offered the promotion.The company is admitting that Marias accent was a factor in their decision only claim it they did not discriminate against Maria by not offering her the promotion related to her accent alone. The company also states that clear communication was an essential component of the job in question, but was it the only component needed. What does Maria do well that could have superseded this essential component? The company whitethorn have thought they were not discriminating against Maria but by acknowledging and then stating she was not being promoted only based on the trouble of understanding her accent, the company has and then engaged in discriminatory practices and I feel Maria may have a valid argument, and end against her employer.Latinos in AmericaDespite several decades of legislation and policies designed to eliminate unfair treatment, unfortunately individual and institutional discrimination legato exist today (Pavalko, Mossakowski, Hamilton, 2013, p. 27-28). The traditional focus of psychological research on preconceived idea and discrimination has been on black-white relations while research on the prejudice and discrimination of Latinos has been astonishingly rare (Dovidio, Gluszek, John, Ditlmann, Lagunes, 2010, p.60). A analyze of articles on discrimination and prejudice in collar of the leading social psychology journals revealed that sixty-one portion of articles focused on blacks whereas only seven percent of the articles focused on Latino discrimination and prejudice (Dovidio et al., 2010, p. 60).As of 2011, there were fifty million Hispanic people living in the United States score for sixteen percent of the nations total population. African American individuals living in the United States floored for forty three million people living in the United States therefore p eople of Hispanic line of reasoning account for the nations largest ethnic or race minority living in the United States (United States Census Bureau, 2014, Table 1). Although Latinos top an average of $6,000 dollars, more(prenominal) than blacks a year Latinos are still earning on average $15,000 less a year then ovalbumins (Dovidio et al., 2010, p. 60). When it comes to educational attainment for those over twenty-five years of age 30.5% of whites, 17.3% of blacks and 12.5% of Latinos hold a bachelors degree or higher (Dovidio et al., 2010, p. 60).As a registered nurse, I was shocked to get word that of all the registered nurses in the United States only 1.7% are of Latino decent (Moceri, 2012, 1). Upon reading this data I started paying attention to not only my unit but to others within the hospital, we have one Latino nurse out of twenty who work on my floor but inquiring of other floors, they indeed had no Latino nurses employed. This was quite shocking as I work in a inte mperately Latino populated area therefore caring for this population. Greater racial and ethnic miscellanea in the health professions would promote patient-provider relationships (Moceri, 2012, 1). I feel this to be true where I am employed as a registered nurse, our demographic of patient wouldbe better served if we had a higher inclusion of Latino nurses because they may be able to relate better to people like themselves.National Origin, Accents and the LawAlthough employers generally feel justified in denying immigrants business based on the call for of their businesses, immigrants have regularly filed discriminating lawsuits against these companies since the 1980s under Title sevener of the Civil Rights Act of 1964, which protects immigrants from being discriminated against based on their subject root word (Texas Law Review, 20xx, p. 1496). Title VII has been used to litigate against employers who institute English-only rules as non-native English immigrants equate this t o national origin discrimination (Texas Law review, 20XX, p. 1496). It seems that under the civil rights act of 1964, these individuals would have a legitimate claim of discrimination but despite the strong links, courts rarely rule in favor of the plaintiffs in these cases. The courts discovery that there is not significant harm caused to the plaintiff or sufficient business reasons were laid aside by the employer as reasons to justify its decision (Texas Law Review, 20xx, p. 1496)Title VII statesIt shall be an unlawful employment practice for an employer (1) To fail or refuse to hire or to discharge any individual, or other to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals national origin or (2) To limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adver sely affect his berth as an employee, because of such individualsnational origin (Texas Law Review, 20xx, p.1497). The problem with article VII is the term, National Origin and its broad interpretation. The Supreme Court examined national origin in 1973 court case Espinoza vs Farah Manufacturing and found national origin on its face refers to the country where a person was born, or more broadly, the country from which his or her ancestors came (Texas Law Review, 20xx p.1497).Because this is still broad in its interpretation, the Equal Employment Opportunity fit (EEOC) defined national originas the denial of equal employment probability because of an individuals, or his or her ancestors place of origin (Texas Law Review, 20xx, p. 1497). Clearly, there is a lot of debate and even more interpretation on what national origin means in the court of law, perhaps this needs a definite clarification to stop perceptions of what individuals think it means. Attorneys are word wizards and if there is not a clear definition of what these two words means they allow twist, overturn and manipulate them, which in turn may end up harming their plaintiffs chances of victory.Diversity PlanningIf I were an executive of Marias Company, I would realize the first stop into stopping future litigation of the same nature is to research and protrude a strategic mixed bag plan. Prior to the development of the diversity department current employees will be gathered where management will explain how important diversity is to the company and it will be found a new diversity team. The first step in this project is to appoint a diversity manager to serve over a diversity committee that is made up various members with connections to the federations different residential district groups and organizations. This ensures the company has networking opportunities in order to recruit a wide concoction of top shelf minority expectations for employment for a diverse work force within the com pany. one time the workforce becomes more diverse, employees will visually see others like them instead of seeing them and then the Caucasian men who are their superiors. Not only will employees know how important a culturally diverse workforce is to the company, so will the outside community. The company will promote, advertise and market specifically to the community groups and organizations that promote minorities from African Americans, Latino, Women, Mexican American, Muslims, etc. All groups will be recognized as a crucial cultural group to the success of not only the newly created diversity team but to the company and community itself.All company employees will have the ability to attend monthly diversity meetings where they can bring ideas to the table when it comes to recruitment, employment, questions or concerns. The company will also have a complete open door policy to discuss any concerns, from possiblemistreatment to harassment there will be no repercussions for any em ployee bringing a concern to the committee for addressing. If a complaint is made, there will be a strict twenty four to forty eight hour period in which the initial complaint will be investigated and dealt with. The diversity team will then act fittingly and upon terminus, will alert the complainant of the findings. The diversity team will include a trained go-between in situations where both parties must come together to work out differences and come to an agreed upon disaster plan thats main goal is to make a cohesive work environment.To ensure rightfulness and justice promotions are to be granted thru the utilization of stringent parameters. Time with the company and disciplinary actions are viewed as a first step in the candidates process however, they will not be the only factor. The company will view each candidates strengths subsequently identical each to the positions requirements to find the best very fit for the position. Once the best match on radical is founded fa ce-to-face interviews will be conducted that will include a standard set of questions for each candidate to answer, based upon the positions requirements.Although the questions do not include right nor wrong answer it will be up to one person from the human resource department and one individual from the human resource department to ultimately come to an agreement on the best fit for the company. Once the decision is made the employee whose tote up and in person interview did not warrant the promotion will receive a elaborated letter with the factors that did not warrant a promotion at this time. This employee will also have the opportunity to work with both the diversity committee (despite the individuals ethnicity) and the human resource department to reform substandard criteria that will better serve them for future promotions.ConclusionPapers should end with a conclusion or summary. The assignment directions will specify which is required. It should be concise and contain lit tle or no detail. No matter how much space is left on the page, the references always start on a separate page (insert a page break).ReferencesUnited States Census Bureau. (2014). Annual Estimates of the ResidentPopulation by Sex, Race Alone or in Combination, and Hispanic Origin for the United States, States, and Counties April 1, 2010 to July 1, 2013. Retrieved from http//factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk