Take Home Test
The news article by Lu (2015) summarizes a case of discrimination by Canadian pilots who are using their union to prevent the employment of foreign pilots. Employee discrimination is a serious violation of the international human rights and privileges. The concept of employment discrimination refers to any form of discrimination in terms of race, sex, or religion among others. In this case, the Canadian pilots perpetrated discrimination in terms of national l origin (Besley & Payne, 2013). Apart from the case of the Canadian pilots, there are have been reported numerous cases of discrimination across the world. For instance, in South Africa, mine owners only hires black employees as they demands for lower wages. To deal with the issue, the majority white people pleaded with the government to enact laws that restricted the rights of the blacks to work.
Considering the alarming rates of discrimination, the government should internet to offer fairness and equity in the society. Most importantly, the government should enact stricter laws to prevent any form of discrimination in the society. In the U.S, the citizens were highly affected by discrimination. After the enactment of the Civil Rights Act of 1964, the level of employment discrimination reduced significantly. In addition, any U. S employer who engages in discrimination faces stricter punishment as well as jail term. According to Lu (2015), Hudicourt could face some employee discrimination charges from Sunwing Airlines. It is admirable that Sunwing has stood firm on his decision hire foreign pilots on its temporary basis program. The program is critical to the need to inject diversity in order to the workplace. Diversity brings about innovation and cooperation among the employees from different backgrounds and races. The lack of diversity in the employee markets reduces the quality of potential candidates due to the minimal competition.
There are exists various implications of the discrimination both at the workplace and in the society. Firstly, discrimination leads to a poor work atmosphere. Unlike the arguments by the Canadian pilots that there are qualified Canadian pilots to take part in the temporary program, they would lead to adverse results in the company. Today, the workplace should be characterized with multicultural diversity in which all the employees are treated fairly. The lack of diverse employees creates monotony in the workplace that leads to demoralization of the employees. The employment programs should be meant to employee’s people irrespective of their nationality. Most importantly, employment discrimination could lead to overconfidence of the existing employees in the company. This hampers teamwork and cooperation and thus, affecting the smooth functioning of the organization. A study by Lu (2015) indicated that firms experienced lower job motivation and satisfaction when there was reported cases of discrimination.
Employment discrimination also leads to loss of productivity. This is because such discriminatory events lead to the loss of time and focus. It is important to understand that discrimination does not only affect the victims, but usually takes lead in the company’s meetings (Shapiro, 2012). The time and resources used in discussion employee discrimination and instituting alternative measures could have been used in promoting performance of the organization. Similarly, the loss of morale leads to reduced productivity.
Moreover, employee discrimination has significant implications on the societal and moral values of the country. The federal and state governments are required to support diversity in the workplace. Any campaigns against diversity in the employees question the morals and ethical values of the people. This could also translate to increased unemployment rates, since some companies may be willing to succumb to the pressure from the interested groups. For example, Sunwing was committed to his goal of promoting diversity in its workplace in spite of the threats from the Canadian union of pilots. If the union had remained quiet, Sunwing might have eventually reverted to employing Canadian pilots in the temporary. However, the bad image of employee discrimination created by the union led to the Sunwing protesting against employing the Canadian pilots (Lu, 2015). In such instances, the government faces the threats of increased unemployment rates in the society. Most importantly, the employee discrimination claims lead to the adverse implications that questioned the Canadian’s government to uphold the human rights on discrimination.
Hudicourt also faces possible litigation expenses. When Sunwing decides to take the matter to the court, Hudicourt will incur increased associated with ligation of the discrimination claims. Some of the costs including the expenses of investigating the cases, lawyer fees, and time lost away from productive work to offer testimony in the legal proceedings. For instances, such litigations may be lengthy and complex. This leads to more time wastage for Hudicourt as well as the loss of money for the Union (Dipboye & Colella, 2013). Apart from the litigation costs, there are punitive and compensatory damages that could imposed on them, if they failed to win the case. Based on the facts, Hudicourt does not have any chance of winning the case.
In addition, Hudicourt faces imminent sanctions and penalties on the violations of international provisions on employee discrimination. If the laws prohibit any form of discrimination, it would be illegal to support discrimination of certain group of people in the society. The Canadian Union of pilots could lose their credibility and reputation as the representatives. Since, their claims preventing foreign pilots working in Canada is outrageous and immoral (Shapiro, 2012). The employee discrimination instances leads to the loss of finances for the parties involved. Therefore, these explain some of the possible implications of employee discrimination of foreigners by the Canadian pilots.
Besley, T., & Payne, A. A. (2013). Implementation of anti-discrimination policy: Does judicial selection matter?. American law and economics review, 15(1), 212-251.
Dipboye, R. L., & Colella, A. (2013). Discrimination at work: The psychological and organizational bases. London, UK: Psychology Press.
Lu, V. (2015, May 4). Pilots want airlines to curb use of temporary foreign workers. Canada: The Canadian Press.
Shapiro, J. E. (2012). Employee benefits law: The hidden gap enabling sexual orientation Discrimination in Employment. Cardozo JL & Gender, 19, 511.