Discrimination / Harassment (area of Employment Law)

[Your Name]
[Instructor Name]
[Course Number]
[Date]Discrimination and Harassment in Employment Law
Discrimination and Harassment
Discrimination is the unethical and illegal practice of treatment of an individual in an alternate manner as others. Discrimination is often based on the intrinsic and highly flawed concept that divergence of a person determines their treatment. In this respect, various forms of discrimination, which comprise, Disability, Age, Genetic Information, National Origin, Race/Color, Harassment, Equal Pay/Compensation, Religion, Sex, Retaliation, exist (Eisenstadt and Boles 38). Harassment refers to a type of discrimination in which unwelcome conduct is offered to a person due to their differences in religion, race or another discernible attribute (Sargeant 62). In this regard, harassment may comprise of any action that may result in the deplorable alteration of the workplace. As such, any acts of harassment including one employee to another should subsequently be followed up by a disciplinary action of equal measure to the action itself. Harassment law is lacking in that employment cannot conclusively describe all actions which can be construed as an act of harassment (Sturm 26). In turn, this provides a loophole or a vagary which can be exploited by employers who seek to act in a discriminatory manner towards those they deem fit. It also does not provide enough protection for the employee who seeks to speak out, especially against their employers who are usually in places of power.

The harassment clause of the employment law should be structured in such a manner as ensures employee safety against cases of firing for an unjust cause, or the alteration of the workplace in such a way that would be considered hostile.
Disciplinary Procedures
According to employment law, any and all employers are mandated to include within the company policy, the disciplinary procedures to be employed if an employee undertakes actions deemed against the regulations of the organization (Rohsangheon 74). The policy, in turn, ought to be readily available to all employees of the entity. Consequently, the disciplinary procedures should include a reference person to speak with in the event that any employee does not agree with the disciplinary steps or conclusions arrived. Every disciplinary process needs to comprise of the following measures; a formal letter is charting out the issue, followed by the meeting between the company representatives, and the employee who has committed the offense (Clarke 46). During this meeting, the employee presents their case as well as the company after which a disciplinary decision arrives. The employee is then required to comply with the disciplinary action or is provided an option to appeal the matter. Disciplinary procedures are lacking in that they do not specify of the fact that the reference person should be a third party, separate of the company. In doing so, one will not be complaining about a company to the same company, which would otherwise not provide a solution to anything.
Proposed Research Methodology
The research on both choices will be employed by the use of a thorough desk study, which will comprise the evaluation and analysis of printed law materials. They include journals, books, or even articles concerning employment law. To arrive at more up to date findings, it is also necessary to conduct scrutiny of law libraries such as https://www.eeoc.gov/laws/types. In this respect, the research will comprise the identification of the existent facts of employment law and a comparison with the current business environments to ascertain whether they are still fully effective, or have some areas in which they are lacking.

Works Cited
Clarke, L. “Harassment, Sexual Harassment, And The Employment Equality (SexDiscrimination) Regulations 2005”. Industrial Law Journal 35.2 (2006): 161-178. Web.
Eisenstadt, Leora F. and Jeffrey R. Boles. “Intent and Liability in Employment Discrimination.” American Business Law Journal 53.4 (2016): 607-675. Web.
Rohsangheon. “Legal Issues of The Employment Discrimination Law And DiscriminationRemedy System.” Seoul Law Review 20.3 (2013): 37-77. Web.
Sargeant, M. “The Employment Equality (Age) Regulations 2006: A Legitimization of AgeDiscrimination in Employment”. Industrial Law Journal 35.3 (2006): 209-227. Web.
Sturm, Susan. “Second Generation Employment Discrimination: A Structural Approach.” Columbia Law Review 101.3 (2001): 458. Web.