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Is it right for an employer to hire and pay more for individuals who are a national of certain country than other who have the same skill sets?

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تم إضافة السؤال من قبل Hisham Hashim , Business Development Manager , RAS SERVICES P.L.C
تاريخ النشر: 2015/11/28
Vinod Jetley
من قبل Vinod Jetley , Assistant General Manager , State Bank of India

Discrimination is the unfair treatment of an individual based on different characteristics such as age, race, or sex. Title VII of the Civil Rights Act of specifically addresses protection against discrimination in regard to employment, outlawing employment discrimination of an individual “because of such individual's race, color, religion, sex, or national origin”. With the passage of the Equal Employment Opportunity Act of, the Equal Employment Opportunity Commission regulates the compliance to Title VII of employers with fifteen or more employees. The EEOC investigates and, if deemed necessary, files suit against employers who face charges of discrimination. A brief overview of the forms of discrimination the EEOC investigates shows the advances in equal opportunity legislation over the years.

Age discrimination outlaws unfair treatment of individuals who are age forty or older. Discrimination practices may include excessive harassment of an individual or limiting an individual’s work opportunities based on their age. Disability discrimination policies protect individuals covered by the Americans with Disabilities Act or the Rehabilitation Act from unfair treatment. Policies require the employer to provide “reasonable accommodation” (example: wheelchair accessibility) for disabled individuals, unless the employer provides sufficient reasons for why changes would cause “undue hardship”.

Equal pay and compensation policies state that employers must provide men and women in the same workplace equal pay (this includes all types of salary) for equal work. Based on content, the jobs must be “substantially” equal, but not necessarily identical.

Genetic information (including family medical history) must remain confidential information. Employers are prohibited from discriminating against an individual based on genetic information or requiring the disclosure of genetic information.

National origin policies prohibit discrimination against an individual because of their real or assumed ethnicity, accent, or geographic roots. These policies also protect against discrimination toward individuals associated with people from particular national origins or groups.

 

Jyothis Kiran
من قبل Jyothis Kiran , Head of HR & Administration , HPES

Its completely upto the employer to pay the employees on certain bias...I am certain that you must have gone through this scenario, and you are completely disturbed...Boss!! Prove your capabilities, set targets, achieve it...if so, the employer would pay u anything to keep you happy and comfortable.

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من قبل مستخدم محذوف‎

To certain lengths i agree with the above answers and just to add

  • Discrimination constitutes unfair labor practice in most countries.
  • Normally unequal pay for equal work exists where there is Gender discrimination but for certain nationals perhaps a different form that hinges on different premises.
  • Performance evaluations can be the reason for that if everyone starts at same level and then change based on performance. The reason being the same skills set does not necessarily translate into performance.

i will give reference to the ILO convention No. -  Discrimination (Employment and Occupation) Convention, (No.) 

 

The grounds for discrimination that are listed in the Convention such as race, colour and national extraction also cover discrimination based on ethnicity or on belonging to an indigenous people. The Convention aims to eliminate discrimination and lack of equal opportunities in accessing work and employment experienced by indigenous workers due to the very fact that they belong to an indigenous people. The Convention also covers discrimination of indigenous peoples’ traditional occupations, such as pastoralism, shifting cultivation, hunting and gathering which are under pressure in many countries.

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