As a consultant by Apex Retailers, the role of the firm I represent is to scrutinize the business case that is concerned with ensuring all the laws that pertain the protection of the employees are part of anti-discriminatory laws advocated for by the federal government. They are also to prohibit discrimination of workers based on any other element that could form a ground for such. This includes evaluating the human resource functions and their proficiency in balancing federal and state laws, performing due diligence for recruits and preventing litigation due to events of negligence. During the first quarter of the year 2025, the U.S. Supreme Court recently declared all laws prohibiting discrimination in the workplace unconstitutional for various reasons. However, the Supreme Court invited employers to voluntarily adopt policies and procedures prohibiting any and all forms of discrimination in the workplace. It also made clear that employers could adopt hiring practices to diversify their workforces provided such practices did not include express preferences based upon immutable characteristics, all on a voluntary basis.
One of the measures the firm will undertake is aligning policies with the Equal Employment Opportunity Commission (2014) and eliminate any discriminatory recruitment processes among ethnic minorities. The first federal law against discrimination is Title VII of the Civil Rights Act of 1964. Its various sections state that discrimination on the basis of elements such as religion, gender, citizenship, color, and race, except if any other above qualifies for BFOQ exceptions. The second is the Equal Pay Act of 1963 also referred to as the EPA. This law offers protection to both genders who perform tasks in the same category in the workplace. The final major federal law against discrimination is the Age Discrimination in Employment Act of 1967 also commonly known as ADEA, which protects individuals who are 40 years of age or older from the termination of contracts based on their seniority. This essay will examine the benefits and costs of prohibiting discrimination in the workplace through federal laws, tailored policies adopted during hiring and promotion. It will also outline the ethical considerations of not voluntarily prohibiting the forms of discrimination regulations listed above. The author will include recommendations for Apex Retailers on how to create diversity in the workplace, based on case examples of retailers that have benefited from diversification, along with a few pertinent considerations that the management and executive panel must examine prior to pursuing any action through the human resource office.
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The initial benefits and costs of prohibiting discrimination include reduced expenses incurred by the organization in the form of remedial fees. In event that discrimination is found in the workplace, remedies are claimed through attorney fees, expert witness charges, and court costs. Donohue argues that the costs of discrimination outweigh the preferences that rigid organizations restrict themselves to in his economic perspective of the actual cost of segregation in America (1989). Discrimination against women has substantially reduced over the decades and is expected to sustain this trend, with emerging cases of abuse and harassment becoming increasingly aired by the media. That in itself compels organizations to engage in ethical behavior to manage customer goodwill and endorsements, which are costly to sustain once trust is lost through negative publicity.
There are numerous benefits to upholding laws that are not covered through federal laws against discrimination, which, in addition to the laws mentioned beforehand include Title I and Title V of the Americans with Disabilities Act of 1990. The ADA was later amended and prevents employment discrimination against qualified individuals with distinct disabilities in different work spheres such as the private section and institutions under the state as well as government levels. Sections 501, as well as 505 of the Rehabilitation Act, prohibits the discrimination of persons with different types of disabilities who work for the federal government. It was passed in 1973. Title II of the Genetic Information Non-discrimination Act also referred to as GINA, which has prohibited employment discrimination regarding information classified as genetic either for an immediate, an applicant or former employee.In addition to the above laws, the Civil Rights Act, which, among other things, provides monetary damages in cases of intentional employment discrimination. It has been effect since 1991.
Firms that actively treat all employees fairly, provide mentors, and create opportunities for evaluation are likely to succeed at a faster rate than those that restrict their relationships to legal limits. The reason for this is the perceived bureaucracy that is seen in firms that do not create conducive work environments. Managerial tools such as mentors, evaluation processes and fair treatment incentives and plans are important in the age of globalization, currently witnessed. Individuals from different social and economic backgrounds increasingly collaborate to create winning economic solutions and individual prosperity. Chrobot-Mason and Aramovich (2013) confirmed this in their study, which illustrated that despite diversity is a double-edged sword; it is also a powerful weapon in competitive advantage. When they interviewed over 1,700 respondents, they found that the perceived access to equal opportunities through training was a major motivator among professional men and women. Workplace diversity increases productivity. The study also proves that more customers’ needs are met faster as a result of high morale, increasing efficiency and effectiveness so response times are shortened. The retail business is competitive and this is one way in which ethical approaches to diversity can lead to success.
Teamwork ensures that acquires skills in language, acceptable cultural behavior and job skills are shared when competitiveness is not unfair. Policies such as the Common Rule of 1991 also ensure that ethical rulemaking and following is set as a standard among retailers. Other sources of standards include the Belmont Report of 1979 and Retail law pertaining to the treatment of employees, in accordance with RILA – Retail Industry Leaders Association. In addition to its core mandate of leveling the playing field for all retailers in the market, the professional body also promotes fair treatment of individuals working for these retailers. It liaises with the Department of Labor and the National Labor Relations Board for those working in the private sector and compelled to pursue legal support and unionization (Bronfenbrenner, 1997).
The considerations retailers need to address include informed consent of employees regarding the nature of the work that should be undertaken and highlight harm, potential benefits, legal restrictions, and historical background on the nature of transactions. Accuracy considerations must be made, and ensure that omission and falsification of information are avoided in the firm, especially with the information availed by customers through online transactions. In conclusion, the retailer should adopt hiring and promotion practices designed to diversify the workplace because the active benefits surrounding intellectual property right protection, job security and business sustainability come into play.
By making the workplace strong through diversity and inclusion, a retail business gains higher levels of community acceptance. There are fewer problems during the process of hiring for the retailer that chooses to pursue diversity, such as the approach utilized by Whole Foods Incorporated. The Citizen-Consumer concept that the organization promoted resounds with communities globally – including Africa where raw produce is obtained at reasonably low cost.
References
Arango-Lasprilla, J. C., Ketchum, J. M., Hurley, J., Getachew, A., & Gary, K. W. (2014). Allegation of ethnic minorities from 1993–2008: An equal employment opportunity commission (EEOC) study. Work , 47 (2), 267-279.
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. ILR Review , 50 (2), 195-212.
Chrobot-Mason, D., & Aramovich, N. P. (2013). The psychological benefits of creating an affirming climate for workplace diversity. Group & Organization Management , 38 (6), 659-689.
Donohue, J. J. (1989). Prohibiting sex discrimination in the workplace: An economic perspective. The University of Chicago Law Review , 56 (4), 1337-1368.
Johnston, J. (2008). The citizen-consumer hybrid: ideological tensions and the case of Whole Foods Market. Theory and Society , 37 (3), 229-270.
