Workplace discrimination, which is an unfair practice, can occur in a number of situations such as pregnancy discrimination, religious issues, gender bias, discrimination against people with disabilities, as well as different national origins. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original EssayAs women, pregnancy is part of identity for them who have reproductive capabilities. Therefore, pregnant women should not be discriminated against especially during work. You may be aware that discriminatory practices often occur in hiring, job assignment, promotion, firing, compensation and harassment. Although Malaysia has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and added the word "gender" to Article 8(2) of the Federal Constitution to prohibit discrimination, yet to the day 'Cases of discrimination still occur today. Refers to the Beatrice A/P case In the case of Fernandez v Sistem Penerbangan Malaysia & Ors, Beatrice was an air hostess for the Malaysian Airlines System. According to the collective agreement, all hostesses will have to resign once they become pregnant. Beatrice refused to resign when she became pregnant and was fired from Sistem Penerbangan Malaysia. She filed a lawsuit in the High Court and Court of Appeal, arguing that the collective agreement was discriminatory against pregnant workers and therefore breached Article 8 of the Federal Constitution of Malaysia. This is a case where the Court of Appeal has decided that it is best to dismiss the appellant's application at this stage (Court of Appeal) to avoid her needlessly incurring further legal costs, as the court noted that Article 8 (1) applies only to individuals under the law and the collective agreement was governed by private law, therefore Article 8 could not be applied in this case. Another case is Noorfadilla Binti Ahmad Saikin vs Chayed Bin Basirun and others. This case concerned a person who had accepted an offer to become a temporary teacher at a state school. The moment her employer learned she was pregnant, she rescinded the job offer. Noorfadilla has appealed to court seeking interest, damages and costs. The parties sued included the official, the federal government, the Minister of Education and the Director General of Education. According to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), this case includes direct discrimination using pregnancy to prevent women from working and indirect discrimination whereby men and women are not treated equally. same way. From the two cases we can see that there is a law that can guarantee equality for everyone, but in some circumstances, problems of discrimination between men and women can still exist in our modern society. Employers are required to handle pregnancy appropriately as discrimination based on pregnancy is illegal. The dress code is a set of applications established by the company to help provide its employees with guidance on proper enforcement and the responsibility lies with employers in establishing the standard.' A fair dress code in the workplace could protect employees from discrimination by establishing a work culture and adaptation to the work environment. Some employers are required to adopt a company dress code due to health and safety standards. However, the employers ofworkplace should ensure that their dress codes are not discriminatory towards any employee. There was an instance where the Malaysian Association of Hotels (MAH) defended some hotels' policy of banning frontline staff from wearing hijab or headscarves and said that this is an international practice that follows a standard operating procedure and policy. The argument raised was more discriminatory and there is no in international standard operating procedure which dissuade Muslim women from imposing hijab. There is no connection between the hijab ban and an employee's ability to do their job competently and effectively. Therefore, the wearing of hijab has no relationship with the employee's job performance. Being a multiracial country with citizens professing different religious beliefs, freedom of religion is part of the fundamental rights under Article 11 of the Federal Constitution, which states that “every person has the right to profess and practice his religion”. However, one of the sportswear retailers, JD Sports Malaysia, store supervisor, was found to be prohibiting Muslim employees from praying and the store supervisor was fired. The retailer immediately apologized and clarified that it was treating the matter seriously and respecting all forms of religious and cultural beliefs. Referring to an article reported in FMT news, Malaysian Employers' Federation (MEF) executive director Datuk Hj Shamsuddin Bardan said that “Muslim employees should not consider fulfilling their religious requirements as a constraint to do their jobs, while employers should adopt some form of flexibility.” He also suggested that Muslim employees should compensate for the time spent on prayer by extending their working hours while the employer should be more flexible in allowing employees to have lunch at later times so that they can pray during working hours lunch. It is illegal for employers to discriminate based on an individual's religious beliefs and customs, as long as this does not result in undue negative consequences for the employer. Discrimination against women is classified as gender discrimination. If a company does not guarantee equal opportunities to its employees, it commits gender discrimination. This is unfair and unequal treatment in job opportunities especially through a woman. Job opportunities include promotions, pay raises, decision making, project participation, benefits, and pay differentials. Furthermore, transgender people are also targets of gender discrimination in the workplace. Nowadays, the success of women in various professional fields is no longer in doubt, as their ability to compete with men has been proven. However, some organizations still do not enjoy the full trust of women, as they are considered weak due to negative gender perceptions and also incapable of being as much of a leader as men. This leads to women not being given an opportunity for promotion especially when working in technical fields. Gender discrimination not only affects employee productivity, but also mental peace of mind, quality of work life, domestic relationships and the workplace. Hora (2014) stated that women have not only been denied higher leadership positions but also prevented from availing higher education which will make them more developed in terms of skills and will also provide them with a lot of experience in learning and performing. application of the decision-making processmanagerial. methods, help them build their self-confidence in holding and controlling leadership positions. According to data from the Department of Statistics Malaysia, 2018, it was reported that the labor force participation rate (LFPR) for women was recorded as 55.2% and for men as 80.4%. Across all age groups, the male labor force participation rate is even higher than the female one. In addition to this, employers will be prohibited, on the basis of gender discrimination, from paying wages to men and women with the same qualifications, responsibilities, skill level and position. They will also prohibit reducing the salary of one gender in order to equalize pay between men and women. Discrimination against persons with disabilities (PWD) is not a new problem in society. Discrimination is an ongoing challenge that all people with disabilities encounter and hope to overcome. (40) The right to work has fundamental significance for all people, regardless of whether they are a normal person or a normal person has a disability. The ability to obtain a job allows a person to improve their individual economic status, self-esteem, social participation and the acquisition of knowledge and skills. Unfortunately, people with disabilities were facing unemployment, which becomes a global problem nowadays. In Malaysia, the government enacted the Persons with Disabilities Act 2008 to ensure equal opportunities and diversity in the workforce for people with disabilities. According to the Malaysian Persons with Disabilities Act 2008 (Act 685), “persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society". ”. People with disabilities wanting to actively participate in the workforce is beneficial to both individuals and society. With the Persons with Disabilities Act of 2008, equal employment opportunities for people with disabilities could improve their quality of life, allow them to integrate into society, thus contributing to feelings of self-esteem and self-confidence. Furthermore, being able to work and support themselves and their families would give them a sense of self-sufficiency. In fact, in Malaysia, the percentage of people with disabilities in the workforce is significantly lower than that of people without disabilities. There are seven categories of disabilities: hearing impairments, vision impairments, speech impairments, learning disabilities, physical disabilities, mental disabilities and multiple disabilities. There are few companies or businesses that have employed people with disabilities as employees, including Starbucks Malaysia, Autism Café Project, McDonald's Malaysia, Giant Hypermarkets, Kentucky Fried Chicken (KFC), Dialogue in the Dark, AEON Malaysia and so on. Nowadays, many employers are still afraid to hire people with disabilities in their organization and do not have the opportunity to apply for any job vacancy. Although there are many regulations that people with disabilities should be given equal opportunities to be employed in an organisation, they often still face significant barriers in employment, such as lack of employer understanding of the needs of employees with disabilities where the workplace is not available. people with disabilities, employers and co-workers having difficulty understanding their needs and feelings, which could slow down a project, communication problems between disabled and non-disabled employees, especially people with disabilities.
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