Gender Discrimination in Human Resource Management

Introduction

A prominent issue in the field of human resource management is the unequal job opportunities available to women in organizations — commonly described as gender discrimination in the workplace. This issue has been addressed by the United Nations and by various governmental and non-governmental organizations. However, even with governmental efforts, these measures do not fully resolve the problem, because it must ultimately be addressed at the organizational level. The consequences of discrimination are not limited to denying someone a job; over time, discriminatory practices affect the overall employment landscape and the productivity of organizations themselves.

Various forms of discrimination shown toward women can be examined by analyzing each human resource management function separately.

Discrimination on the Basis of Gender

Wages and salaries are the rewards given for the mental and physical work performed by a person in an organization over a period of time. In many cases, women are not paid equal salaries or wages simply because of their gender — a discriminatory practice. According to the Equal Pay Act 1970, women must receive the same pay as men when the work they perform is of equal value, or when they are employed on like work.

Many organizations do pay women according to the same salary and wage policies applied to men. Some organizations, such as P&G and Lever Brothers, also grant paid maternity leave when a woman is pregnant. However, other organizations fail to provide such provisions, holding the unfounded belief that women do not possess the same mental capabilities as men. This attitude contributes to women being placed at lower levels than their abilities warrant, receiving inadequate rewards, and consequently losing motivation — which in turn reduces their productivity.

The motivation theories of Herzberg and Maslow state that basic human needs must be fulfilled before social and esteem needs can be addressed. They distinguish between maintenance factors and motivational factors. These theories apply equally to men and women: the more an employer motivates a worker, the more efficiently that worker will perform. Although the specific needs of men and women may differ, both require motivation to work efficiently. A company that motivates its female employees alongside its male employees will benefit from the full productive capacity of its workforce. By contrast, a firm that demotivates women through unequal opportunities will find that those employees are neither productive nor efficient, knowing that their efforts will go unrewarded.

The laws governing dismissal apply equally to men and women. An employee may be dismissed for failing to meet performance standards, lacking required skills, being persistently unpunctual, or violating organizational rules and regulations. An employer cannot lawfully dismiss a female employee simply because she is pregnant. Many companies that have attempted to do so have found themselves without legal support, and substantial lawsuits have been filed against them as a result.

Women possess the same leadership qualities as men. Margaret Thatcher served as Prime Minister of the United Kingdom for several years — a clear demonstration that women are capable of leading at the highest levels. Women deserve equal legal rights and, where they have the ability and experience, equal opportunities to advance within an organization. Despite this, relatively few women hold directorships even today, notwithstanding the legal protections against discrimination that are in place.

During the recruitment of new employees, organizations must take care not to discriminate. Hiring decisions cannot legitimately be based on a candidate being male or on physical characteristics such as height. Job requirements demand skills, confidence, education, and experience — and candidates should be evaluated on these criteria alone. Some companies recruit women specifically to their marketing departments on the assumption that female employees will be more effective at winning clients. Retaining women in an organization for this purpose alone constitutes a form of harassment, and firms that engage in this practice may be subject to legal action.

Three pieces of legislation — the Sex Discrimination Act 1975, the Sex Discrimination Act 1986, and the Race Relations Act 1976 — make it illegal to discriminate in all aspects of employment, including job advertising, selection, terms of employment, promotion, training, dismissal, and retirement. Discrimination is defined as the less favorable treatment of a person by reason of sex, color, race, or ethnic or national origin. Employers are legally liable if their subordinates discriminate unlawfully.

Indirect discrimination is also unlawful. This occurs when a condition or requirement is applied to all employees or applicants regardless of sex or racial group, but a considerably smaller proportion of one sex or racial group is able to comply with it — unless the employer can demonstrate that the condition is justified. An example would be requiring candidates for a senior clerical post to be at least six feet tall. The Sex Discrimination Act also covers unfair discrimination against married persons.

Laws Against Discrimination in Employment

There are various mechanisms for addressing discrimination in the workplace.

1. Individual Complaint: A complaint of sex or racial discrimination in employment is made to an industrial tribunal within three months of the act complained of. A conciliation officer may be asked by both parties to help settle the matter without a tribunal hearing, or may intervene on their own initiative. If a settlement cannot be reached, the tribunal will hear the case. If it finds in favor of the complainant, it may award the following remedies:

a) An order declaring the rights of both parties;
b) An order requiring the respondent (the employer) to pay the complainant damages;
c) A recommendation that the respondent take a particular course of action within a specified timeframe.

Conclusion

Today, many companies have come to understand the meaning and consequences of discrimination and seek to avoid it at all costs. Many companies in the USA have been sued for large sums of money solely due to gender discrimination. Governments, too, have taken a firm stance, recognizing that all citizens — male or female — are equal and deserve equal opportunities. With the rising cost of living, women have entered the workforce in increasing numbers to support their families and provide their children with quality education. As a result, women are now visible across organizations in a wide variety of roles, reflecting the gradual, ongoing progress toward genuine workplace equality.