Equal Employment Opportunity in the US and Hong Kong

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Table of Contents

Introduction
Expectations of Employers under Law
Examples of Reasonable Accommodations in Private Sectors
Sexual Identity
Comparing and Contrasting U.S Protections and Hong Kong
Conclusion
References

Introduction

Under American laws, employers must provide favorable accommodation expectations concerning disability and religion (ADA Amendments Act update, 2010). Generally, the Equal Employment Opportunity Act provides that no person should be discriminated in employment on the basis of his/her sexual orientation. However, this problem continues to thrive in most conservative societies. This paper will discuss the issue of accommodation for disability and religion. The paper will also discuss the issue of discrimination against sexual identity in the US in comparison to Hong Kong.

Expectations of Employers under Law

The term accommodation refers to any change in a work environment that allows a person with a disability or any other condition to accessing considerations or treatments that are similar to those offered to normal persons in employment. There are, however, three types of categories involving accommodation on disability, which include a modification that enables employee with a disability to enjoy equal benefits to other employees situated in the same environment, modification of a job application process that will enable a person with a disability to have equal chance to be considered in employment, modification of circumstance or work environment that will enable a person with a disability to perform his/her tasks without any difficulties (McDonald, 2005).

Additionally, there are various expectations under accommodation that people with a disability expect from their employers. First, the employee should be provided with privileges and opportunities that are similar to those normally provided to other employees in the organization. Secondly, he/she should be provided with effective accommodation that would enable him/her to meet his needs on a daily basis. Finally, the employee should have access to available equipment in workplaces to allow him/her to perform his/her duties effectively; for example, deaf or dumb persons should be provided with interpreters or qualified readers to assist them in their duties (Morales, 2007).

In law, all persons have a right to exercise the religious right of their own interest as long as such rights do not interfere with other denominations (Religious Discrimination, 2008). Therefore, an employer is required to provide all the necessary facilities that would enhance freedom of religious practice to all employees without any form of discrimination (Tips for Minimizing Lawsuit Risks, 2010).

Examples of Reasonable Accommodations in Private Sectors

In a private company called Human Development Council (HDC), John has a psychiatric problem, which does not affect his ability to perform various tasks. Cleaning activities are done on a monthly basis, and all employees keep changing floors, making it difficult for John to cope with the daily routine in the company. He asks his manager for reasonable accommodation and suggests to either be allowed to stay where he is currently for an indefinite time, stay for an extended time before moving to another floor, or acquire an office where he would be able to handle his activities permanently. All these accommodation options are reasonable since they help to solve the problem that hinders his ability to perform well at work.

Abdi is based at a leading private company that manufactures soaps and cooking oil. The policy of the firm requires all employees to rest on Sundays and national holidays. Owing to the fact that he is a Muslim, his religion requires him to attend a mosque on Fridays at noon. He provides his instructor with two options so that his activities do not interfere with his religion; to extend his working hours on Fridays or to allow him to come very early in the morning to start his routine. Both accommodations are reasonable and effective since they do not affect his job.

Sexual Identity

Sexual identity discrimination refers to the process where an individual is treated differently based on his/her perceived sexual identity. Whether gay, lesbian, heterosexual, or bisexual, it is illegal to discriminate persons based on their sexual orientation or identity. Over the past years, the US government has implemented various laws and policies to govern such cases. Although there are some cases of open discrimination against gays and lesbians (Tilcsik, 2011), almost half of states in the US prohibit discrimination of gays and lesbians both in private and public companies.

Comparing and Contrasting U.S Protections and Hong Kong

Despite heightened efforts to eliminate discrimination based on sexual identity, most conservative countries in Asia have not fully bought the idea and still perceive the vice as immoral and unacceptable to human society. In Hong Kong, laws are still unclear on the protection of employees in the private sector on the basis of sexual orientation (Lau & Stotzer, 2010). Generally, society regards gays and lesbians as outcast members of society. As a result, the government continues to drag its feet to implement laws that prohibit gays and lesbians from being discriminated against, especially in employment. In the last few years, the US has been criticizing countries, especially in Asian, based on how they handle gays and lesbians.

Conclusion

Accommodation is important legislation under ADA that allows employers to provide a proper working environment to people with disability as well as people of different religions. It is also worth noting that sexual identity has been one area where discrimination has thrived. Nevertheless, laws should be enforced to ensure nobody is victimised or discriminated on basis of sexual orientation in modern world.

References

ADA Amendments Act update: issues HR professionals must know. (2010). HR Focus, 87(5), 12-15.

Lau, H., & Stotzer, R. (2010). Employment Discrimination Based on Sexual Orientation: A Hong Kong Study. Employee Responsibilities and Rights Journal, 23(1), 17-35.

McDonald, J. (2005). I Want a Nicer Boss. Employee Relations Law Journal, 31(2), 79-88.

Morales, G. (2007). EEOC guidance on workers with care giving responsibilities. Practical Lawyer, 53(6), 17-19.

Religious Discrimination. (2008). EEOC Compliance Manual. Web.

Tilcsik, A. (2011). Pride and prejudice: Employment discrimination against openly gay men in the United States. American Journal of Sociology, 117(1), 586–626.

Tips for Minimizing Lawsuit Risks. (2010). HR Focus, 87(3), 2.

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