The paper 'Protection of Equal Employment Opportunities in China and the USA' is a perfect example of a Management Essay. Equal employment opportunity (EEO) is largely viewed as a means of preventing discrimination at the workplace (Ricucci, 2003). The idea behind laws and policies that aim to provide EEO, is to ensure that there is minimal to no discrimination against an employee or potential employee in a certain working environments (Edelman, 1992). There are those that suggest that equal employment opportunity/ affirmative action law is perhaps the most important legal encroachment on employer’ s prerogative, in the most legitimate manner (Ivancevich, 2008).
The idea remains to limit employer’ s ability to perpetuate social advantage or disadvantages through employment opportunities-in doing so, it threatens, to constrain traditional managerial prerogatives to choose freely whom to hire, fire and promote (Fritz and Kleiner, 2007). Equal Employment Opportunity law is considered to be passive largely within the statute books of the United States, given the fact that it requires employers to refrain from discriminating against protected-class members (i. e. those that were designated for protection by the specific EEO legislation).
Affirmative action, however, requires employers to take positive steps toward employing, promoting and retaining qualified women, people of color, and other protected class people (Agó cs and Burr, 1996). Not only would this help in rectifying past and present discrimination, but would help in the creation of representative bureaucracy-government bureaucracies that are demographically representative of the general populations they serve (Radford, 1997). Difference between the USA and China-The systems One would have to remember when comparing, the dual nature of protection against discrimination in employment opportunities that much of the differences that exist would automatically be manifestations of long term differences in the socio-political structures that define the USA and China respectively.
the United States of America is a democracy, in the purest and probably the truest sense of the word. it is also a country that in a de facto manner follows the rites of a laissez-faire free-market economy, where much of decision making falls within the exclusive domain of the private players. China, on the other hand, is a communist country, the lone survivor in fact, of the erstwhile Red Bloc. This means, in essence, that trade in the Chinese domain is a property of, and is dominated by the state and in turn then the Communist Party of China.
one would also at this point have to allow for the basic differences that characterize the Chinese and the US manner of thought and process. The idea is that in China, given the Communist-Socialist ideology defining the country and its economic institutions, there is an e facto trend that veers toward the protection of individual rights when it comes to employment opportunities, especially in light of the fact that the state owns industry and the purpose of the state is to bring the society increasingly into the situation which is characterized by equality (Hunter, Lam, and Lin.
2008). In the USA, on the other hand, the state is a mere regulator, one that exists to ensure that things run smoothly and not to ensure equality in society. The idea governing society in the United States, at least in theory, is that there is a difference in terms of ability and in terms of merit and that these differences need to be respected.
The fact that much of the industry is owned by private players means that the industry has the right to choose who they wish to employ and who they wish to reject. The fact that the USA is a democracy that protects EEO, has meant that much of the discrimination based sex today is more covert and subtle and hence more difficult to point out (Bennington, 2006).
Ricucci, J., (2003). ‘Equal employment opportunity and affirmative Action’. In Rabin, J., Eds. Encyclopedia of public administration and public policy, Volume 1. Policy Press. p489
Edelman, L. B., (1992). ‘Legal Ambiguity and Symbolic Structures: Organizational Mediation of Civil Rights Law’. American Journal of Sociology. 97(6). Pp1531-1576
Hunter, C., Lam, L., and Lin. K., (2008). Employment law in China. Wolter Kluworth. Pp268-270
International Labor Office. (2004). Achieving equal employment opportunities for people with disabilities. ILO Publishing. p11
Brown, R. C., (2006). China's Employment Discrimination Laws During Economic Transition. 19 COLUM. Journal of Asian law. Vol. 362
Orife, J. N., and Chaubey, M. D., (2001). ‘Models of Equal Employment Opportunity: A Three-Nation Comparison’. Journal of African Business. 2(3). Pp93-113
Houston, K., and Lammers, H. B., (2010). ‘Perceptions of the Effect of Public Policy on Employment Opportunities for Individuals Who Are Deaf or Hard of Hearing’. Journal of Disability Policy Studies. 21(1). pp 9-21
Purpura, P., (2007). Security and Loss Prevention: An Introduction. Butterworth-Heinemann, p112
Zeng, X., (2007). ‘Enforcing Equal Employment Opportunities in China’. U. PA. Journal of Labor and Employment law. 9(4). Pp992-1025
Xin, T., (2008). ‘Women's Labor Activism in China’. Signs Journal. Spring 2008. pp515-518
Cooke, F. G., (2001). ‘Equal Opportunity? The role legislation and public policies in women’s employment in China’. Women in Management Review. 16(7). Pp334-348
Cooke, F. L., (2005). ‘Women's Managerial Careers in China in a Period of Reform’. Asia Pacific Business Review. 11(2). pp149–162.
Cooke, F. L., (2003). ‘Equal opportunity? Women’s managerial careers in governmental organizations in China’. Int. J. of Human Resource Management. 14(2). Pp318-333
Granrose, C. S., (2007). ‘Gender differences in career perceptions in the People’s Republic of China’. Career Development International. 12(1).. pp. 9-22
Cooke, F.L. (2006) ‘Informal employment and gender implications in China: the nature of work and employment relations in the community services sector’, International Journal of Human Resource Management. 17 (8), pp 1471–1487.
Ivancevich, J. (2008) Human Resource Management, McGraw-Hill Irwin, Boston, 10th Edition, Chapter 3: ‘Equal Employment Opportunity: Legal Aspects of HRM’.
Adams et. Al., (2007). ‘Gender differences in CEO compensation: evidence from the USA’. Women in Management Review. 22 (3). pp. 208-224.
Bennington, L., (2006). ‘HRM Role in EEO: Sheep in Shepherd's Clothing?’ Journal of Business Ethics. 65(1). Pp13-21
Metcalf, B. D., and Woodhams, C., (2008). ‘Critical perspectives in diversity and equality management’. Gender in Management: An International Journal. 23 (6). pp. 377-381
Fritz, S., and Kleiner, B. H., (2007). ‘EEOC: Guidleines that employers must know’. Equal Opportunities International. 19(6/7). Pp53-56
Agócs, C., and Burr, C., (1996). ‘Employment equity, affirmative action and managing diversity: assessing the differences’. International Journal of Manpower. 17(4/5). Pp30-
Radford, M. (1997) ‘The Affirmative Action Debate’ in B. Kaufman (ed), Government Regulation of the Employment Relationship, IR Research Association, Madison, pp. 343-68.