Explain the advantages and disadvantages of legislation relating to Essay

Explain the advantages and disadvantages of legislation relating to gender discrimination in the workplace - Essay Example In this case, managers may prefer assigning attractive women the role of marketing products while men are assigned technical, manual and production. Nevertheless, the paper will focus on discussing the advantages and disadvantages of legislation concerning gender discrimination in the work place. The legislation that relate to gender discrimination in the work place is the Title VII of the Civil Rights Act of 1964, where the federal law seeks to establish gender equality in the workplace (Docksey, 1984, 81). Furthermore, there are other laws such as the Equal Pay Act of 1963, the Pregnancy Discrimination Act of 1973 and Executive Order 11246, while the Violence Against Women Act of 1994 was established to deal with the federal criminal offences for violence against women. However, it has been subdivided into two federal district court cases, which are applicable in the employment setting to supervisors (Otten, 1993, 20). In addition, the Title VII and Equal Pay Act were enacted accor ding to Congress’s powers under the Commerce Clause of the U.S. ... Therefore, this has brought the question of the family commitments affecting the competence of a woman in her workplace, thus posing a significant challenge in deciding on employing a woman at work. Decisions of choosing an individual to accept work in a given occupation are a decision, which is influenced by the learned cultural and social values that are considered discriminatory to women. Nevertheless, the preferences are determined by learners gender related factors that stereotype occupations as either male or female (Miller & Budd, 1999, 17). Advantages One advantage of the legislation concerning discrimination of gender in the workplace relating to the Equal Pay Act of 1963, which focuses on discrimination on pay, whereby men and women should receive equal compensation (Aaron, 1993, 45). The other merit is that terms of the legislation are gender natural, whereby in a situation when a man is a plaintiff, and a women they are expected to show the difference in court, where eith er of them receives a lower pay than the other if they performed the same task for the same employer. The legislation also emphasises on the notion of "substantial equivalence,† which is depicted by equal effort, skills, responsibilities and working environment. However, the legislation relating to the issues of gender discrimination offers the defendant a chance justify the disparity, in a situation where the elements are established by the plaintiff. Therefore, the defendant justifies by seniority, merit quality or quality of production and other factors that are not related to gender (Rutter, 1997, 30). Employers are not given a chance to depend on subjective estimates; thus, they have to provide precise criteria that can be applied and communicated