Expert answer:Equal Rights Proposition Presentation
Expert answer:Create a 12- to 14-slide comprehensive presentation of your equal rights proposition using the presentation software approved in Week 3.Include the following:The issues, challenges, and opportunities experienced by this group in the labor forceHow society has constructed this group’s identityThe legal framework relating to this issueA summary of existing or proposed solutions of differing groups. Consider the U.S. Equal Employment Opportunity Commission, corporate human resource departments, state or federal laws and regulations, political strategies, government agencies, religious groups, and grass roots organizationsWhether or not this issue exists in other countries and if so, how it is handled by differing groups.Your team’s compromise or alternative to existing solutionsPresent your proposal in the software approved in Week 3.For Local Campus students, these are 10- to 15-minute oral presentations.For Online and Directed Study students, these are presentations with notes.Include at least five academic references in your research.Format your presentation speaker notes according to appropriate course-level APA guidelines.
soc315_team_assignment_w3.docx
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Equal Rights in the Workplace
SOC 315
Equal Rights in the Workplace
Introduction
In this assignment, our team will examine difficulties that people can face in the
workplace when being identified with a certain group. We will specifically be looking at migrant
workers and how they are treated unequally in the workplace. In this paper we will address 1) the
issues, challenges, and opportunities experienced by this group in the labor force, 2) How society
has constructed this group’s identity, 3) The legal framework relating to this issue, 4) Summarize
existing or proposed solutions while considering ideas from the EEOC, political strategies, and
government agencies, 5) Whether or not this issue exists in other countries, and how it is
handled, and 6) Our team’s compromise or alternative to existing solutions. This information will
be presented to a panel in the future, so we will briefly describe the organization, order, and
approach to your team’s presentation, as well as the mode of deliverance.
Issues, Challenges, and Opportunities
Migrant working can be dated back centuries, but in the United States, migrant working
became extremely prevalent in the southern states in the early 1900s with 10% of Mexico’s
populations crossing the border (Migrant Workers, 1996). After the Mexican-American War
among the states taken from Mexico, Arizona, California, Texas, and New Mexico were a few,
and had strong roots in agriculture, so when people of Mexico emigrated, many were taking jobs
working on farms picking fruit, vegetables, and tending to stables. They were seen as inferior,
given the lowest wages, condemnable living quarters, and more hazardous jobs. Some of these
issues are stilled prevalent today but have since improved. Now a significant challenge facing
migrant workers is the access to quality education. Children who have a variable status can be
denied or charge outrageous prices when attempting to go to a school where the family has no
reasonable means of funding (Barlett, 2015). This can cause a larger problem in the future as the
children age when they begin to interact more with society. Migrant workers can come from
educated backgrounds, and much like natives can have a high level of competence, but the lesser
skilled migrant workers are usually the ones chosen for jobs that require less skill (EurWORK,
2007). While being passed over is an issue for over-qualified migrant, this can be a beneficial
opportunity for both parties because it gives over-qualified migrants the opportunity to find
better jobs while the lesser skilled migrants are given the opportunity to work without needing a
secondary education diploma.
Societally Constructed Identity
Migrant workers are not the same as immigrants, but sometimes they both share
characteristics. Migrant workers can obtain nonimmigrant or work visas to be a documented
employee. In the United States, they are not seeking permanent resident like immigrants, but
both must go through a visa process, and occasionally fail to go through their respective
processes resulting in an illegal status. Immigration laws became important and required lawful
obedience for everyone who crossed borders into the United States. When cases of mass
deportation or company raids are brought to light, society begins to build on the already present
negative opinions towards immigrants. In 2015 a survey was done on the most common words
used to describe immigration, and among the top 10 were “Mexican,” “Burden,” “Work Ethic,”
and “Illegal” (Pew Research Center, 2015). Migrants are just temporary immigrants, so they get
pegged in the same umbrella, which is a juxtaposed description. Americans know that they are
hard workers and can have a good work ethic, but due to a company’s willingness to exploit their
situation, they become a liability.
Legal Issues About Migrant Workers
Many labor laws that are followed today also protect migrant workers. The Fair Labor
Standards Act requires employers to pay a minimum wage to all employees for every hour
worked and overtime pay for hours above 40. Many laws created for migrant worker were rooted
in agriculture since farm work was the most common position taken, so in 1983 the U.S.
Government created the Migrant and Seasonal Agricultural Worker Protection Act. This act does
not allow the creation or joining of unions or collective bargaining. It requires that all employers
provide contracts and increased safety regulations for transportation, housing, and other work
conditions. The INA and IRCA set standards for obtaining work visas and restricts a company’s
ability to hire undocumented migrants (Griffith, 2009). These are both good laws that tackle the
biggest problems of illegal employment and employment inequality to migrants and immigrants.
Proposed Solutions
One of the larger issues regarding migrant workers is their lack of equal pay.
Farmworkers are excluded from overtime pay, and no minimum wage is presented to farm
owners under federal law, and state laws are no better. Farm owners can pay their workers any
wage they see fit, which is significantly lower than minimum wage. A simple solution to equal
pay is for federal or state government to pass a policy that either matches the minimum wage
with no overtime or have pay close to restaurant servers while offering overtime on a capped
number of hours. Migrant workers also arrive in the U.S. in debt from transportation,
repatriation, nourishment, and other costs associated with migration. According to Mexico’s
Federal Labor Laws, Article 28 states the employer is to bare all those costs and take no
compensation out of the worker’s paycheck, paying the full salary. Many professors from
Berkeley College were interviewed and said they believe that if the United States were to
incorporate this in with their labor laws, it would help initiate the adjustment of labor laws and
pave the road toward fairer treatment (Chien, 2010).
Migrant Situation in China
China is a country whose economic market thrived on migrant workers. However, there
was a massive return of Chinese migrants that sparked a hukou system. With the hukou system,
the government determines whether a person or family will be working in a rural or urban
location. The issue with this system is that a person living in urban towns and cities will need to
earn wages to support that life. However, if they are chosen as a rural worker, they will live in
poverty and potential fall into unemployment because they can be fired whenever work is too
slow or not needed (Chan, 2010). Many migrant workers are low-skilled and lack education, so
the Chinese government decided to promote and share vocational training for rural migrant
workers. These training sessions along with other programs were supposed to develop workers
and potentially be able to transfer their new skills for new jobs or hold a position for longer time.
Though it seemed like a good idea and expected positive results, the livelihood projects set up by
the Chinese government were ultimately unsuccessful (Chan, 2010).
Possible Solutions
China had a good idea trying to educate their migrant workers, but it may not have been
effective. Researching their process and improving upon them can be one step toward integration
in the standard job market. Communal and mass education facilities can be created or filled and
used to support educating migrant workers as well as those that are underprivileged. If time
doesn’t want to be taken to give migrants the opportunity to find a more solid job, then changes
in the legislature must be made. Setting a minimum wage policy can be the start, but employers
of migrant workers also need to have an OSHA inspired work environment that promotes safe
and proper conditions.
Conclusion
The information put forth will be adjusted for a future presentation. A simple and easy to
follow PowerPoint will be a perfect medium to share information. The presentation will follow
closely with this paper starting with 1) the background of migrant workers, touching on 2)
experienced issues, challenges, and opportunities, 3) impact of legislature, 4) a comparison of the
migrant situation in the U.S. to that of other countries, and end with 5) examined solutions.
References
Chan, K. W. (2010). The global financial crisis and migrant workers in china. 34(3), 659-677.
doi:10.1111/j.1468-2427.2010.00987
Migrant Workers. (1996). In C. Phillips & A. Axelrod (Eds.), Encyclopedia of the American
West. New York: Macmillan Reference USA. Retrieved from Gale database.
L. Barlett, (2015). Access to Quality of Education for International Migrant Children. Education
for all Report. Retrieved from Unesco.org.
EurWORK, (2007). Employment and working conditions of migrant workers. European
Observatory of Working Life. Retrieved from https://www.eurofound.europa.eu/
Griffith, K. L. (2009). U.S. migrant worker law: The interstices of immigration law and labor
and employment law. Comparative Labor Law & Policy Journal, 31(1), 125.
Pew Research Center, (2015). U.S. Public Has Mixed Views of Immigrants and Immigration.
Hispanic Trends. Retrieved from University of Phoenix Library.
Chien, M. (2010). When Two Laws are Better than One: Protecting the Rights of Migrant
Workers. Berkeley Journal of International Law, 28(1), 15-63. Retrieved from University
Library
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