Equal Employment Opportunity In Malaysia: Laws, Discrimination, Affirmative Action, And Diversity

Concept of equal employment opportunity (EEO)

Equal employment opportunity is an employment process that used by the organizations for offering the competitive and healthy working environment legally and ethically. The aim of this practice is to overcome the level of discrimination and create equal opportunities for people for employment. There are various laws are developed and implemented for managing such issues and maintain the smooth process of recruitment, hiring, promotion and offering the training and benefits to the employees. Apart from that, affirmative action refers to the policy that helps the racial minorities and woman to get the job. This policy is design and developed to counter discrimination against minority groups to maintain equal opportunities for them. The current report will explain the concept of Equal Employment Opportunities (EEO) in Malaysia and identify the laws that affecting these employment opportunities. The report will also discuss the types of discrimination and adverse impact on the EEO. Moreover, the report will define and discuss the affirmative action and explain why Malaysia is using this policy. In the end, the report will describe the concept of diversity and examine the various elements of the diverse workforce. Additionally, it will provide the critical arguments for the development of multicultural workforce at the organization.

Concept of equal employment opportunity (EEO)

In the early 1960s, the Civil rights Act entitled the discrimination among employees on the basis of protected classes as a federal crime. The equal employment opportunity or EEO is basically a right provided to the job applicant throughout a hiring process. The law is not just focused with hiring and firing process but also involves the policies for harassment, promotions, getting training and wages specifically. It is mainly referred to the protection against the discrimination based on the religion, race, sex and nationalities provided to the job candidates.  It is important for the state, federal and local entities along with employment agencies to abide by the standards strictly (Pedriana and Stryker, 2017, pp.86-135). The concept also covers the employees against the discrimination for pay, benefits, promotion or discharge.  The equal employment opportunity provides with the equal access to all the training, jobs and promotional opportunities. It serves with the similar benefits and services to each and every candidate. The human resource implements the policies and practices consistently to the applicants and staff.

 The EEO concepts do not differentiate between the applicants or the employees according to the nationalities, race, sex, mental or physical disability, marital status or age.  It is even considered to be the set of policies and laws which requires the rights and equal opportunities of individual at workplace against the discrimination. In other words, the EEO hinders the employment discrimination at the workplaces and provides the candidates or employees with appropriate rights. It has been commonly seen that every workplace includes people coming from diversified religions, cultural and social backgrounds (Leibbrandt and List, 2018, pp.15-18). These diversities might give rise to the discrimination acts based their differences, regardless of the facts that many of the economies had enacted the regulations to restrain from its occurrence. It is essential for the HRM professionals to ensure that the employment decisions are been made on the basis of who is best qualified rather than the differences.

Laws affecting EEO in Malaysia

The governmental authorities of Malaysia had initiated to address the law against inequality in both public and private sectors. The establishment of equal employment opportunity enables to ensure the fairness and address the excessive discrimination in case of the abuses by any dominant groups (Burton, 2017. pp. 157-164). The practices generally do not aims to extract the equal results but seeks to make sure that all the job applicants or employees gets equal opportunity or getting engaged in the labour market. Moreover, the emergence of the concept of equal employment opportunity had proved to be beneficial to the great extent.

 The EEO compliance had led towards the mutual trust and understanding between the employees and the employers at the workplaces. It even helps in reducing the workplace conflicts as EEO practise enforces the fair and equal treatments of the candidates or employees at the workplaces. Another substantial benefit of the EEO practices includes the minimization of fees for the legal expenses and the related cost incurred in defending the employment actions (Connolly Jr, Connolly and Feinstein, 2018, pp. 20-25). It is also observed that the ensuring the compliance of EEO practices helps the employers in boosting the trust and goodwill among the employees and making the workplaces more productive.

The Malaysian governmental authorities had initiated to reduce the discrimination acts over the workplaces and make sure to provide the candidates or employees with the equal opportunities in their fields.  There are immense numbers of law being imposed into the human resources areas to be practiced and abide to avoid any of the discriminations (Fauzi, 2018, pp. 10-12). The job applicants or employees are provided with the rights out of the laws so that to stand against the unwanted practices of discrimination. Following are the laws that affect the equal employment opportunity in Malaysia:

Employment Act 1995: The act includes the regulations that the diversified genders of employees working in similar situations and at same locations must be paid similar remunerations. The law mainly enforces the human resources to provide the employees with equal pay rights and do not discriminate the candidates based on gender.  However, the unequal pay is been granted in some specific situations such as merit, seniority and other quality parameters (Landau and Cooke, 2017, p. 30-35).  It is been considered that Employment Act, 1955 is the most important piece of legislation for Malaysian employees. Moreover, this act is usually applicable to the employees whose wages do not exceed RM2000.

Types of discrimination and adverse impact on EEO

Title VII of the Civil Rights Act of 1964, amended in 1972: This act had led a great impact over the EEO practices and had made the workplaces more productive. The act considers the discrimination of any employee in its employment in terms of privileges, hiring, compensating firing and retributions as illegal. An equal employment opportunity commission had been created so that to monitor the practices more effectively.  However, this act does not cover the aspects such as merit systems, seniority, bone fide employment and testing and educational requirements at the workplace (Cavico and Mujtaba, 2017, pp.670-691). It is been also identified that the act protects the applicants or employees from discrimination in the activities such as hiring, promotions, training, wages or benefits, harassments and other employment terms and conditions.

Age Discrimination in Employment Act (ADEA) of1967:  The Malaysian authorities had initiated to eradicate the acts of discrimination based on age of employees seeking retirements or other related plans between the ages 40 to 65 years old.  The policies even had some additions like Minimum Retirement Age Bill 2012, Pension Act 1980, Pensions Adjustment Act 1980 Statutory and Local Authorities Pension Act 1980. The authorities have amended the act and had included the age to eat least 40 to 70 lying under these acts (Cobb, 2017, p. 25-28).

Persons with Disabilities Act 2008: The human resources departments of Malaysian organizations are strictly instructed to abide by this act as it prohibits the discrimination of qualified individual on the basis of disability (Wahab and Ayub, 2017. pp. 217-232).  It is been ensured that no biasness is been performed within the hiring practices leading to rejection of the candidate based on any kind of disability.

Equal pay Act 1963, amended in 1972: This act is the amendment of the fair labor standards Act and mainly prohibits the employer from discriminating the employees on the basis of gender. It forbids the employer to pay the employee of one sex less money than the employee working in similar condition of another sex. The act has been passed with the intention to ensure equal opportunity and equality of employees at the workplace regardless of any gender. For instance, the Hotel Hilton of Malaysia ensures to include the same wage rate of the both the male and female employee employed in same working conditions (Sloane-White, 2018, pp.89-116). Moreover, the act include four exceptions which allows unequal pays for equal work like merit system, seniority system, the system based on the earnings by quality and quantity of the production and any relevant factor other than sex.

Affirmative action policies in Malaysia

Ensuring the laws and practices requires specific authorities who hold the responsibility of making those laws effective and useful. It is very important for the authorities to make sure that the laws or regulations are been abide by every individual having an impact of the policies. In respect to the equal employment opportunities in Malaysia, there is a huge list of responsible who look after the legal regulations and ensures to meet its requirements as well. Every state and territory acquires separate administered court system and tribunal supervising these laws.  The employees have the rights to make use of the federal court and tribunal system in any of the territory or state specifically (Ashe and Nazroo, 2017, p. 45-52).  Considering the consequences and criticality of the equal employment opportunity, each and every sector is believed to be responsible to ensure the practices.

The major responsible authorities ensuring EEO are identified as the government, employer, employee or the society.  The governmental authorities such as EEO commission, Human Rights Commission of Malaysia, Federal Constitution, EEO tribunal, Ministry of Labour and Employment, Labour Department, Malaysian Employers’ Federation, Malaysian Trades Union and other concerned departments are liable to look after the EEO regulation.  These departments and authorities ensures that the human resources in Malaysian organizations are adapting the laws making sure that no breaches are been conducted over the same (Mohamad-Yusof, Wickramasinghe and Zaman, 2018, p. 35-45). It is been observed that EEO commission implies specific penalties over the offenses conducted against the law leading any discriminations at the workplace. The Federal government of Malaysia is much concerned towards the protection of employee rights and ensures to provide them with the equal opportunities regardless of any unethical conducts.

In addition to this, the employers are also considered to be responsible for ensuring the EEO practice at their levels and establish healthy work environment. It is essential for the authorities that they comply with the regulations and follow the same while carrying out hiring or recruitment processes. For instance, It is the duty of the human resource manager of Hotel Hilton to ensure that no discrimination is been practiced within the recruitment or any other activities (Cheung, Baum and Hsueh, 2018 pp.1468-1485). The employers requires to make additions of the legal practices in their clause so that to avoid any kind of offenses to the equal employment opportunity policies. Along with this, the employees or general society is also meant to be responsible for ensuring equal employment opportunity by acquiring sufficient knowledge about their rights towards the employment practices.  Having adequate understanding and knowledge about the rights and the regulations would make the employees more aware about the acts.

Importance of diversity in the workplace

 It would help them avoid any of the illegal or discrimination practices during their recruitment or throughout the working periods at the workplace (Player and Sperino, 2017.p. 50-55). In many cases of discrimination, it is been observed that the employees are not aware about their rights and the acts formulated against the illicit practices which leads them to undergo bad experiences at the workplace or in different cases related to employment.

The discrimination in terms of employment is been found in two major forms such as disparate impact and disparate treatment. The disparate treatment is been mainly defined as the discrimination in which the employees are treated less favorably than others by the employers due to their sex, religion, color or nationalities. The employers might be held responsible if the treatment is been caused by the discriminatory motives rather than the genuine reasons. It has been seen that the employers could be found liable depending on the intents to discriminate is at the issue (McLaughlin, 2018, p. 10-15). In other words, the disparate treatment is a claim of discrimination in which the victim or employee complains to have been treated differently as compared to other in same situations.  For instance, it has been found that nearly about 40% of the women reports to be treated differently at the workplaces due to either pregnancies and their personalities or complexions as compared to others. The disparate treatment is usually a common element of demonstrating the employment discrimination (Chambers, 2017, p.141).

 The disparate treatment is found in case the employers make only the African applicants to appear for pre test employment assessment test and not the Malaysian citizens. Moreover, in order to complain for the discrimination, it requires for the individual to provide with the adequate evidences to the court that there is at least the appearance of the disparate treatments at the workplace. The employer in return must then defend the actions by providing the reasonable evidences and the non discriminatory reasons for the act specifically (Evans, A., 2018.p. 32-35). It is been found that the disparate treatment claims are mainly classified among three types such as termination, failure to hire and the terms and conditions of employment. Thus, the employees are been regulated with the legal system to avoid the disparate treatment claims and practice discrimination at the workplaces.

On the contrary to this, the disparate impact is been defined as an adverse impact of the standards or practices which is natural and non discriminatory in the intents but however, unduly affects the individual having any disability or belongs to a specific group of race, sex, age or ethnicity.  It basically occurs when the policies, actions or terms and conditions of the processes of the employers unintentionally results in the discrimination against the people of protected class (Chouldechova, 2017, pp.153-163). In other words, it is a legal doctrine which affirms that a policy could be considered as discriminatory if it laid an adverse impact over the specific protected class i.e. based on color, race, sex and religion. It is very important to ensure that any of the action or practice do not impacts the candidate in negative aspects and make it feel discriminated out of the acts. The disparate impact occurs in case of one of more protected class is adversely affected as compared to the others.

It mainly focuses upon the outcome of the act and not the intentions. It is found that the actions or policies of organization could appear to be neutral completely but still lays a disparate impacted at the time of execution. This type of discrimination considers the disparate consequences of the action of employers on the candidates of protected class specifically. For example, the negative impact led over the female candidate due to the discrimination based on their pregnancy could make them de-motivated in their work.  This discrimination includes specific employment practices and policies which are facially impartial but acquire more impacts over the candidates of protected class (Williams and Seicshnaydre, 2017, p. 10-20). It is very important for the human resources team of Hotel Hilton to avoid the cased of any disparate impact discrimination so that to keep the employees motivated and enthusiastic at the workplace.

It has been identified that the human resource team and manager requires understanding these types of discrimination and the related terms. The understanding would help them evade any kind of the occurrence of discrimination at workplace. It is very important to consider that the disparate impact could take place even if there are no intentions for discriminations. Moreover, both the terms disparate treatments and disparate impacts are been categorized under the types of discrimination which could face severe claims if occurred at the workplaces. Any of the discriminatory act could result in claims to the employer leading huge punishments as well (Fisher, et al, 2017, pp.316-327). The employers or managers must not overlook the consequences of the impact of discrimination and avoid conducting any such act at the workplaces. It is essential to ensure that both the disparate treatment and disparate impact is been avoided at the workplace either intentional or unintentional.

The term affirmative action refers to providing the opportunities and jobs to members of groups such as minorities and women who might not get those opportunities in other manner. The national and local governments of different counties are considering this rule for providing the employment and education to such people and overcome the discrimination level. The program is helping governments for correcting the effect of discrimination in various sectors of employment and education institutes for the certain members of groups. The aim of this regulation and action was to overcome the issues regarding discrimination based on race and gender (Ma and Schapira, 2017, p. 20). The implementation of affirmative action is helping to maintain the equal opportunities for all people for getting the job, promotion, benefits, and power to raise the voice against the discrimination. The affirmative action was implemented in Malaysia in 1957 but it was accelerated in the form of NEP.  

The Malaysian New Economic Policy (NEP) serves the different form of affirmative action for maintaining the equality in employment. However, Malaysia is a multi-ethnic country and having the lower percent of income level for people. The majority of the population of the country belong to the Chinese and Indian descent. The Chinese people are generally involved in the business and industries of the country and other people are workers. The national government has analyzed the current situations of the local population and implemented the affirmative action to increase the level of income for the local population (Arcidiacono and Lovenheim, 2016, p. 3-51). To increase the independent level and restoring the proper place in the economic operations considering the impact of non-Malays, the government is applying this policy for the welfare of society and economy. The action that has taken by the national government to increase the social and economic culture of people through affirmative policy worked positively at the beginning. The NEP has specifically targeted the Bumiputeras to achieve 30% ownership in corporate activities and overcome the impact of non-Malaya percentage.   

However, the government is applying this policy for improvement in equal opportunities and providing the sustainable place for all types of people but some people are not accepting this action. The Malays are claiming the right to preferential treatment through affirmative action as they are indigenous (Jain, Sloane, and Horwitz, 2015, p. 27). The intention of the government was good for implementing the action to overcome the structural weakness of the employment and social system. The major intention of implementing the affirmative action was to make the balance in the lower income people and the working class. In spite of that, some Malays have moved from the country due to affirmative action. This was the major reason that has raised the questions on the implementation of affirmative action in Malaysia. In addition to this, the international audience of Malaysia specifically the business leaders are looking for the transformation in the affirmative action to increase the skilled labour percentage and encourage their production (Ibañez and Riener, 2018, p. 437-478). The policy of affirmative action is influenced gap in education and employment of skilled and qualified labour. However, the aim of affirmative action was to develop a vibrant pro-growth policy to develop a stable and clear business environment but the discrimination level on the basis of colour and the born area has affected the actual outcome on the affirmative action of the Malaysian government.     

In the current scenario, the Malaysian people are facing several issues due to affirmative action that increases the social and economic imbalance. The policy of this action is dominated by the political parties and the required benefits are not received by the majorly of groups and individual. The intent of implementing affirmative action was to develop a better workplace for all in the country but the discrimination due to the colour of skin and born certification has affected the process of developing the equal opportunities for people (Miller, 2017, p. 152-90). Apart from that, the Malaysian government has re-established the affirmative action by developing the contract for job and education sector to provide the facilities to people who are marginalized and come from rural areas. The intention of implementing affirmative action was to increase the opportunities for the population which under-privileged and facing the high discrimination issues.

The action was applied to overcome ethnic-based issues and providing better employment opportunities for the people. In spite of this, the consideration of different vision and pervasiveness of ethnic-based discrimination has disturbed the compliance with the organizational employment process and offering the equal opportunity for Malaya people (Antman and Duncan, 2015, 710-713). The national government still has to believe in affirmative action and following the policy for maintaining structural balance and encourage the poor racial groups for earning their livelihood and contribute to the economic welfare action of government. It can be considered that after implementation of affirmative action the Malaya people are in better position as they were in late 1960 (Lee, 2015, p. 615-634).

The development and consideration of workforce diversity are essential for the organizations for improving the effectiveness of working, decision making, planning and analysis of the performance of staff members. The term diversity refers to respect and acceptance of all with the working environment. The discrimination is having the negative impact on the planning and development of a highly skilled workforce that can manage the operation and contribute to the growth of the organization. The concept of diversity is helpful for understanding the needs and value of an individual and differences. These can be along with the dimensions of race, ethnicity, gender and socio-economic status. Moreover, diversity also considers the physical abilities, political belief, and ideologies (Ahamat, Rahman, and Mohamed, 2015, p. 23). The concept of diversity is used to overcome the gaps of individual regarding the identified functions and support them to increase their tolerance level. The proper knowledge and understanding of diversity management is beneficial for the organizations to balance the work and develop the healthy and competitive working environment that helps to meet their objectives.

The workforce diversity in organizational behavior is defined as the development of the organizational climate in which a heterogeneous workforce performs to its best potential. The approach of top management for managing such an environment needs to be free from biasness. The aim of implementing workforce diversity is to rules out the discrimination among employees in any respect. In addition to this, the workforce diversity concept is supporting the organization to achieve the goals and objectives of the company in the best manner (Lee, and Mondi, 2018, p. 229). The proper consideration of workforce diversity management within organizational working is helpful for increasing the ability to deal with the diverse market situation, better decision making, encouraging the relationship with the customers and building of goodwill of enterprise.  Following are the key elements diverse workforce:

Age diversity:

This is important factors that have the significant impact on planning and management of diverse workforce at the workplace. For example, in hospitality organization like Hilton Malaysia, there are many employees from different age groups are working for managing the operations and contributing in the offering of standard products and services to the visitors (Blancero, Mouriño-Ruiz, and Padilla, 2018, p. 3-21). The age difference has the vital impact on capacity, hard-working, and acceptance of changes regarding technology and new working regulations. It is essential for the HR manager of the hotel to manage the balance among various age group members to improve the diversity in the workforce.

Gender:

This element is having the vital role in discrimination issues that faced by the organizations. The male staff tries to dominate and have certain changes in benefits and promotion for female employees. The HR policies are also having differences for male and female staff that increasing the dissatisfaction level of staff in working with the diverse workforce (Conway, and Monks, 2017, p. 585-606). The concept of diversity has the special emphasis on gender equality and offering of equal opportunity for male and female staff for gaining the benefits according to qualification and performance. It is the responsibility of the HR manager to develop and maintain the harmonious relationship among employees of both genders.

Education level:

The elements that have the impact on development and management of diverse workforce team at workplace involve the level of education. The organization has the range of less to highly educated people in different departments. For example, the highly educated people in the Hilton hotel are broad-minded and having wide perspective for seeing and understanding the operations (Harvey and Allard, 2015, p. 39). Apart from that, the less educated and conservative employees are having issues with caste, color and religious approach of others. This kind of thinking creates the negative impact on the working culture and development of a diverse workforce that can support in the achievement of goals and objectives.

Diversity of abilities:

In a medium and large size organization, the numbers of employees are high that involve people who are disabled in some ways but can perform the task allocated to them. The disability and multi-talented personality create the difference in employees and affect the approach of developing the diverse workforce that could support, coordinate and manage the organizational work by offering the respect and overcome the psychological barriers (Al Ariss, and Guo, 2016, p. 579-588). In addition to this, key in managing diversity in having concern over matching the disability of co-workers and encourage them for better working. Apart from that, the training about the sensitivity can help to overcome the issues related to discrimination and lack of support for the employees who are disabling.

Ethnic diversity:

The approach of diversity at workplace involves proper consideration of the ethnic factors that have the direct impact on the mental process and perception of the co-workers. In the different socialization and global management activities, the ethnic changes and diversity are having the significant impact on the competencies of the individual (Martin, 2014, p. 89). The lack of understanding and highly religious employees are having issues with the ethnic approach and affect the team working approach for the particular reason.

Social diversity:

Diversity element related to social status and knowledge about various functions related to local culture is one of the traditional discussions for workplace diversity. The top management of the organization is having the good understanding of managing balance among employees related to the social differences (Greene, and Kirton, 2015, p. 41). For example, the Hilton hotel management is aware of this social discrimination for developing the diverse workforce to offer international standard services. However, the lifestyle of local employees and staff from other nation and social areas working for Hilton Malaysia to manage the work but changes in the social status and perception about employees from foreign countries is affecting the development of the diverse workforce.

The diversity in the workforce is having the significant impact on the business process and understanding of the market and customer needs. The international organizations are adopting and encouraging the diverse workforce culture for improving brand image and managing their operations more effective manners. The hospitality industry is concern about the development of the diverse workforce to understand and meet the expectations and needs of international and local visitors (Thomas, and Peterson, 2017, p. 37). The Hilton hotel management of Malaysia is having a good plan and understanding of developing the diverse working team to achieve the business goals more efficient and professional manner. Following are the benefits that an organization has from managing the diverse workforce:

The development and management of a diverse workforce are useful for the organization like Hilton hotel to deal with the diverse market like proper handling of the local and international visitors and tourists. For example, the culturally diverse team of the hotel is able to understand the needs and attitude of the culturally diverse customers. The culturally diverse team is helpful for increasing the competence of the hotel to deal with the market trends and managing the diverse customer’s groups in respect of age, gender, and religion (Livermore and Soon, 2015, p. 14).

Better decision making:

The workforce from the heterogeneous background is able to help management is better decision making about the operations and offering of products and services to the customers. The Hilton hotel management is collecting the suggestions from the team members and having the knowledge about the different perspectives to make the decisions about the services (Deresky and Christopher, 2015, p. 43). The diverse workforce is supporting organization to increase the creativity and innovation in solving the issues and betterment of organizational services.

Better human relations:

The aim of increasing workforce diversity at the workplace is to develop the highly competitive working environment that improves the knowledge of employees and support them to understand the different values. The good understanding of value and respect for all types of co-workers is helping them to build good relationships and follow the common organizational culture (Jenifer and Raman, 2015, p. 348-351). This kind of approach through diverse workforce management is leading Hilton hotel staff to maintain better human relations.

Building of goodwill:

The organizations that have good diverse workforce management tactics and strategy have positive market value. For example, the culturally diverse people are getting attracted to the Hilton hotel to get employment. This kind of goodwill of Hilton hotel is helping to develop the good teams that have skills and knowledge of handling the customers more professional manner. Apart from that, the consideration of diverse team management is supporting the hospitality organization to overcome the rate of turnover of staff (Luthans, Luthans, and Luthans, 2015, p. 78). The large organization Hilton is managing the workforce in the better manner that aid organization for retaining the skilled staff by providing the better working place free from discrimination and issues related to equal employment opportunity in Malaysia.

Conclusion 

From the study, it has been carried out that equal employment opportunities and approach of organization considering the law and regulations are helpful for maintaining the growth and developing better relationships with staff. The report has provided detail information about the employment laws of Malaysia and critically discussed the employment discriminations. Moreover, the report has explained the concept of the affirmative action and impact of it on the population and employment level in the country. Furthermore, the report has analyzed the concept of diversity and its elements that have the significant impact on the organizational working.

References

Ahamat, H., Rahman, N.A. and Mohamed, A.M.H., 2015. Competition Law and Affirmative Action in Malaysia: Complementarity or Conflict?. Pertanika Journal of Social Sciences & Humanities, 23.

Al Ariss, A. and Guo, G.C., 2016. Job allocations as cultural sorting in a culturally diverse organizational context. International Business Review, 25(2), pp.579-588.

Antman, F. and Duncan, B., 2015. Incentives to identify: racial identity in the age of affirmative action. Review of Economics and Statistics, 97(3), pp.710-713.

Arcidiacono, P. and Lovenheim, M., 2016. Affirmative action and the quality-fit trade-off. Journal of Economic Literature, 54(1), pp.3-51.

Ashe, S. and Nazroo, J., 2017. Equality, diversity and racism in the workplace: A qualitative analysis of the 2015 race at work survey.

Blancero, D.M., Mouriño-Ruiz, E. and Padilla, A.M., 2018. Latino Millennials—The New Diverse Workforce: Challenges and Opportunities. Hispanic Journal of Behavioral Sciences, 40(1), pp.3-21.

Burton, C., 2017. Equal Employment Opportunity and Corporate Planning 1. In Gender Matters in Educational Administration and Policy (pp. 157-164). Routledge.

Cavico, F.J. and Mujtaba, B., 2017. Diversity, disparate impact, and discrimination pursuant to Title VII of US civil rights laws: A primer for management. Equality, Diversity and Inclusion: An International Journal, 36(7), pp.670-691.

Chambers, H., 2017. The Joy of Serious Doctrinal Analysis of Disparate Treatment and Disparate Impact Discrimination. Jotwell: J. Things We Like, p.141.

Cheung, C., Baum, T. and Hsueh, A., 2018. Workplace sexual harassment: exploring the experience of tour leaders in an Asian context. Current Issues in Tourism, 21(13), pp.1468-1485.

Chouldechova, A., 2017. Fair prediction with disparate impact: A study of bias in recidivism prediction instruments. Big data, 5(2), pp.153-163.

Cobb, E.P., 2017. Workplace Bullying and Harassment: New Developments in International Law.

Connolly Jr, W.B., Connolly, M.J. and Feinstein, J., 2018. A practical guide to equal employment opportunity. Law Journal Press.

Conway, E. and Monks, K., 2017. Designing a HR System for Managing an Age-Diverse Workforce: Challenges and Opportunities. In The Palgrave Handbook of Age Diversity and Work (pp. 585-606). Palgrave Macmillan, London.

Deresky, H. and Christopher, E., 2015. International management: Managing cultural diversity. Pearson Higher Education AU.

Evans, A., 2018. The Roles Of Workforce Development For Minorities Improving Retention And Examining Disparate Impact And Disparate Treatment.

Fauzi, H., 2018. Protecting the human rights of persons with disabilities: Islamic perspective and Malaysian legal framework. International Journal of Islamic Thoughts (IJITs), 7(1).

Fisher, G.G., Truxillo, D.M., Finkelstein, L.M. and Wallace, L.E., 2017. Age discrimination: Potential for adverse impact and differential prediction related to age. Human Resource Management Review, 27(2), pp.316-327.

Greene, A.M. and Kirton, G., 2015. The dynamics of managing diversity: A critical approach. Routledge.

Harvey, C.P. and Allard, M., 2015. Understanding and managing diversity: Readings, cases, and exercises. Pearson.

Ibañez, M. and Riener, G., 2018. Sorting through affirmative action: Three field experiments in colombia. Journal of Labor Economics, 36(2), pp.437-478.

Jain, H.C., Sloane, P. and Horwitz, F., 2015. Employment Equity and Affirmative Action: An International Comparison: An International Comparison. Routledge.

Jenifer, R.D. and Raman, G.P., 2015. Cross-cultural communication barriers in the workplace. Internafional Journal of Management, 6(1), pp.348-351.

Landau, I. and Cooke, F.L., 2017. Employment regulation and industrial relations in Indonesia, Malaysia, the Philippines, Thailand, and Vietnam. Routledge Handbook of Human Resource Management in Asia.

Lee, H.A. and Mondi, L., 2018. 15 Affirmative action and corporate development in Malaysia and South Africa. Handbook of the International Political Economy of the Corporation, p.229.

Lee, H.A., 2015. Affirmative Action in Malaysia and South Africa: Contrasting Structures, Continuing Pursuits. Journal of Asian and African studies, 50(5), pp.615-634.

Leibbrandt, A. and List, J.A., 2018. Do Equal Employment Opportunity Statements Backfire? Evidence From A Natural Field Experiment On Job-Entry Decisions (No. w25035). National Bureau of Economic Research.

Livermore, D. and Soon, A.N.G., 2015. Leading with cultural intelligence: The real secret to success. Amacom.

Luthans, F., Luthans, B.C. and Luthans, K.W., 2015. Organizational Behavior: An EvidenceBased Approach. IAP.

Ma, C. and Schapira, M., 2017. The bell curve: Intelligence and class structure in American life. Macat Library.

Martin, G.C., 2014. The effects of cultural diversity in the workplace. Journal of Diversity Management (Online), 9(2), p.89.

McLaughlin, J.S., 2018. Limited Legal Recourse for Older Women’s Intersectional Discrimination Under the Age Discrimination in Employment Act.

Miller, C., 2017. The persistent effect of temporary affirmative action. American Economic Journal: Applied Economics, 9(3), pp.152-90.

Mohamad-Yusof, N.Z., Wickramasinghe, D. and Zaman, M., 2018. Corporate governance, critical junctures and ethnic politics: Ownership and boards in Malaysia. Critical Perspectives on Accounting.

Pedriana, N. and Stryker, R., 2017. From Legal Doctrine to Social Transformation? Comparing US Voting Rights, Equal Employment Opportunity, and Fair Housing Legislation. American Journal of Sociology, 123(1), pp.86-135.

Player, M. and Sperino, S., 2017. Federal law of employment discrimination in a nutshell. West Academic.

Sloane-White, P., 2018. Company Rules: Sharia and its Transgressions in the Malay-Muslim Corporate Workplace. Journal of Current Southeast Asian Affairs, 37(1), pp.89-116.

Thomas, D.C. and Peterson, M.F., 2017. Cross-cultural management: Essential concepts. Sage Publications.

Wahab, H.A. and Ayub, Z.A., 2017. Employment Right of Persons with Disabilities in Malaysia. In Social Interactions and Networking in Cyber Society (pp. 217-232). Springer, Singapore.

Williams, M. and Seicshnaydre, S., 2017. Evolution of Disparate Impact Theory. The Fight for Fair Housing: Causes, Consequences, and Future Implications of the 1968 Federal Fair Housing Act.