...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
Words: 1142 - Pages: 5
...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
Words: 1142 - Pages: 5
...Hernandez Raytheon Company v. Hernandez. This case was argued on October 8, 2003 and decided on December 2, 2003 dealing with the Disparate Treatment. Disparate Impact occurs when someone is treated differently, regarding the terms and conditions of the workplace, because of their sex, color, race, religion, physical or mental disability or age. In this court case employee, Joel Hernandez, from the Raytheon company had tested positive for cocaine usage. With the fear of being rejected from his employment, Joel had quit his job because he knew that he had violated petitioner Raytheon Company's workplace conduct rules. Another reason for why he resigned was based on the fact that the petitioner would have eventually fired...
Words: 1032 - Pages: 5
...LIT1 Legal Issues for Business Organizations TASK 2: Labor and Employment Law September 17, 2014 ATTN: Requestor, SVP of Ops SUBJ: Compliance Review; Report of Findings Thank you for bringing the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below. ------------------------------------------------- SITUATION A FACTS OF CASE | FMLA GUIDELINES | RELATION OF FACTS TO GUIDELINES | Company has more than 75 employees | In order for employee to be eligible, company must have a minimum of 50 employees working within a 75 mile radius of the plant. | The company is covered and is required to abide by the Family Medical Leave Act of 1993 when considering a leave request by an eligible employee. | Employee has been employed at the company for 2 years. | An employee must have worked for a covered company at least 1,250 within the past 12 months in order to be eligible for unpaid leave and job protection under FMLA. | Employee meets eligibility requirements for up to 12 weeks of unpaid leave under the Family Medical Leave Act of 1993. | Employee was granted sudden leave upon request due to the birth of his children. | Eligible employees are entitled to parent bonding time after the birth of their child(ren). | Employee gave notice and was granted leave to bond with his children. | Employee’s duration of leave was 11 weeks. | Eligible employees are entitled...
Words: 1210 - Pages: 5
...employment. Often these youth are plagued by physical and mental disabilities that will give them a harder road than someone applying for the same position. The U.S. Census Bureau says that about 49.7 million Americans have a disability. Those with a physical disability were 9.4 percent, mental disability was 5.6 percent for people age 16 and older, and 6.9 percent had an employment disability (census.gov). When youth leave facilities were they have been groomed and ultimately institutionalized, they are stuck without skills that will help them obtain employment and be able to compete in today’s society. The research in this paper will explore the laws that protect those with disabilities and how they may be improved to provide them with equal employment opportunities. These youth put so much of their self-worth into having a job but are often discriminated against. Getting up and being involved in a working society puts forth an image of belonging as so many times in their past they have been shunned aside and made to feel inferior by those most important to them. Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability (eeoc.gov). The negative portrayal of those with mental disabilities is what habitually causes them not to obtain employment. Employers...
Words: 8776 - Pages: 36
...Landslide Limousine date: March 15, 2015 cc: Bradley Stonefield I have researched several employment laws for Mr. Stonefield’s Landslide Limousine Company and there are four laws that I will outline for Mr. Stonefield to consider complying with in his new business venture. I will discuss in this memo the Civil Rights Act of 1964 regarding employment discrimination, The Americans with Disabilities Act of 1990 regarding people with disabilities, Equal Pay Act of 1963 regarding wage discrimination between men and women, and lastly the Texas Minimum Wage Act regarding the least amount of an hourly wage payable in the state of Texas. I will give a brief summary of each of the four Acts and consequences for noncompliance. Civil Rights Act of 1964 The Civil Rights Act of 1964 is regulated and enforced by the Equal Employment Opportunity Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, assistance, or subsidies The Civil Rights Act of 1964 applies to you. The EEOC “enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment” (The United States National Archives and Records Administration, n.d., para. 3). The Civil Rights Act of 1964 makes it unlawful for employers to “fail or refuse to hire or to discharge any individual, or otherwise to discriminate...
Words: 2776 - Pages: 12
...Executive Summary There are laws related to every aspect of employment including many important ones that protect both applicants and employees against unfair treatment. The Civil Rights Act of 1964 was a key point in history and instrumental in protecting the rights of individuals from employment discrimination. Title VII of the legislation was designed to protect U.S. employees. This Title also established the U.S. Equal Employment Opportunity Commission with the intent to protect U.S. employees from discrimination as the body to enforce the provisions of the law. Equal employment opportunity was further enhanced in 1965 with Executive Order 11246 which prohibited federal contractors from discriminating against employees on the basis of race, sex, creed, religion, color, or national origin. Equal Employment Opportunity has been an effort to provide African-American, women, and other classes of individuals in society who did not have access to the same employment opportunities in both the private and public sector. The issues explored related to equal employment in the public sector are: • Oversight and Coordination • Scope of “Protected Classes” • Monitoring and Reports • Enforcement Equal Employment Opportunity Act of 1974 The U.S. Equal Employment Opportunity Commission (EEOC) provides oversight and coordination of federal equal opportunity regulations, practices, and policies. Equal Employment Opportunity Act of 1974, brought all state, local, and federal...
Words: 2104 - Pages: 9
...to care for her disabled son, and that she was fired in violation of the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). On motion for summary judgment, the district court found in favor of the employer. Issues: 1. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the FMLA. 2. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the associational disability provisions of the ADA. Holding: 1. The employee was not terminated because she had a disabled family member, but rather because she was unable to regularly and reliably attend work. 2. Employers are not required to make reasonable accommodations for the family member of a disabled person under the ADA . Thus, the individual claiming protection of the ADA must be able to perform the essential functions of the position without the need for the employer to make reasonable accommodations. Analysis: 1. Even if employee can meet prima facie case under FMLA, employer has a legitimate, non-discriminatory reason for termination: Employee's position required her to regularly...
Words: 463 - Pages: 2
... I. Executive Summary ............................................…………….………..................... 3 II. Theoretical Aspect (Literature Review) ..........………………................................. 6 3.1. Definition of Equal Employment Opportunities............................................... 6 3.2. Definition of Discrimination............................................................................. 6 3.3. Definition of other laws regarding equal employment………………….……..7 III. Practical Aspect ..........…….....…….......................................................................... 10 4.4. Background and description of Hy-Vee Inc.…................…………..……..... 10 4.5. Discussion………… ……………................................................................. 11 IV. Conclusions and Recommendations…...………................…………….................. 12 5.6. Conclusions ..........………................................................................................ 12 5.7. Recommendations .........……...……................................................................ 13 List of References…………………………………………….....………….…………….…………14 I. Executive Summary For my research paper, I have choose to analyze the equal employment opportunities within Hy-Vee Inc. Equal employment opportunity is a very specific yet broad determination of what is allowed and what is seen as discrimination. A lawsuit can be filed against...
Words: 3560 - Pages: 15
...Summary In 2001, a sex discrimination lawsuit was brought against Wal-Mart by a female employee. It specified how female employees were not given the same opportunity to advance as their male counterpart even though they had just as must experience or more. They were also denied training for top positions and prohibited from working in certain departments that were designated for men only, which also paid more (McGraw Hill, 2014, p. 582). Wal-Mart developed a system they used to promote, pay, assign and transfer their employees. This system was said to be subjective and had a disparate impact on female employees. Wal-Mart officials knew about this mistreatment to their female employees but still did nothing to correct it. They even went as far as to retaliate against one female employee who complained about the discrimination (McGraw Hill, 2014, p. 583). Another lawsuit filed against Wal-Mart in June 2001 claimed employees were not allowed to get paid for their overtime work. The employees were also approached with intimidation by threats if they did not finish their work within a scheduled amount of time, even if it was impossible for the work to be completed that same day (McGraw Hill, 2014, p. 586). Discussion When Sam and his brother Bud established their first Wal-Mart retail store, the vision was always customer satisfaction. He believed if he treated his employees well, they would in fact return that same treatment or better to the customers causing them to come...
Words: 1687 - Pages: 7
...Discrimination is treatment or consideration based on class or category rather than individual merit; partiality or prejudice (American Heritage Highschool Dictionary(Third Edition) 397). It could also mean being bias towards different groups and minorities. Discrimination is a form of bullying and people often think about it as being a black and white issue. There is a lot of discrimination against immigrants, which sometimes make it difficult to find a job or accommodations to support their financial needs. Discrimination has caused some people to kill others or themselves. Ways of discrimination can be given indirectly and directly. The negativity of discrimination has led to numerous problems. Types of discrimination causing controversy worldwide today are racial, gender, disability, and homosexuality....
Words: 2889 - Pages: 12
...Why does the European Commission need to propose a Horizontal Directive on the principle of equal treatment? The Case for a Horizontal Anti-Discrimination Directive ILGA-Europe (The European Region of the International Lesbian and Gay Association) and the European Network Against Racism (ENAR) have been arguing for the need to propose a single horizontal anti-discrimination Directive, covering the grounds of age, disability, religion/belief and sexual orientation. Here is a summary of arguments in favour of a single equality legislation. A single comprehensive legislation is the most effective way to ensure legal clarity and coherence in relation to levels of protection against discrimination: v Experience has shown that a harmonized and coherent single legislation is easier to implement than a legislative framework fragmented by grounds. A single piece of legislation considerably increases the ability to adopt a consistent approach and to deal effectively with any inconsistencies and/or tensions that may arise between grounds of discrimination. It is for similar reasons that countries like the United Kingdom which had ground-specific legislation have been moving towards single equality legislation. v A single legislation provides individuals with a clear means to know their rights across the EU. Having separate laws leads to fragmented legislation which has been shown to be confusing to the public in many countries. v A single directive offers maximum legal clarity for businesses...
Words: 758 - Pages: 4
...Advocacy Network Steven Kapp, University of California, Los Angeles Caroline Narby, Autistic Self Advocacy Network Introduction Since organ transplantation was introduced as a viable treatment option, people with disabilities have faced significant barriers to accessing the life-saving procedure. The Rehabilitation Act of 1973 prohibited discrimination on the basis of disability by entities receiving federal funds, and the Americans with Disabilities Act of 1990 extended this protection more broadly across other areas of society. However, it has historically been difficult to enforce federal civil rights law within the area of medical decision-making. Due to the lack of medical knowledge on the part of the average patient or family member, people with I/DD often face little recourse when denied transplantation or even referral for consideration for such a procedure. In the last twenty years, some progress has been made on this issue, yet the need for further action on the part of activists and policymakers remains exceptionally clear. Background … it has historically been difficult to enforce federal civil rights law within the area of medical decision-making. People with I/DD and Organ Transplantation: A History of Discrimination In 1995, Sandra Jensen, a 34-year old woman with Down Syndrome and a terminal heart condition, was referred by her physician for a combined heart and lung transplant as the only available means of saving her life 1....
Words: 5525 - Pages: 23
...of the civil rights act was a hard won victory for civil rights activists and workers in 1964. In securing this act, they ended the decades of ‘separate but equal’ treatment that had been used as a justification for discrimination against black Americans, and wrote into law precedents that would affect change in the labor market undercurrents that subtly discriminated against women. The text of the Civil Rights Act made it unlawful for an employer to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment, because of an individual’s race, color, religion, sex or national origin. This act covers hiring, firing, promotions and all workplace conduct. “The history of the 1964 civil rights act, and the series of events through which the need for the act evolved, is the longstanding conflict between those who would make employment related decisions based on bigotry, and those who believe that our country stands for freedom for all peoples, regardless of race, color sex, or national origin. After the civil war, slaves were free, but still unable to participate in many American cultural events because of lack of education, or lingering discrimination. In 1920, the 19th amendment prohibited exclusion to the right to vote to all Americans based on racial or gender identity. In 1963, the equal pay act guaranteed that workers who performed the same job tasks would be...
Words: 1188 - Pages: 5
...Qiangwen Zhang Summary: Sid Shawn is a 10-year veteran of MNO Financial Services and a mainstay of the pension marketing group. He has been a good, consistent worker and an invaluable resource for the salespeople and consultant relations managers. Sid also weighs 400 pounds, so when he is the only internal candidate for the customer-facing position of consultant relations manager, sales and marketing VP Bill Houglan feels that he has a tough hiring decision to make. Indeed, the position of consultant relations manager means that Sid would stand for the image of the company. As a result it may cause some negative effect on the company’s impression towards clients. On the other hand, Sid is familiar with the company’s products backward and forward, he has even already found potential client, Dick Huff, for the equity product. This case explores whether a talented employee obesity’s should affect his manager’s decision whether to promote him. We consider issues of discrimination, diversity awareness, and employer intervention in matters of employees’ health. Recommendation: Bill should give Sid a chance to try the new job because: * He has the required skills for the job. * He is an internal candidate so he already knows the company very well. * He has a great personality and good social relations with his co-workers. * Bill should monitor Sid’s performance and see if the obesity problem really affects his job capabilities. 1. Why does discrimination by race, religion...
Words: 1068 - Pages: 5
