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Discrimination

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Team Name: D Date: May 19, 2014 HRM/300: Fundamentals of Human Resources Equal Employment Opportunity & Employee Rights Review
Content 60 Percent The student’s presented the following:      Provided a general summary describing your chosen laws or issues For each law presented, provided a current court case that has challenged your selected law or issue. Defined any implications for HR in managing employeremployee relationship in the context of the law or issue. Provided an HR Policy for compliance The content is comprehensive, accurate, and persuasive .5 .5 1 .5 .5 .5 .5 1 .5 .5 Points Available 3 Points Earned X Additional Comments:

Very good assessment of employer-employee rights… Very good analysis of how organizations have integrated Equal Opportunity and the Family Medical Leave Act into the day to day operations of the organization. It is important to continually revisit the policies that the organization has setup to ensure continual compliance as your organization has done. How will you gain the management commitment to ensuring that policies continue to benefit the employees and company? Additional Comments:

Organization / Development 20 Percent   The report is 1050 – 1400 words in length (WC: 1317)

Points Available 1 .5 .5 Points Available 1 .25 .25 .25 .25

Points Earned X .5 .5 Points Earned X .25 0 .25 .25

Paragraph transitions are present, logical, and maintain the flow throughout the memo Mechanics 20 Percent    

Additional Comments:

Formatting or layout and graphics are pleasing to the eye (font, colors, and spacing Rules of grammar, usage, and punctuation are followed, and spelling is correct Sentences are complete, clear, and concise Sentences are well constructed, strong, and varied

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Late Assignment Deduction (25% per day up to 2 Days) Total Points Available 5 Awarded 4.75 Additional Comments

Equal Employee Opportunity Camron Byington-Getty, Roel Gallardo, Alicia Guzman, Ginny Martinez, Kathryn Niemann HRM/300 May 19, 2014 Donald Kilgore

Equal Employee Opportunity There are many laws and issues that are used to keep employee opportunities equal. The three issues our group found most important were the Americans with Disabilities Act of 1990, Family Medical Leave Act, Drug-Free Workplace Act 1988. Americans with Disabilities Act of 1990 The Americans with Disabilities Act was established to restrain illegal discrimination in employment against persons qualified to be disabled. The purpose of the law was to end discrimination in the place of work and to deliver equal employment chances for persons living with disabilities or have had histories of disabilities. The law defends employees that experience physical or mental deficiency that greatly limits a key life activity. The American with Disabilities Act of 1990 has seen many court cases over the years. In the case of AZZAM v. BAPTIST HEALTHCARE AFFILIATES (BHA), INC. No. 3:10-CV-362 we see how the courts determine whether a person is considered disabled or not in accordance with the ADA. Azzam was an employee of BHA when she was terminated for not being able to complete the responsibilities of her job as she was no longer able to “the essential functions of a surgical RN, she was not ‘otherwise qualified’ for the position (Leagle, 2014). There are five different categories of this Act: 1. Employment: Prohibits employers from discriminating due to their limited abilities. 2. Public Service: Prohibits state and local government agencies from denying people with disabilities services or activities that are offered to those who do not have disabilities. 3. Public Accommodations: This category requires that all restaurants, hotels, retail and grocery stores make entry and navigation easy for those with disabilities. 4. Telecommunications: If Telecommunication companies offer services they must also provide relay services to those individuals who are hearing impaired.

5. Miscellaneous: This category prohibits anyone who interferes, threatens, or retaliates against anyone with disabilities or anyone who helps defend someone with disabilities. The HR department is responsible or knowing if there are any employees with disabilities so that they can ensure that the employee has the proper accommodation that is needed and also notifying the manager of the situation and the restrictions the employee may have. The HR team also ensures that the employee is not discriminated upon for any type disability. This act protects the employee discrimination of possibly not being hired on due to a disability. Family Medical Leave Act The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave (www.dol.gov). This Act became effective on August 5, 1993; almost 21 years ago. It entitles eligible employees to twelve workweeks (roughly 3 months) of leave in one calendar year for the birth of a child and to care for a newborn child within one year of birth (www.dol.gov). Under this Act, the eligible employees are entitled to medical leave for the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement (www.dol.gov). Another reason for eligible employees to take a medical leave is to take care of their spouse, child, or parent who has a serious health condition. If this employee has a health condition that makes him/her unable to perform the essential functions of his/her work, this is a reason for medical leave under the FMLA. These are just a few reasons that would enable an employee to receive medical leave covered by the Family Medical Leave Act (FMLA). Prior to this act if an employee required time off to take care of their spouse or children the decision was in the hands of their employer. If the employee felt that this was too little time granted the employer was able to terminate the employee. Of course, that has now changed since the passage of the FLMA's new policies.

Employees are now more open to taking leave to assist with their family members that are in need because these employees can rest assure that they will still have a job (in fact their exact position) when they return to work. The HR team is to provide any necessary accommodation that is required for the employee whether it is for the employee themselves or a family member. The HR team only requires a doctor’s note stating that it is an ongoing medical condition that will need the employee’s attention for the family member of the employee. This act protects them from being fired or suspended any time off that is required. Drug-Free Workplace Act 1988 With the legalization of medical marijuana in many states there is new controversy with the Drugfree workplace Act. In the case of Jane ROE, Appellant, v. TELETECH CUSTOMER CARE MANAGEMENT (COLORADO), LLC, Respondent No. 38531-7-II we see how, even though it may be legal in some states, it does not protect you from following a drug free workplace policy. The Drug-Free Workplace Act became effective November 1988, and requires any federal agency receiving grants or contracts to be drug-free. Each state has its own laws regarding drug testing in the workplace. Employee safety and health are of the utmost importance to any business based on the fact that without employees a business will not function. Pre-employment drug testing is a start to keeping drug and alcohol abusers away from places of business in an effort to protect the security of drug-free workers, but it does not stop there. Random testing and reasonable suspicion testing are other efforts to help employees stay drug-free. The Drug-Free Workforce Act of 1988 gives companies guidelines to follow when setting a Drug-Free Policy, and should not be taken lightly. It was found that the Drug free Workplace Act over road MUMA (Medical Use of Marijuana Act) in that, “MUMA provides qualifying medical users only a defense to criminal prosecution. MUMA neither grants employment rights for qualifying users nor creates civil remedies for alleged violations of the act” (Findlaw, 2014). Conclusion

The implications that the HR department is responsible is making sure that all new employees are drug tested and if they refuse to take the drug test or test positive is an automatic resend of offer. If an employee is suspected of being intoxicated or possibly on drugs and it is reported to the manager and HR department then that employee is questioned and taken to the clinic for a drug test and if the employee fails or refuses then the HR department gets notified and suspends the employee until a decision is made or they are an automatic termination of employment by management and the HR team. In order to comply with the American with Disabilities Act of 1990, our company will provide assistance of any kind whether it is in form of new equipment to meet the needs of the employee in need or personal assistance like therapy. Our company does not disregard the potential of every employee. In addition to the Family Medical Leave Act, employees can use up their accumulated time off hours before FMLA kicks in. It is unpredictable how long or how short the time off needed but if the employee exhausted all his or her time off and FMLA, we will still accommodate their needs as long as they file the correct paperwork and that the reasons are within reason. Human resources department should make the employees aware of random drug testing. They enforce the drug free workplace act with full force and anyone caught will suffer the consequences of their actions. It can be taken in consideration that some drugs might be taken for medicinal purposes and a valid prescription must be presented for this to be taken into account. Intoxication while at work is a big red flag and it will lead to termination.

References 1) Employment law matters. (N.D). Retrieved from http://www.employmentlawmatters.net/wpcontent/uploads/sites/235/2012/12/12-3-12-11thCir-interference-but-no-retaliation.pd_.pdf 2) Findlaw. (2014). Retrieved from http://caselaw.findlaw.com/wa-court-of-appeals/1309997.html 3) Leagle. (2014). http://www.leagle.com/decision/In%20FDCO%2020120105C42 4) National Drug Free Workplace Alliance. (). Drug-Free Workplace Act of 1988. 5) United States Department of Labor. (). Wage and Hour Division (WHD). Retrieved from http://www.dol.gov/whd/fmla/ 6) United States Department of Labor. (). ELaws - Drug-Free Workplace Advisor. Retrieved from http://www.dol.gov/elaws/asp/drugfree/screen4.htm 7) U.S. Equal Employment Opportunity Comission. (). Facts About the Americans with Disabilities Act. Retrieved from http://www.eeoc.gov/eeoc/publications/fs-ada.cfm
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