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Employment Law

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Employment Law

Employment Law

The following document will discuss personal employment experiences and issues. It will also share a personal view on employment conflicts, questions, grievances, lawsuits, etc. It will include the analysis of experienced employment situations and describe the possible legal actions taken in the resolution of them.

Everything started in the earlier 1800s, this is when the United States became industrialized, before then the regulations of employment were under the doctrine of laissez-faire, which means that that employment was subject to common law of contracts and agency law. Once the country became industrialized the state legislation and the federal government became enacted to protect workers’ rights, this also included child labor, unsafe working conditions, long hours and low pay. Before the Title VII there was another Civil Rights Act, it was in 1866 right after the civil war, and it was enacted by the federal government protecting and giving African Americans the same rights as Caucasians due to the end of slavery after the war. Title VII of the Civil Rights Act of 1964 was enacted by Congress to eliminate job discrimination based on race, color, national origin, religion and sex. This last one, sex, is been overwhelmingly high brought up by women, which brought up also the Pregnancy Discrimination Act in 1978. This act forbids discrimination because of pregnancy, childbirth and/or related conditions. In the mid 1990s the Americans with Disabilities Act (ADA) was signed to protect and imposed obligations on several entities to accommodate individual with medical disabilities. The ADEA, which is the Age Discrimination in Employment Act, was enacted in 1967 and it gives equal rights to older people to be considered for employment, payment of compensation, promotions and other terms and/or conditions of employment. Among other types of coverage for employees is the FMLA or Family and Medical Leave Act which is a guarantee for employees to unpaid time off for emergency reasons of the medical nature. Today with the benefits package that some companies offer to employees is the short and long term disability, which while in FMLA the pay is transform into a paid one. These benefits are under requirements which in some cases include being employee for more than a year and/or performed more than 1250 hours of service.

These laws and regulations that have been enacted throughout the years have brought great resolutions for individuals and in protecting their rights. The first resolution was more moral then anything due to the call into military service during the civil war of the 1800s, in which slaves were offered the opportunity to become free man if they fought for the “cause”. Once the war was over the government was forced to allowed this man and women to work without being discriminated upon. Once the Title VII was enacted, several issues in the country were able to come to a solution. Today discrimination is still being practice in places with very detail in place which makes cases hard to prove. One good example to use under title VII is an issue that is actively being looked in The Boeing Company. Few years back a group of African American men sued Boeing for discrimination alleging that some of them have been passed for promotions and offers for other jobs. Boeing settled the suit, and established more complex and well organized departments of Equal Employment Opportunity, which at the same time establish a more detail set of guidance for employees’ promotions and hiring process. Under the same act (Title VII), Boeing has suffered several lawsuits, to mention a few; Boeing has been sued for age discrimination, gender and disability. Another discrimination fact that still brings issues every time an employer is affected by it is pregnancy. This fact is happening today and employers don’t want to deal with the hiring of a replacement which depending on the type of work means training and useless time spends on another individual for no reason. This issue today has many companies working with their benefit packages to include maternity leave without pay and giving the employees the opportunity to exercise some of options that the company has to offer. At the same time companies had and have to deal still with issues evolving from the Americans with Disability Act. One of the main issues is the accommodation that some of these individuals need to be employee; special desks, chairs, elevator or relocation to a lower floor, special restroom facilities and so on. Many places of work were been affected by lawsuits which have created several solutions throughout the years and at the same time new ideas for businesses. Of course, with the ADA act many employers have to take in consideration that at time these individuals may be affected by long time off work and therefore limited production. For this reason today employers have the Family Medical Leave Act (FMLA) that allows the employee to be cover if medical issues arise due to their medical condition. However, this benefit does cover all the employees and has the same coverage as an employee that is affected medically. In the Boeing Company, the benefit package is an incentive that employees have to perform well and be able to participate based on time in service. This package of benefits is one action taken by the company to ensure that employees have the coverage they may need while they are employed with Boeing. Taken inconsideration the type of business Boeing is, several safety work related steps have been cover by the Occupational Safety Health and Administration (OSHA). These majors are a main source to keep employees working in a safe environment, and are not limited to safety glasses, shoes, gloves, training etc. At Boeing, regardless of the affiliation that an employee has with the company, if that employee gets hurt on the job, Boeing will take care of the medical part of it. However, it is up to the employer to offer benefits if any. In situation like this one, Boeing has the obligation to assess the situation and conduct an investigation to determine the factors of why the accident occurred and how. Once that determination is been recognized the company follows up with the employee and most of the time if the accident happened at work and the employee is a “contract laborer” he/she gets the same opportunities as regular employees get. From the business point, these procedures are taken to avoid possible legal action against the company and to make sure that the employee is consider an asset instead of a charge. They are certain sites that are union in the Boeing Company. Union employees have representatives that are the spokespersons for the employees. Every time there is an issue that needs to be address, is taken to a board in which these representatives meet to study the problem and generate possible solutions. These solutions are presented then to officials of the company, and are discussed to address possibilities of resolutions and or negotiations. Sometimes, when a safety issue is brought up, they take precedence over anything else that is on the table, because the union is there to protect their employees first. There is been occasions in which the union takes cases over legal actions and class action lawsuits have been filed.

In conclusion, laws and regulation in this country have establish to protect individuals and their rights, however many time these same individuals use the law to take advantage of a situation in which monetary compensation can be retrieve illegally but yet through the system, meaning, filing for injuries that didn’t happen and/or are not as severe as they make it to be. Others abuse their benefits hurting those who use it responsibly. In many cases these laws have been create to protect the business from false misleading information that could end in legal actions taken against the employer. Sometimes is unfortunate that base on the persons origin these laws have to be establish to allowed strange customs to practice in the United States and open a reasons for unreasonable acts. An example of this is the freedom of religion. Before the September 11 of 2001, religion was not an issue for many, but after that individuals started practicing their faith in airports and other places in which they knew it would bring consideration, why?, many believe so that they can bring a lawsuit for discrimination and get monetary damages for their right to practice their religious believe.

References
The Legal Environment of Business and Online Commerce, 5th Edition by Henry R. Cheeseman, pages 420-440. Retrieved Sept 2nd, 2008. http://seattlepi.nwsource.com/business/347081_boeing12.html, retrieve Sept 2nd, 2008 http://money.cnn.com/1999/07/06/companies/boeing/, retrieved Sept 2nd, 2008 http://www.accessmylibrary.com/coms2/summary_0286-12100428_ITM , retrieved Sept 3rd, 2008 http://seattlepi.nwsource.com/business/54731_boeing17.shtml, retrieved Sept 3rd, 2008 http://www.boeing.com/employment/benefits/us_benefits.html, retrieved Sept 4th, 2008

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