...Equal Employment Opportunity and Employee Rights Review Learning Team B HRM 300 May 18, 2015 Professor E. Hardin Equal Employment Opportunity and Employee Rights Review The Civil Rights Act of 1964 prohibits discrimination in all employment decisions on a basis of race, religion, ethnicity, sex, and national origin (DeCenzo, Robbins, Verlhurst, 2013). Not only does it protect in employment decisions but it also ended unequal application of voter registration requirements. When the Civil Rights Act of 1964 was put in place it ended segregation in schools as well. If this law would not be in place equality in the workplace would not have been possible and many would not be in the place they are in their careers now. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (EEOC, 2015). EEOC also makes it illegal for anyone to discriminate against a person who has filed a discrimination complaint or someone that was involved in a discrimination investigation or law suit. With the law in place it gives the EEOC the right to investigate charges discrimination against employers that are covered by the EEOC law. When a person exposes any information or activity that is considered illegal...
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...Equal Employment Opportunity and Employee Rights Review HRM/300 C******* ****** June 4, 2015 Mr. M****** S******** Summary Equal Employment Opportunity laws are in place to prohibit any job discrimination in any workplace. In The Department of Labor they have two agencies that deal with EEO monitoring and enforcement, one agency is the Civil Rights Center and the other is Office of Federal Contract Compliance. For the rights of employees the federal, state and regulations protect them. Any employee is protected under few of these federal laws, that team C will be going over. First will touch base on Age Discrimination in Employment Act of 1978, Family and Medical Leave Act 1993, and Employee Monitoring. * Age Discrimination in Employment Act of 1978 * Enacted to protect employees ages 40 to 65 from discrimination. In 1986 amended to eliminate the upper age limit altogether (DeCenzo & Robbins, 2007) * Congress decided to pass the ADEA because of an oversight about the older working force, there was a case in 2008 Gomez v. Potter that allowed federal workers who experienced retaliation for filing a claim based on the law to sue the company for damages. * Family and Medical Leave Act ...
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...Regarding the case filed by our former employee against our company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to depict the legalities of constructive discharge. A. A constructive discharge takes place when an employee believes that working conditions are intolerable; therefore is compelled to resign. In order for constructive discharge to be established; either of the following must be determined: -Evidence of intolerable working conditions are present, therefore a practical employee is forced to resign. - Evidence of the employee notifying the employer the intent to resign because of intolerable working conditions and the employer is unresponsive to the employee’s concern. - Evidence of improper conduct, including violent, sexual or discriminatory harassment by the employer. - Evidence of independent contract changes by the employer, which include pay cuts, hour changes, delayed wages, refusal of holidays and suspension without pay. Constructive discharge as a legal concept is relevant to the case of the former employee filing a claim against the company under the Title VII of the Civil Rights Act of 1964. This former employee filed a claim against the company for the reason of the alleged enforcement to the company’s new shift policy. B. There are several areas mentioned in Title VII of the Civil Rights Act of 1964, which pertain to this scenario. Under Unlawful Employment Practices, SEC. 2000e-2. [Section 703]...
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...employees, to ensure all reconciliation of individual goals with those of the organization, developing overall personality of each employee in its multidimensional aspect, and ensuring effective utilization and maximum development of human resources. Along with these responsibilities the human resources department also have regulations they have to follow such as the Equal Opportunity Commission (EEOC). This commission established on July 2, 1965, and is listed under the Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA),[7] the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the ADA Amendments Act of 2008.The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered by these laws. The laws apply to all types of work situations, including hiring, firing, promotions...
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...memo will explain: A) constructive discharge B) Title VII of the Civil Rights Act of 1964 as it relates to this particular complaint and in general C) recommendations for how the company should respond and also changes to avoid issues with Title VII in the future. | | | A: Constructive Discharge Constructive discharge is legally defined as “forcing an employee to resign by making the work environment so intolerable that a reasonable person would not be able to stay” (Prohibited Employment Policies/Practices, n.d.). Constructive discharge is usually recognized within the framework of the Civil Rights Act of 1964 Title VII as an illegal employment practice and is considered a form of wrongful termination (Prohibited Employment Policies/Practices, n.d.), even though it is the employee resigning from their position, as opposed to termination by the employer. An employee has filed a claim against the Toy Company under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. The employee is using constructive discharge as her complaint in regards to the Toy Company recently changing the production department work schedules. The company implemented a new policy in the production employees’ shift to four days on, four days off shift rotation schedule policy, as opposed to working only Monday through Friday as the production department had previously. The employee is alleging that the new policy is discriminating based on religion because...
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...| | | A former employee recently filed a claim against our organization in reference to Title VII of the Civil Rights Act of 1964. I researched and reviewed multiple case studies related to this situation and have provided a recommendation based on this research. For starters, Title VII of the Civil Rights Act of 1964 states that “It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.” (FINDLAW) This act was passed to help promote equal employment opportunities for females and minorities. The former employee feels that his rights were violated because he was required to work on what was considered a holy day based on his religion, however, there is no indication that the employee made the company aware of this issue. As you are aware, we recently implemented a schedule that would require all non-office staff to work twelve hour shifts on a rotating 4 days on, 4 days off work period. This schedule was made with no reference to time off for religious holidays. The claim against the organization stems from a former employee who was displeased with the new scheduling requirement, which forced him to work on a holy day. According to the U. S. Equal Employment Commission, constructive...
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...Equal Employment Opportunity and Discrimination By BUS335 Professor Richard Primo Have you ever been discriminated against on your job? Were you denied a right because of sex or race? Well today may your lucky day, in this paper I will be talking about an organization that helps people to fight against discrimination. This organization is abbreviated as EEO and it stands for Equal Employment Opportunity. Equal Employment Opportunity means that everyone will have a fair chance at obtaining jobs, benefits and services regardless if they are the employee or prospective employee of a company. Equal Employment Opportunity is set up to make sure that companies are fair in all areas of employment. Some of these areas include ensuring that there are fair practices in the workplace, that all management decisions are being made without bias, that the best people are being recruited and/or promoted on the job, the workplace is free of harassment and discrimination, and that employers are respecting cultural backgrounds of all staff and customers. People have a right to be judged on their performance or merit not based on discriminatory factors. Discrimination is any action that excludes a person or a group of people from an opportunity for personal reasons not relating to the job or position applying for. If a man and a woman have the same credentials for a position and management does not even consider the woman for the job...
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...well as with the patrons that the organization serves. Throughout the human resource processes a central concern is the assessment of employment laws and the consequence of their use. It has come to the attention of the human resource department that common sense and compassion have been replaced by litigation in the workplace. Although conflict is by no means a new phenomenon, the elements of workplace conflict are becoming more convoluted as the years go by. Changes in employment laws mingled with how we live and the unpredictability of today’s economy have coalesced into convoluted answers to what used to be basic questions (Gilbert, n.d.). The result is a growing sense of unease among employees and an accompanying need to claim one's legal rights when conflicts arise. Misconceptions about employment laws, and employee rights often fuel this fire. Not to mention today’s society’s augmented recognition and approval of lawsuits as a probable and lucrative alternative to negative workplace situations (Gilbert, n.d.). It is therefore imperative now more than ever, that human resource managers (HRM) be well versed in what constitutes a claim and ensure that they are avoided. This memorandum will briefly describe the organizations that have established employee-related regulations, such as, the Department of Labor (DOL), the U.S. Equal Employment...
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...Discharge Claim As a result of a work schedule policy change at WGU Toy Company, a constructive discharge was filed under Title VII of the Civil Rights Act of 1964 related to religious discrimination by a former employee. This is due to a policy change that required toy company employees to work rotating shifts to accommodate the demands of production. In this former employee’s claim, rotation would fall on a religious holy day. The rotating schedule change is required for all production employees but would not affect office staff members who will maintain 0800 to 1700 Monday through Friday work schedules. This memorandum will provide information to assist WGU Toy Company with recommendations in handling this claim. The nature of discrimination charges were best explained through review of Title VII of the Civil Rights Act of 1964, which identifies definitions specific to this claim against WGU Toy Company. Title VII of the Civil Rights Act states, “it is illegal to discriminate against someone based on race, color, religion, national origin, or sex” (U.S. Equal Employment Opportunity Commission, 2013). Specific to religion, all aspects of religious observance and practice are to be reasonably accommodated unless it causes undue hardship on the employer’s business (U.S. Equal Employment Opportunity Commission, 2013). The former employee felt forced to quit because the rotating shift did not take into consideration a religious observance, therefore resulting in the filing...
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...Task 2 – Labor and Employment Law Company X vs. Employee A on FMLA payment (Situation A) .Relevant Facts: Employee A has a 2 year tenure with Company X. Employee A asked for and was granted FMLA for the birth of his twins. Employee A asked to return to work before the allotted twelve week period had expired. On his return, he also requested for payment of his salary during his eleven week period of FMLA. His request for an early return was granted, but his time on FMLA remains unpaid. Employee A is now in an appeals process. Family Medical Leave Act applied The Family Medical Leave Act of 1993 states that as long as an employee meets the requirements of working at least 1,250 hours or twelve months, the employee has the right to take FMLA and resume employment at the end of the allotted twelve week interval. The employee will not be compensated for the time while on FMLA. (Wage, 2010) Report and final ruling No violation has occurred as Employee A`s FMLA time will remain unpaid and Company X abided by the Family Medical Leave Act of 1993 accordingly. Company X vs. Employee B on Age Discrimination (Situation B) Relevant Facts: Employee B is 68 yrs old and has a 42 year tenure with Company X. Employee B has recently received an above average performance evaluation and was hoping to get a promotion. The promotion was give to a 32 years old colleague who received an adequate performance evaluation. Employee B is accusing Company X of age employment discrimination. ...
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...C&C Beauty Salon Employee Handbook C&C Beauty Salon Employee Handbook The C&C Beauty Salon (C&C) Employee Handbook is merely a tool to provide basic information about your position / career while you are employeed with the salon. The below contents are to be considered as only guidelines, and is not by any means to be considered a contract of employment with C&C. The organization reserves all rights to reconsider, interpret, change, revoke, or suspend any or all of the policies and/or benefits what are described in this handbook. C&C is a at-will employer and may terminate employment at any time, without reason, with or without prior notice. This handbook will replace and supersede any and all prior policies, practices and understandings. C&C will only have non-disclosure documents that are confidential agreements and that are signed during your employement. Equal Employment Opportunity Policy C&C is commited and please to offer equal employement opportunities to all that apply and to all current employees. C&C will comply to all applicable equal opportunity laws, affirmative action laws and any other laws that are applicable to equality opportunities to employees. All State, Federal, and Local governing laws will be strictly upheld and under no circumstances will the organization willing or knowing commit to such acts. All will have equal opportunity for employment, promotion on all levels, lateral...
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...The purpose of this report is to describe three employment laws and the consequences of non-compliance. The three employment laws covered are Title VII of the 1964 Civil Rights Act, The Civil Rights Act of 1991, and The Americans with Disabilities Act; all three employment laws written about are an explanation of non-compliance. There is also an assessment on how an organization can ensure compliance with employment laws. Title VII of the 1964 Civil Rights Act Title VII of the 1964 Civil Rights Act was one law instated to ensure equal employment opportunities for all people no matter his or her race, religion, color, national origin, or gender. The 1972 Equal Employment Opportunity, Title VII states that showing any discrimination towards an employee by an employer bases on the applicants or employees race, color, religion, sex, or national origin is discrimination and will be viewed as unlawful. There are two major functions of the Act regarding discrimination: 1. Showing failure to hire an individual or refusing to hire an individual based on the terms outlined in the act are discrimination. In addition to the hiring process, relieving an individual from his or her duties within an organization, refusing benefits or compensation, changing one’s terms of employment or privileges of employment including any employment conditions of said employee based on race, color, religion, sex, or national origin is viewed as a company practicing discrimination. 2. Practicing...
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...Task 310.1.5: Labor and Employment Law Situation A: The Family and Medical Leave Act (FMLA) protects an employee’s job for up to 12 weeks under certain conditions. During the leave, an employee is not paid but is covered under the same health insurance plan. An employee is eligible for the FMLA if it is “for the birth and care of the newborn child of an employee, for placement with the employee of a child for adoption or foster care, to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition.” (United States Department of Labor) An employee is eligible if they have worked at least 1,250 hours during the last twelve months, the employer has over 50 employees, and they have been with their employer for twelve months. The employer is required to return the employee to the same or equivalent job and pay. The FMLA also allows extra leave for those caring for injured members of the military. The facts of the case are that employee A has been with Company X for two years and his wife prematurely gave birth to twins. After being on leave for eleven weeks, he has returned to work and has requested to be paid his salary while he was on leave. The new manager agrees to return him to his previous job at his previous pay. Since Company X has over 50 employees, it is required to abide by the FMLA rules. Under the FMLA, the employee is entitled to take up to twelve...
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...Equal Employment Opportunity Commission Anthony Butler SOC/315 March 22, 2011 Ardra Norman Equal Employment Opportunity Commission The Equal Employment Opportunity Commission (EEOC) is structured to ensure federal laws are adhered to so that individuals are not discriminated against in reference to employment because of race, color, religion, sex, national origin, age, disability, or genetic makeup. The headquarters office for the Equal Employment Opportunity Commission is located in Washington, D.C. The EEOC covers employers who have at least 15 employees (U.S. Equal Employment Opportunity Commission, 2011). The EEOC is responsible for investigating charges of discrimination against employers and for assessing allegations to determine a finding. Federal agencies can receive technical assistance on maintaining compliance within the EEOC regulations. Belk, Incorporated has been ordered to pay Myra Jones-Abid $55,000 and provide “other relief due to a religious discrimination lawsuit (U.S. Equal Employment Opportunity Commission, 2011; The Charlotte Observer, 2011).” The U.S. Equal Employment Opportunity Commission charged Belk in violating federal law because they failed to accommodate her religious beliefs and brought termination actions against her because of religion. In 2008 during employment, Jones-Abid was required to wear a Santa hat and apron; she declined to wear the holiday attire because of her religion-Jehovah’s Witnesses. According to “Title VII of the...
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...with all U.S. employment regulations. The following information will be outlined in detail; Occupational Safety and Health Administration laws, sexual harassment policy, Americans with Disabilities Act, and Equal Employment Opportunity. Employees of Pomodoro Ltd., like all major companies, derive from different countries and cultures. Our goal is to educate our employees of all backgrounds so that we are all in compliance with the company’s guidelines. As a leader in the food and beverage industry it is especially important for our company to be aware and compliant of Occupational Safety and Health Administration (OSHA) laws. It is our responsibility as employers to comply with all applicable OSHA standards. Under the OSHA act employers are responsible for providing a safe and healthy workplace. OSHA regulations state all employee food service facilities and operations shall be carried out in accordance with sound hygienic principles. In all places of employment where all or part of the food service is provided, the food dispensed shall be wholesome, free from spoilage, and shall be processed, prepared, handled, and stored in such a manner as to be protected against contamination. (Safety and Health Regulations, 2012) All employees of Pomodoro Ltd. will be required to comply with all posted OSHA rules and regulations and pass a mandatory training class on workplace health and safety. Sexual harassment is defined by the U.S. Equal Employment Opportunity Commission (EEOC)...
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