...The United States Equal Employment Opportunity Commission “is accountable for implementing federal laws that make it unlawful to be discriminatory against any person applying for a job based on the individuals race, color, religion, sex including pregnancy, gender identity, and sexual orientation, national origin, age 40 or older, disability or genetic information. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits” CITATION USE \l 1033 (U.S. Equal Employment Opportunity Commission, n.d.). It is also unlawful to discriminate against an individual that has filed a complaint due to discrimination or participated in an investigation regarding discrimination. The Equal...
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...Situation A - Family and Medical Leave Act of 1993 In this situation Employee A has taken 11 of his guaranteed 12 weeks of leave provided by the Family and Medical Leave Act of 1993 (FMLA). This leave is unpaid, however ensures that the employee’s medical coverage is maintained during the entire absence from work. “The 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” (United States Department of Labor, 2015). To be eligible for family or medical leave, an employee must have worked for the employer for a minimum of 12 months, completed 1,250 hours of work in the last 12 months and work at a location with a minimum of 50 employees in a 75 mile radius (United States Department of Labor, 2015). Employee A has been with the company for the required time and the company has more than the required number of employees, it is never stated if he has achieved the minimum number of work hours requirement. There are a variety of reasons that a person can request leave and they include birth of a child, care for a newly adopted or fostered child, or serious health condition of an employee or immediate family member. Employee A is taking leave in part because his wife is delivering prematurely. This is covered under the FMLA since he is experiencing a family medical situation and caring for his newborn child. Employee A has only used 11 of...
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...Equal Employment Opportunity "There are no ‘white’ or ‘colored’ signs on the foxholes or graveyards of battle" (John Fitzgerald Kennedy, Message to Congress, 19th June 1963). Two months after President John F. Kennedy assumed his role as the President of the United States of America he issued Executive Order 10925. This order first established the President’s Committee on Equal Employment Opportunity Commission. The mission of the committee was to end discrimination in employment by government and contractors (Cahn, 1995). Federal Discrimination laws were put in place to prevent discrimination based on race, religion, sex, national origin, physical disability, and age by employers. Discrimination includes bias in hiring, promotion, termination, job assignment, compensation, and various types of harassment. According to the United States Equal Employment Opportunity Commission (2011), it is unlawful for supervisors or managers in the workplace to make employment related decisions based on stereotypical assumptions about individuals of a particular national origin, race and/or color or for any employee to engage in bias motivated conduct that creates a hostile work environment for anyone. In today’s workplace environment it’s not uncommon to have people with different cultures, religion, races, nationalities, and genders for this reason frictions between people are expected. It is unbelievable that, to this date and age, when laws protect the employees from discrimination,...
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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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...Employment Law Compliance Plan Carrie "Shellie" Cobbs Human Capital Management HRM 531 Linda Johnson March 15, 2015 Employment Law Compliance Plan atwood and allen consulting memorandum to: Traci Goldeman from: Shellie Cobbs subject: Employment Law compliance plan for 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...
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...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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...Running head: LIT1 TASK 310.1.5-02, 11, 13 LIT1 Task 310.1.5-02, 11, 13 Western Governors University 1 LIT1 TASK 310.1.5-02, 11, 13 2 LIT1 Task 310.1.5-2, 11, 13 Situation A The Family and Medical Leave Act of 1993 (FMLA) contains several important provisions that are applicable and will be considered in Situation A. I have outlined these provisions below. First, according to U.S. Department of Labor, Wage and Hour Division, Fact Sheet #28 (U.S. Department of Labor, Wage and Hour Division, 2010), the FMLA applies to public employees such as state and local governments, some federal employees, and all private-sector employees. Since Company X is a private organization, it falls within the bounds of this act. Second, the act specifies a private-sector entity that employs more than 50 employees is subject to its regulation (U.S. Department of Labor, Wage and Hour Division, 2010). Company X currently serves as an employer for more than 75 workers and therefore its employees may utilize the benefits of the FMLA. Third, the employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: for the birth and care of a newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; to take medical leave...
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...HCS/341 Legal, Safety, and Regulatory Requirements The United States regulates employment organization practices through state, federal, and local level laws. Human resources processes within the workplace are impacted by regulatory requirements. Regulations such as legal and social are necessary for organizations to control the existing workforce as well as future labor supplies within the workplace. The paper will attempt to discuss the effects that regulations have on the processes within the human resources department when relating to rationale and compassion within the workplace being replaced by litigation. The Civil Rights Act of 1964 is a law that was put into effect to protect individuals from being discriminated against during hiring processes. The Civil Rights Act has three sections which include equal opportunity, affirmative action, and sexual harassment (Cliff Notes, 2011). These three sections have an impact on the human resources department and it is important that human resources managers comply with these laws. The Equal Employment Opportunity (EEO) laws protect individuals from being discriminated against based on their age, gender, or race. Equal Employment Opportunity regulations help ensure that all individuals are given an equal opportunity when applying for a job or when individuals are considering working towards a promotion. Affirmative action requires that employers put forth additional effort to select and promote individuals who belong to a protected...
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...Equal Employment Opportunity and Employee Rights Luis Carrasco, Jade Hadfield, Jo Hemenway, Stafford McClendon, Emily Sementilli, Misty Wightman November 4, 2012 HRM/300 Timothy Turcotte Equal Employment Opportunity and Employee Right Over the course of history in the United States there have been many laws put in place to protect employees and employers. The Americans with Disabilities Act of 1990 and the Equal Employment Opportunity Act of 1972 are two such acts signed into law. Each of the laws protects workers from termination for causes outlined in the acts. The Americans with Disabilities Act of 1990 is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Drug testing has become popular in many businesses in today’s society. This upsets many employees because they think that what they do on their own time does not affect what they do at work. The Americans with Disabilities Act of 1990 was put into place to make it easier for American’s that have disabilities to navigate. There are five different categories of this Act...
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...Employment Law Compliance Plan HRM/531 Human Capital Management February 10, 2014 To: Bradley Stonefield Landslide Limousine Service Austin, Texas From: Atwood and Allen Consulting Date: February 10, 214 Subject: Employment Law Compliance Plan As per the conversation, the formulation of an employment law compliance plan is the request. Mr. Bradley is planning to start a limousine service in Austin, Texas. The goal is to have 25 employees within the first of the year of business. This memo will provide a description of the employment laws and how they should be applied in the company. A brief description of penalties that may arise for noncompliance of the various laws will be evident in the content of the memo. To remain in compliance, it is necessary for the company to abide by the laws. The purpose of the memo is to identify five laws that will affect the limousine service located in Austin, Texas. 1. Age Discrimination in Employment Act of 1967 2. Immigration Reform and Control Act of 1986 3. Americans with Disabilities Act of 1990 4. Family and the Medical Leave Act of 1993 5. Sexual Harassment in the Place of Work Age Discrimination in Employment Act of 1967 The Age Discrimination in Employment Act of 1967 requires employees to avoid employment discrimination against anyone at least 40 in the United States (Employment Law Firms, 2013). The Civil Rights Center of the United States organized the law to encourage employment of older individuals by...
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...employees to feel safe and secure. In the health care environment the workplace is filled with different personality types. The differing needs creates a challenge for the department of human resource in maintaining a safe and comfortable workplace. To balance and create a structure environment the Department of Labor Law and the Equal Employment Opportunity Commission have set laws in which must be complied by both the organization and the employee. The common sense and compassion in the workplace have been replaced with litigation to better serve and protect the workplace. Discrimination plays a vital role in employee satisfaction and should employees consider he or she is being discriminated against for any reason have rights to be protected. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that make it illegal for any workplace to discriminate an employee because of race, color, religion, sex, national origin, age, disability, or genetic information (U.S. Equal Employment Opportunity Commission, n.d.). Training and education on preventing discrimination is emphasized by The Equal Employment Opportunity Commission. The EEOC has implemented laws and guidelines for employees to follow and maintain a safe effective work environment. The requirements of legal and safety in the health care field are essential to the human resources department and need to make sure that the staff is following all requirements by the...
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...Case Study: Pomodoro, Inc.: Food and Beverage industry. USA employment related Laws and Regulations which includes Anti- sexual harassment and a comprehensive interpretation of the laws as they apply to Pomodoro, Inc. Introduction: Pomodoro, Inc. will need to become familiarized with the employment laws and regulations that are governed by the United States Department of Labor and the United States Equal Employment Opportunity Commission. This paper will give a summary of each law or regulation. This position paper is going to brief the audience globally on the USA employment laws and regulations but not limited to Sexual harassment, Wage and Salary Legislation, Recruitment, Interviewing, Affirmative Action, Equal Employment and the ADA. This paper will go over the history of a few of the important acts that have been passed over the years to protect employees in the United States. It will also discuss the major protections that these acts provide and who are eligible for that protection. Now that the Pomodoro, Inc. is now a global business environment, the working individual overseas are relying on paid work, to make a living, and for the social and economic wellbeing of the community where they live, and encouraging more and more people, organizations, even nations to concern about the employment relationship. ('UK'). What is Employment Law and why is it important? Employment laws are put into place to protect employees from any mistreatment by their employers...
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...Employment Discrimination Trends HRA 596 July 26, 2012 Executive Summary The Equal Employment Opportunity Commission (EEOC) is responsible for investigating any legitimate claim of discrimination. Since it was created in 1965, the EEOC has investigated hundreds of thousands of claims on race, age, sex, age, religious, and disability discrimination. These investigations are then compiled into detailed reports that show the type of discrimination and the number of claims filed for each per year. These reports demonstrate that in spite of the EEOC’s continued prevention efforts in the form of education and outreach programs, the number of discrimination claims have continued to increase. The reports by the EEOC also demonstrates the current and previous trends in discrimination claims, which allow one to get an idea of which claims are prioritized, although all claims are dealt with and taken seriously by the EEOC. Employment Discrimination Trends The role of the Equal Employment Opportunity Commission (EEOC) is to ensure that federal laws put in place to prevent employment discrimination based on an applicant’s “…race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (“Overview,” n.d., para. 1). The EEOC is responsible for preventing or investigating any claims of discrimination that occur based on these criteria. The EEOC also educates employers on discrimination laws and methods of ensuring...
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...Affirmative Action kelton Smith MGT/434 June 20, 2014 Affirmative Action Affirmative action remains a program or policy that takes measures actively to ensure, concerns for general education, equal opportunities, parliament or government seats, and employment (United States Department of Labor, 2002). The initial policies proved intended for helping blacks began fairly, but evolved into more for every American (Bennett-Alexander & Hartman, 2012, p. 272). The author will elaborate on why organizations remain subjects to affirmative action. The author will also explain what the plans require of employers, and list in detail what happens if the goals of the affirmative action plan remain unaccomplished. The Affirmative Action Plan The requisites of laws, regulations, rules, and court cases that mandate affirmative action and nondiscrimination, which agencies must plenarily meet in particular situations present as compliance. An EEO-1 annual report is required from private organizations that house 100 or more workers and with federal contract regimes of $50,000 and 50 workers or more for federal contractors (Bennett-Alexander & Hartman, 2012, p. 242). The process helps to provide a head count of the organizations workforce in categories of job, gender, race, and ethnicity. In addition, the process will also help eliminate discriminating and treatment toward groups or persons based on sex, race, or protected classes illegally. Disparate impact and disparate treatment...
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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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