...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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...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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...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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...Mr. Jones, As you are aware, a former employee has filed a claim with the Equal Employment Opportunity Commission (EEOC) against Toy Box Industries (TBI) under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the New Year, requiring employees to work 12-hour shifts with four days at work and then days off. The four workdays can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members had no change in their schedule and continue to work from 8:00 a.m. to 5:00 p.m., Monday through Friday. As requested, I have done some initial research into how the company should respond to the employee’s claim. Constructive Discharge Constructive discharge is a legal term that references a situation in which an employee feels “no other choice” but to resign their position due to alleged intolerable working conditions such as workplace harassment or discrimination as defined under Title VII of the Civil Rights Act of 1964. Two Supreme Court cases in 1998 provided some guidance regarding...
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...Literature Review of the Legal Aspects of Performance Management Ben France The importance of understanding the legal issues involved in performance management and the performance appraisal process have grown in the past few years as a result of the globalization of the world’s economy, and as a result of companies and organizations trying to become more productive at a lower cost. Most cases over the last few years have focused on the performance management process, and its ability to withstand legal scrutiny. Organization’s performance management systems are viewed as a test by the court system, and as they are used to make staffing decisions, merit decisions, and separation decisions, the systems themselves must be designed to minimize the chances of discrimination. In the present paper, the elements of the performance management system are examined as a foundation to help recognize the aspects of the process that are subject to litigations, and to help reduce problems that could result in legal disputes. In the Manager’s Guide to HR (Muller, 2009), the legal issues involved in the performance management process can be minimized by the proper planning, design, understanding, and actions involved in a well-designed process. “Proper preparation and structuring of a performance evaluation can transform it from a confrontation into a worthwhile collaboration between you, the employer, and the employee.” (Muller, 2009) The starting point of a legally sound performance...
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...LIT 1-Task 2 Situation A Employee A has taken a leave for 11 weeks and is now returning. Under The Family and Medical Leave Act (FMLA), our employee is eligible to return to his position, schedule and pay grade. According to your memo, he is asking for compensation for his time while on leave to be with his spouse who delivered twins. Employee A’s leave was unpaid. Under the Act, all eligible employees are entitled to 12 weeks of unpaid leave. This is including but not limited to, the bonding time that our employee took. It would have been wise for his previous manager to review his rights and responsibilities under FMLA and provisions regarding pay prior to going out on leave. That said, the information regarding this policy would have been covered in his orientation at the time he started his tenure here. Additionally, the information pertinent to FMLA and pay is contained in or employee handbook which is available online and every employee has a hard copy for review at their convenience Employee A does have some options available to him. If he has unused, accrued PTO, vacation time, or paid sick time, we can look to applying that to his leave time. It may not cover the entire time he was out, but it may help his burden as he will be obligated to pay the employee health benefits he was covered with while out on leave. Also if the employee had any supplemental insurance he may want to speak with his carrier to find out if he is eligible for any awards form it...
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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 As requested I’ve reviewed the situation for each of the employee you mentioned. I’ve detailed my findings below. Situation A I reviewed FMLA requirements to Employee A’s situation. First, Family Medical Leave Act (FMLA) requires 1,250 hours and 12 months of employment at the company (Wage, 2010). Employee A has been with Company X for two years; therefore this requirement has been met. Second, Employee A’s situation, his wife gave birth to premature twins, is eligible for FMLA unpaid according to The Family Medical Leave Act of 1993 (Wage, 2010). The Family Medical Leave Act of 1993, states employee is “…entitled to return to the same or similar position with the same benefits and rate of pay he was making before he went on FMLA” (Wage, 2010). Therefore, Employee A is entitled to return to the job he held; however, he is not entitled to payment during his leave. In summary, Company X is compliant with the Family Medical Leave Act of 1993. Therefore, Company X is not required to compensate Employee A for the 11 week time-frame he was unable to work. Situation B I have reviewed the situation of Employee B where he alleges age discrimination. Employee B is stating that he is being discriminated against when he failed to receive a promotion which he claims he was qualified to receive. His performance review from last month states his work was “above average”. The promotion was given to a co-worker who was 32 years old and...
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...Employment-At-Will Doctrine Sheryl Medford-Mark Professor Ellen Kapalko Law and Ethics in the Business Environment January 22, 2013 Introduction As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention. * For each category of behavior, describe what steps you would take to address the situation. 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: * The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her.” Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. First, I would go back and review all documents recorded during Jennifer’s interview and most importantly her resume. All other employees’ documents that were hired in the same and/or equal positions will be reviewed as well. All employees expect to hire the best qualified employees who have the right skills, competence and abilities...
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...The major role of the Equal Employment Opportunity Commission (EEOC) is to guarantee and promote equal job opportunities. The Commission enacted legislation prohibiting employment and workplace segregation based on people’s demographic characters. Some of the great laws against employment discrimination include the Civil Rights Act of 1964 and the Equal Pay Act of 1963 (Harvard Law Review, 2015). Due to the changing societal needs, the commission has enacted several other laws addressing these new employee requirements. For instance, the Commission proposed some amendments to the Age Discrimination Act. Successfully, the U.S Supreme Court upheld these proposed amendments terming them as an excellent way of promoting employee welfare. Despite the commission’s tireless efforts towards employment equality, some discriminatory measures are persistent in the labor department. Regardless of the government’s vigorous efforts towards promoting workplace gender equality, gender discrimination remains consistent. For instance, most employment cases filed in the courts of law are gender related. In spite of their academic qualifications and clear demonstrations that they can work as good as their male counterparts, women still face workplace discrimination. Notably, sex discrimination is not a predominantly female issue as it also happens to men (Harvard Law Review, 2015). However, male-related reported cases are entirely negligible. Societal culture and norms explain the unending gender...
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...potential employees and companies alike must remain cognoscente of. Essential items that must be included within a company’s policy manual consists of equal opportunity and employee rights, benefits, performance appraisals as well as employee separations. Through the reading of this review the reader will be enabled to understand why exactly these factors must be included within an organization’s policy manual. Employee Rights Within any company policy manual the legal rights of an employee is an essential inclusion. These rights include The Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, The Occupational Safety and Health Act, and the Americans with Disabilities Act. Having these such laws within the policy manual of an organization insures that the company is in compliance with all national and state employment laws where it is a necessity to provide each employee with their entitled right. These laws being stated also greatly assists the employees better understand what laws in fact are in place to protect them within the workplace. The policy manual is also a beneficial place to list these laws as both organization and employee can have one select booklet that lists are legal requirements by both parties. The Civil Rights Act was enacted in 1964. Title VII of this Act prohibits employment discrimination based on race, color, religion, sex and national origin. The inclusion of this act is pertinent to both...
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...elementary division manager | subject: | review of constructive discharge allegations | date: | May 1, 2014 | cc: | toy company attorney | | | A. Constructive Discharge as a Legal Concept Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination on the basis of race, color, religion, sex and national origin. When an employer engages in practices that create a hostile work environment for any of these protected groups, making conditions so intolerable that an employee feels compelled to resign, it is known as constructive discharge Former employee Andy Anderson now alleges that our company engaged in religious discrimination when our production schedule changes went into effect at the first of the year. The changes required all production employees to occasionally work on a religious holy day, and Mr. Anderson has submitted a constructive discharge claim with the U.S. Equal Employment Opportunity Commission (EEOC). According to an article in the University of Chicago Law Review, courts generally apply two tests when deciding if constructive discharge has occurred. The first is the reasonable person test, meaning that the working conditions are so intolerable that a reasonable person would conclude that resigning is the only recourse. The second is the specific intent test. The plaintiff must show that the employer “created those conditions with the specific intent to cause the employee to resign” (Finnegan, 1986). Mr. Anderson’s...
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...Equal Employment Opportunity and Employee Rights Review Witty Wonders HRM/300 Equal Employment Opportunity and Employee Rights Review The first law that the Witty Wonders chose from List “A” is the Civil Rights Act of 1964. This law played a major role in making sure that employees and individuals were not discriminated against in any way. The Civil Rights Act helped reduce employment discrimination better than any other legislation has. This Act was divided into sections called titles, which each part handle different types of discrimination. Dealing with Human Resource Title VII is considered to be relevant (DeCenzo & Robbins, 2007). Title VII does not allow any employer to discriminate any individual when hiring, dismissal, compensation, promotion, benefits, or any other privileges or conditions of employment. This is based on religion, gender, race, color, or national origin. This Act also prohibits any acts of retaliation towards or against any individual who has file or plan on filing a lawsuit. Most companies are covered under this Act providing that the organization has 15 or more employees. The Civil Rights Act of 1964 was challenged in court by a case known as Katzenbach v. McClung and Heart of Atlanta v. United States. This was a case about a 216 room Heart of Atlanta Hotel located in Atlanta, Georgia, whom was in violation of this law. This business refused to rent rooms to black patrons. The owner, Moreton Rolleston tried to argue in Federal...
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...costs down. The employee that was involved in this incident is trying to claim that he is a victim of constructive discharge under Title VII of the Civil Rights Act of 1964. As a legal concept, constructive discharge is relevant in this scenario since our employee resigned because he felt that we, as an employer, created a policy that affected his religious life and forced him to quit. The California Supreme Court states, “In order to establish a constructive discharge, the employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign” (Turner V. Anheuser 1994). Title VII of the Civil Rights Act of 1964 “prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin” (Find US Law, 1964). Because our organization consists of more than fifteen employees, we fall under this title and specifically in regards to religion in this situation. The EEOC, The Equal Employment Opportunity Commission, enforces Title VII and states that an individual must file a complaint of discrimination within 180 days of learning of the discrimination or the individual may lose the right to file a lawsuit. This employee did file in a timely...
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...| The Toy Company’s Attorney and the Human Resources Director is investigating an employee complaint of Constructive Discharge Claim to the Title VII of the Civil Rights Act of 1964. In order to control cost we are doing an initial response on how should the Human Resources and the Company’s Attorney should respond to the employees claim. A. Constructive Discharge How constructive discharge is relevant to this case? An employee filed a claim against the toy company under the Title VII of the Civil Rights Act of 1964 of Constructive Discharge. The employee was not happy about the change in the work schedule, which requires him to work on his religious holiday. The Toy Company existing work shift policy is starting 8:00 am to 5:00 pm, Monday through Friday. However, the new work policy for the beginning of the year would be a 12-hour shift from Monday through Sunday. According to USLegal.com, "Constructive Discharge is when working conditions are as intolerable as to amount to firing, despite the lack of a formal termination notice. (USLEGAL, 2001-2014)” The employee strongly felt that the new work policy would be very unpleasant or the conditions to work on his religious day would be unworkable, so he quit his job. B. Title VII According to the U.S Equal Employment Opportunity Commission, the definition of Title VII of the Civil Rights Act. “To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide...
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