The Terms Common Sense and Litigation - Essay Example

? Legal, Safety, and Regulatory Requirements s Institute of affiliation Legal, Safety, and Regulatory Requirements It is pertinent to that the current governmental strategies are planned under several departments so that the departmental issues can be solved in a professional manner. In most cases, the US department exercised ruling by acknowledging compassionate and common sense. Of late, nearly all the departments have embraced the use of litigation in examining the effect of safety, legal and regulatory requirements primarily in the department of the human resource. This essay, will analyze how several departments for instance the employee related regulations, labor department ,commission of the employment equality and the home security department just to mention but a few are able to practice litigation instead of common sense and compassion. First, it is worth to note the terms common sense, litigation, and compassion are crucial in the daily operations of departments. Common sense entails the attention you award to the obvious, and it is common to every individual, but again people tend to become lost to their own fantasies. Compassion on other hand means the convergence of the strong feelings. Lastly, litigation stands for the legal process that stimulates the argument of parties against each other on their cases. Here in most cases arguments end up in courtrooms or usage of discovery whereby the parties involved bears the name litigants. During this period, the parties are required to bring out their evidence to support their facts. The above process continues until all the parties have reached to a conclusion and after resolution, or trials are made. It follows that the above process is common in almost every departments in the US and that for any department to reach a consensus a court should participate. It is evident that for the department of human resource to be independent there are several safety laws, legal laws and requirements that does abide all the departments to prevent the suits of laws against companies. It is pertinent that human resource should be under the rules distinguished by the labor department of the US, commission of the equal employment opportunity, the act of 1990 on American disability, home security departments just to sample but a few. The above bodies gave out laws so that the employees can be protected from any forms of exploitation as mistreat or untimely firing. Therefore, according to the above statement, it is evident that common sense or compassion has been replaced totally by the litigation act (Cott, 2004, P.120). More importantly, it is required that for any person who is in the department of the human resource should understand both the resources and the job so that the additional information required to prevent the lawsuits should be adhered to. Uniquely, the labor department of the US does not only enforce but also do administer almost 180 laws of the federal government. However, the above ensures that many work place activities employed by the employers suits both the employees and employers under certain control and regulations. It is worth noting that the U.S labor department promotes, fosters and also develops the welfare of the job seekers, wages earners and also the united states retirees .thus, litigations unlike the common sense or compassion phenomenon, has ensured that there is improved working conditions, profitable employments in advanced opportunities and assured working rights and benefits. The 1990 act of the disability with Americans is the law related to the disability and relatively many Americans are familiar with it. Apparently, the most known law is the ADA, since it applies to a much broader range of individuals, business, and organizations than any law that has followed (Jasper, 2008. p. 68). The most attracting part of the act 1990 of the disability is that private sectors have been prohibited to employ fifteen persons and labor organizations, employment agencies and join labor committees, which tend to discriminate the individuals who are qualified and are disabled from aspects of employment. Hence, the act of litigation here is in control and that common sense and compassion are no longer in use since they can misdirect managers and human resource personnel. Notably, the employment opportunity of the US is an agency that is under federal government and that they have mandate of enforcing laws that primarily prohibits job discriminations. Here are the laws that are covered by the equal employment opportunity in the US government. Civil rights of 1964 act, the above act prevents race discrimination, color, sex as well as religion and not forgetting origin of an individual. Another law that the above act covers is the equal pay act, discrimination in terms of age to mention but a few. In addition, the act of American with disability (ADA) is said to be the first comprehensive civil rights that was concerned in the addressing of the needs of the disabled individuals. Further, it ensured no prohibiting and employment discrimination, public accommodations and services as well as telecommunications. It is pertinent that some of the litigation of the ADA lay bares the prevalent, discrimination experienced by the disabled and the oftentimes overt. Some of the examples of the ADA litigation commissions are lifetime benefit limitations of $ 50,000 for aids victims. Another litigation involved relief of both the compensations and punitive damages to mention but a few. The above acknowledges that fact that, common sense and compassion has no room in human resource departments and that litigation is in total control. Another fascinating department is the homeland security. Here, this department deals precisely on the immigration to the United States. The foreign nation’s seekers are issued with visas by the United States immigrant department. Fortunately, this department (home security) has the mandate of admitting individuals who seeks the short-term entry to the United States or immigrants. It is required that United State immigrant department should converse with the homeland security department not only on the application of the legal residence known as the green card but also on the process of the naturalization. The homeland security and the department of the state ensure transparency and consistency and so it follows that the two above work connectively in the administration of the border security, visa, and the travel facilitation (Cooper, & Block, 2006. p.123). To crown it all, all the above departments the homeland security, act 1990, the department of the Americans with disabilities, the US employment opportunities, department of labor and the employee related regulations of the US has totally embraced the legitimization. This is to ensure all the human resource managers should provide required services to all the natives of Americans as per the laws and not the use of common sense, which could be biased to some extent. Fortunately, the above enforces the effect of the safety, regulatory requirements, and legal in the human resource departments. References Cooper, D. & Block, F. (2006). Disaster: Hurricane Katrina and the failure of Homeland Security. New York: Times Books. Cott, N. F. (2004). History of women in the United States: historical articles on women's lives and activities. Munich: K.G.Saur. Jasper, M. C. (2008). Americans with Disabilities Act (2nd ed.). New York: Oceana. Read More