Major American employment-related laws and regulations - Case Study Example

 Major American employment-related laws and regulations American employment-related laws and regulations Introduction Human resource managers must understand the labor laws that outline the rights of both workers and the employer. Title VII of the Civil Rights Act 1964, the Americans with Disabilities Act 1990 and Section 501 of the Rehabilitation Act 1973 prohibits employers from engaging in discriminatory practices in their employment matters. In this case, the organization is prohibited from discriminating a individuals on the basis of race, religion, color, sex, national origin, sex or disability in employment matters such as hiring, discharge, compensation or promotions. The Pregnancy Discrimination Act amended Title VII of the civil rights Act thus making it illegal to discriminate against women on the basis of pregnancy, childbirth or any other medical condition that is related to childbirth. In this case, Pomodoro Ltd is prohibited from engaging in retaliatory measures to female employees who complain against discrimination or those who file charges against the company. The Equal Pay Act of 1963 requires men and women who perform equal work to receive equal pay (United States Department of Labor, 2013). Harassment in the workplace is any form of discrimination that violates Age discrimination in employment Act 1967, American with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Pregnancy Discrimination Act and other regulations that aim at prohibiting harassment in workplace (Hemphill & Haines, 1997). Covey (2007) asserts that harassment is unwelcome conduct that is based on color, race, religion, sex, national origin, pregnancy, disability or age and leads to discrimination and unequal opportunities in employment matters. Harassment is outlawed when enduring the offensive conduct is a condition for employment or when the conduct creates a hostile work environment that is considered as intimidating, abusive and hostile to the employee (United States Department of Labor, 2013). Sexual harassment in the workplace includes ‘quid pro quo’ harassment that occurs when employment decisions or treatment is based on submission to unwelcome sexual conduct or hostile work environment that leads to unwelcome sexual conduct of customers, supervisors, and contractors (Dale, 2005). Some behaviors that perpetuate unlawful sexual environment include commenting on the physical attributes of the employee, unnecessary touching, discussing sexual activities and displaying of sexually suggestive pictures. In this case, the Department of Labor (DOL) policy prohibits all forms of harassment in the workplace and the employer must implement a harassment policy that facilitates reporting and investigation of instances of the unlawful behaviors that contribute to harassment (LeMoncheck & Hajdin, 1997). Harassment hinders employee productivity through increased turnover and absenteeism. In addition, harassment negatively affects the organizational reputation and may lead to costly legal suits (Weizer, 2002). Pamodoro Ltd must ensure the workplace is free from any materials that are sexually offensive such as graffiti and nude posters. The management must implement a strong anti-harassment policy and provide training to the employees, customers and suppliers. The policy must prohibit sexual jokes, comments on person’s body or sex life, sexually demeaning comments, sexually suggestive gifts, touching or patting in a sexual manner, or blocking a co-workers movement (Badgett & Frank, 2007). According to U.S. Equal Employment Opportunity Commission (2013), the management must provide periodical training on harassment matters and have multiple channels of making harassment complaints. The complaints should be kept confidential in order to minimise instances of retaliation and all complaints must be investigated and appropriate action taken to the aggressor (Saguy, 2003). The management must prohibit intimate relationships in the workplace and all forms of discrimination that can lead to harassment in the workplace. Accordingly, all cases of retaliation or discrimination must be reported and investigated in a timely manne,r and appropriate action taken (Marshall, 2005). The Equal Employment Opportunity Commission (EEOC) requires companies to implement employment policies that foster diversity and cultural awareness especially if the business has international employees (U.S. Equal Employment Opportunity Commission, 2013). Diversity in the workplace encourages innovation and creativity in new product development and enhances the ability of the business to compete in global markets. Diversity polices include affirmative action guidelines that increase the number of women in the workforce, the ethnic composition of the employees, the level of respect of cultural differences and stereotype management (Marshall, 2005). In this case, Pamodoro Ltd must encourage diversity and affirmative action that ensuring the workforce contains individuals from different ethnic backgrounds, different ages, different religions, and unique cultural beliefs and attitudes. The U.S employment laws and regulations entails the Fair labor standards Act that regulates minimum wages and overtime pay to $ 7.25 per hour for employers covered by the Act. The organizations can pay employees on a piece-rate basis as long as the pay is equivalent to the statutory minimum hourly wage rate and overtime for the hours workers in excess of 40 hours per week (Twomey, 2010). For hours worked in excess of 40 hours per week, the employer is supposed to pay at least one and half times the regular pay rate. This Act applies to employers with interstate commerce or those businesses with not less than $ 500,000 in annual dollar volumes of revenues. The fair labor standards Act is administred by the Wage and Hour division and includes the prohibitions on child labor, the requirements for record keeping and penalties for non-compliance. Violators of the standards may face criminal prosecution and fines of up to $ 10,000 (Twomey, 2010). The employment laws include the safety and health standards that are regulated by the Occupational safety and Health Act (OSH Act) of 1970 that is administered by the Occupational Safety and Health Administration (OSHA). The Act applies to employers in different industries such as manufacturing, agriculture, construction, medicine and other organizations that need to safeguard the health and safety of employees in the workplace (Alibekova & Campbell, 2007). Compliance with OSHA standards requires implementation of controls to limit physical exposure to physical hazards, toxic hazards, provision of protective equipment and training of employees on the need to adhere to the safety rules in the workplace. The employer is expected to have a well documented job health and safety policies and maintain records of accidents and injuries that occur in the workplace (Landy, 2005). The employer must maintain records of work-related accidents and injuries that result to loss of consciousness, medical treatment beyond first aid, job transfers, days off work and death. The employer must report conditions such as needle-injury that is contaminated with infectious material, injuries involving hearing loss, tuberculosis infections and cases that require medical removal as per the OSHA health standards (Badgett & Frank, 2007). The employer must report the OSHA office within eight hours after employee death or hospitalization of three workers either in person or through telephone. Violations of OSHA standards attract heavy penalties and may lead to imprisonment if the offense is punishable by court as per the Omnibus Crime Control Act of 1984 (Alibekova & Campbell, 2007). The employer must adhere with the health benefits, retirement standards, and workers’ compensation laws as outlined by the Employee retirement income security Act. The employee have a right to receive information regarding their health benefit plans and pension and to recover any benefits due under the plans (Landy, 2005). The Family and Medical leave Act grants the employees right to a 12-month leave and family leave for the care of child or immediate family members or medical attention in serious health conditions (Walsh, 2013). Conclusion Harassment constitutes all discriminatory practices that act as condition for employment. Sexual harassment is any unwelcome verbal or non-verbal comments of sexual nature that are intimidating, abusive and hostile. Submission to such conduct is made a condition for employment matters such as compensation, transfers and promotion or such conduct creates a hostile work environment that demeans the dignity or productivity of the employee. Sexual harassment is prohibited Title VII of Civil Rights Act, Pregnancy Discrimination Act and other laws and the office of Equal Employment Opportunity Commission requires all employers to implement policies that prohibit such discriminatory practices. Sexual harassment should be reported in timely manner, investigated and appropriate correction action taken in order to avoid future harassment. Prohibition of harassment and encouragement of diversity leads to innovative workforce, positive organizational reputation and competitive edge in attracting highly qualified global workforce. References: Alibekova, A & Campbell, D. (2007). Employment law. New Delhi: Kluwer Law International. Badgett, L & Frank, J. (2007). Sexual orientation discrimination: an international perspective. New York: Routledge. Covey, A. (2007). The workplace law advisor: from harassment and discrimination policies to hiring and firing guidelines-What every manager and employee needs to know. New York: Basic Books. Dale, C.V. (2005). Sexual harassment and violence against women: developments in federal law. New York: Nova Science publishers. Hemphill,H & Haines, R. (1997). The solution to the workplace dilemma: diversity training failed to stop discrimination and harassment. Westport, CT: Quorum Books. Landy, F. (2005). Employment discrimination litigation: behavioral, quantitative, and legal perspectives. Hoboken: John Wiley & Sons. LeMoncheck, L & Hajdin, M. (1997). Sexual harassment: a debate. Lanham: Rowman & Littlefield Publishers. Marshall, A. (2005). Confronting sexual harassment: the law and politics of everyday life. Aldershot: Ashgate. Saguy,A.C. (2003). What is sexual harassment?: from Capitol Hill to the Sorbonne. Berkeley: University of California Press. Twomey, D.P. (2010). Labor & employment law: text & cases. Mason, OH: South-Western Cengage Learning. U.S. Equal Employment Opportunity Commission. (2013). “Harassment”, Accessed on 12 December 12, 2013 from http://www.eeoc.gov/laws/types/harassment.cfm. United States Department of Labor. (2013). “Employment law guide: laws, regulations, and technical assistance services”, Department of Labor, Update on September 2009. Accessed on 12 December, 2013 from http://www.dol.gov/compliance/guide/. Walsh, D.J. (2013). Employment law for human resource practice. Mason, OH: South-Western Cengage Learning. Weizer, P.I. (2002). Sexual harassment: cases, case studies and commentary. New York: Routledge. Read More