HRM 300 Week 3 Individual Assignment Employment Laws Chart
HRM 300 Week 3 Individual Assignment Employment Laws Chart
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Date Created: 11/06/15
Employment Laws Chart HRM300 Fundamentals of Human Resource Management Complete the chart below using information from the weekly readings and additional research if necessary Employment Law Description and Requirement of Law Court Case Influential to Establishment of Law Importance of Law Workplace Application Civil Rights Act of 1964 The Civil Rights Act of 1964 was put in place to avoid discrimination in hiring compensation conditions and privileges of employment based on race religion color sex or nationality DeCenzo amp Robbins 2007 Katzenbach v McClung and Heart of Atlanta v United States Legal Information Institute 201 1 Civil Rights Act of 1964 ensures that all applicants are afforded an equal opportunity of being hired and there is no discrimination with respect to one s gender religion race color or origin It also ensures that job candidates are selected and considered because of their skills and talent Under the law employers are required to post signs with the Title VII description in employee breakrooms This helps ensure that companies are meeting the requirements and that they are hiring and promoting minorities which can protect them against discrimination law suits Equal Employment Opportunity Act Guaranties employee s fair treatment Employers are not allowed to discriminate against employees on the basis of age race sex creed religion color or national origin DeCenzo amp Robbins 2007 McDonnell Douglas Corp v Green Legal Information Institute 201 1 The importance of the Equal Employment Opportunity Act is to ensure that the Civil Rights Act requirements are being followed and gives power to the Employment Commission Companies ensure that they are meeting requirements and being mindful that they are hiring women and people of different origins and races Equal Pay Act Requires that men and women in the same workplace be given equal pay for equal work Schultz v Wheaton Glass Co 1970 The Wage Gap 2011 The Equal Pay act is important because it ensures that everyone regardless of sex be paid the same wage for identical jobs In the workplace today women are getting paid for their knowledge and experience Companies are using different aptitude tests to determine pay HRM300 Fundamentals of Human Resource Management Age Discrimination in Employment Act of 1967 Enacted to protect employees ages 40 to 65 from discrimination In 1986 amended to eliminate the upper age limit altogether DeCenzo amp 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 The importance of the ADEA is that it protects the older working force from discrimination In today s economy the retirement age is getting higher and there for there are more older people looking for work than before WalMart is a great example of workplace application because they are known for hiring senior citizens to be door greeters Americans with Disabilities Act of 1990 Prohibits discrimination against an essentially quali ed individual and requires enterprises to reasonably accommodate individuals Tennessee v Lane in 2004 ushistorycomnd The importance of this act is that it requires companies to make reasonable accommodations to employees with disabilities so that he or she can perform their job Companies accommodate employees with disabilities by using elevators brail and TTD and speaking technology Civil Rights Act oi 1991 The updated version of this act nullified select supreme Court decisions and reinstates burden of proof by employer and allows for punitive and compensatory damages through jury trials Wards Cove Packing Co v Atonio date Because some companies do not disclose everything that is in an employee s file this makes it hard to prove a case of discrimination Unemployment works the same way Family and Medical Leave Act FMLA of 1993 Permits employees in organizations of 50 or more workerseach state is different to take up to 12 weeks of unpaid leave for circumstances outlined in the act There is no case that established the law It was put in place to help working families balance work and family life Ragsdale V Wolverine World Wide Inc 2002 The importance of this act is that it makes it easier to balance family work and other obligations without fearing losing their jobs If you have a child adopt a child or if you yourself become sick or have a sick parent child or spouse you may be eligible to take unpaid time off to be with them without the fear of losing your job Privacy Act of 1974 This act changes the imbalance of information It only applies to federal Was passed as a precautionary measure by the Senate and House of Makes sure that individuals have the right to look at their employee file to make An example of this would be that companies are required to send out HRM300 Fundamentals of Human Resource Management government and requires that personnel files be open for inspection Representative Epic 201 1 Stanmore Cooper V FAA 2010 sure that information is accurate privacy notices to their customers DrugFree Workplace Act of 1988 This act requires certain government related groups to make sure that their workplace is drug free Enacted by Congress as part of an antidrug legislation in 1988 Emerald Steel Fabricators V Bureau of Labor and Industries 2010 The importance of this act is that it ensures the safety of all employees by ensuring that no one will be working while under the influence of drugs Drug testing as part of an application process and if an employee is hurt on the job most companies require a drug test when they go to the hospital Polygraph Protection Act of 1988 Prohibits employers to use polygraph tests in a job application process On June 27 1988 Congress enacted the Employee Polygraph Protection Act 1 to regulate the use of lie detector devices in the workplace Harmon V CB Squared Services 2009 The importance of this act is that it protects employees from being asked nonjob related questions and keeps employers from violating pnvacyissues The type of polygraph testing does not apply to workplace applications because it is unreasonable for employers to ask applicants to take a polygraph as part of the application process Worker Adjustment and Retraining Notification Act WARN of 1988 Makes sure that employers give notification to employees about plant closings or layoffs This became law without President Ronal Reagan s signature through the use of vetoproof Democratic majority in Congress United Food Workers V Brown Group Inc 1996 The importance of this law is to protect employees of a company in the wake of a shutdown or layoff It allows employees to find jobs to support their families The law requires employers to give a 60 day no ce Companies often give severance packages to employees based on the years of service with the company when they close to help ease the burden of losing their job HRM300 Fundamentals of Human Resource Management References DeCenzo D A amp Robbins S P 2007 Fundamentals of human resource management 9th ed Hoboken NJ John Wiley and Sonamp epic 2011 Privacy Act of 1974 Retrieved from httpepicorgprivacy1974act Legal Information Institue 2011 Equal Opportunity Act Retrieved from httptopics1awcorne11eduWeXequa1employmentopportunitycomrnission The Wage Gap 2011 Retrieved from httDhttDWWWinf0D1easecomSnotequalnavact1html