Equal Employment Opportunity and Employee Rights Review Paper Klista Odgers HRM/300 University of Phoenix Online October 29, 2012 Dwight Walker Introduction In the face of rising technology, globalization, and productivity some workers find themselves at a disadvantage to their efforts to retain employment. To prohibit discrimination, the United States has governed laws that protect the citizens from all types of discriminations. This allows organizations to focus on promoting employment based on a person’s abilities. The two laws chosen for review are the Pregnancy Act of 1978 and Family and Medical Leave Act of 1993.
We will also discuss Drug-Free Workplace Act of 1988. Provide a General summary of each Law The Pregnancy Discrimination Act of 1978, was an amendment of Title VII of the Civil Rights Act of 1964 that prohibited sex discrimination on the basis of pregnancy (“U. S. Equal Employment Opportunity Commission”, 2012). That section 701 of the Civil Rights Act of 1964 is amended and states the terms “because of sex” or “ on the basis of sex” include, but not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions (“U. S.
Equal Employment Opportunity Commission”,). The act states women affected by the above terms shall be treated the same for all employment-related purposes. Next, is Family and Medical Leave Act of1993, entitles employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with the continuation of group insurance coverage under the same terms and conditions as if the employee had not taken leave. The final summary describes the Drug-Free Workplace of 1988. This act requires certain related groups to make sure that their workplace is drug free.
The importance of this act is that it ensures the safety of all employees by ensuring that no one will be working under the influence of drugs. For each selected law or issue, locate a present-day court case The Pregnancy Discrimination Act of 1978 Months ago, a statement was made by a contributor for the Presidential Campaign, suggesting that there is no reason why business owners should be obligated to provide any special provision to the medical health plan in the workplace for female comprehensive insurance plans for contraceptive.
This individual felt as if the Federal Health Care Reform Law was not necessary, but the Institution of Medicine, researched and found that access to contraceptive is vital to a woman’s health, and as August 2012, women are able to file Temporary Disability, at work after giving birth or during pregnancy. They can ask for special accommodations because of this medical condition, and the employer must provide insurance which covers any related issues to reproduction. Family and Medical Leave Act of 1993
The Supreme Court ruled Tuesday that states cannot sue under the Family and Medical Leave Act for refusing to give an employee time off to recover from an illness. One justice said the decision “dilutes the force “of the law that allows millions of working Americans time off to care for sick family members or to have children. Daniel Coleman asked for a 10-day medical leave to deal with hypertension and diabetes in 2007, and said he was wrongfully fired after his request was denied. He sued for $1. million in damages under the Family and Medical Leave Act, but his lawsuit was thrown out, with the 4th U. S. Circuit Court of Appeals saying states could not be sued under the FMLA (the Huffington post). Drug Testing Currently, in the state of Florida the Federal Appeals court is battling arguments of a judge ruling against the idea that the government would violate the rights of the citizen of Tallahassee, by requiring any individual wham applies for public assistance benefits would have to adhere to drug test prior receiving any public assistance.
The district judge thinks that individual whom receive assistance already provide a wide range of information in order to participate in the program, and by asking them to submit to a drug screen in order to receive benefits in an invasion of privacy and violates the constitution’s reasonable search ban. This case is currently being heard in Atlanta, Georgia, all because of a Navy Veteran, former college student, whom is a single parent applied for benefits back in 2011, meet the requirements of the program but felt it would be an result to be asked to participate in random drug screens in lure of help.
The following media publicity of this case has implemented the state if Florida employees to be required to do drug testing. What are the implications for HR department in managing the employer-employee relationship in the contest of the law or issue? Within the workplace, the HR department has to deal with conflict issues that arise between employees and employers. Because employment relationships are so complex and depending on the different types of situations that can arise, there are employment laws that are in place to protect the employer and employee.
Important HR laws include the Fair Labor Standards Act (FLSA), Title VII, Age Discrimination (ADEA, Equal Pay Act (EPA, 1866 Civil Rights Act, Family & Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), ADA- Public Accommodations, Executive Orders 11246 & 11478, Drug-Free Workplace Act, National Labor Relations Act (NLRA), Byrnes Act, Worker Adjustment & Retaining Act (WARN), Rights of Servicemen (USERRA), Occupational Safety & Health Act (OSHA), Immigration Reform & Control Act (IRCA), Health Maintenance Organization Act (HMO), Employee Retirement Income security Act (ERISA), Consolidated Omnibus Budget Reconciliation Act (COBRA), Health Insurance Portability (HIPPA), New Hire Reporting, Electronic Communications Privacy Act (ECPA), Fair Credit Reporting Act (FACRA), Federal Bankruptcy Code, Jury Systems Improvement Act, Employee Polygraph Protection Act, and Export Administration Act of 1977. For each law or issue, write an example that shows compliance with the laws or acts discussed. Pregnancy Discrimination Act of 1978
An eligible employee is entitled to take unpaid maternity leave if the employee is for work because of: 1. Pregnancy-related illness or 2. Preparation of birth of a child Family and Medical Leave Act of 1993 Twelve workweeks of leave in a 12-month period for: 1. The birth of a child and to care for the newborn child within one year of birth 2. The placement with employee of a child for adoption or foster care and to care for the newly placed child within one year of placement. 3. To care for the employee’s spouse, child, or parent who has a serious health condition 4. A serious health condition that makes the employee unable to perform the essential functions of his or her job 5.
Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is covered military member on “covered duty 6. Twenty-six workweeks if leave during a single 12-month period to care for covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave). Drug-Free Workplace Act When it comes to drug-free workplace, human resources have policies to ensue employees, vendors or customer is not using alcohol or drugs. It is crucial for this department to be firm to their procedures to ensure this does not happen during work time.
Some of the implications for HR departments in managing the employer-employee relationship are to have a zero tolerance for drugs and alcohol. In conclusion with all the laws against discrimination there are still people that are being discriminated against. The laws have helped in the workplace and for many people to have a safe workplace and place they can work with being afraid of being fired because of their race, color, sex, religion, or age. Reference: Holland, Jesse J, Supreme Court Makes Ruling in Maryland Sick-Leave Case. Retrieved October 28, 2012 from www. huffingpost. com Saunders, j; “News Service of Florida”: retrieved October 29, 2012; from Ledger. com Likert, R. , 1932 “Studies in the principles of judgments and attitudes”