Wednesday, December 19, 2018
'Equal Employment Opportunity and Employee Rights Review Paper\r'
'Equal employ Opportunity and Employee Rights redirect examination Paper Klista Odgers HRM/300 University of Phoenix Online October 29, 2012 Dwight Walker entranceway In the face of rising technology, globalization, and productivity whatsoever run forers find themselves at a disadvantage to their efforts to obligate purpose. To prohibit discrimination, the United States has governed laws that protect the citizens from either types of discriminations. This allows organizations to management on promoting employment based on a personââ¬â¢s abilities. The two laws chosen for check over are the Pregnancy be active of 1978 and Family and medical exam repudiate incite of 1993.We will also discuss sober employment make out of 1988. Provide a worldwide summary of each Law The Pregnancy secernment feign of 1978, was an amendment of call VII of the Civil Rights Act of 1964 that prohibited put forward discrimination on the fundament of pregnancy (ââ¬Å"U. S. Equal Empl oyment Opportunity focusââ¬Â, 2012). That section 701 of the Civil Rights Act of 1964 is amended and states the legal injury ââ¬Å"because of sexââ¬Â or ââ¬Å" on the basis of sexââ¬Â include, but not limited to, because of or on the basis of pregnancy, minorbirth, or related medical conditions (ââ¬Å"U. S.Equal Employment Opportunity Commissionââ¬Â,). The act states women affected by the above terms shall be treated the analogous for all employment-related purposes. Next, is Family and Medical intrust Act of1993, entitles employees of cover employers to take unskilled, job-protected leave for specified family and medical reasons with the lengthening of group insurance coverage chthonian the equivalent terms and conditions as if the employee had not taken leave. The closing summary describes the sober Workplace of 1988. This act requires authentic related groups to make sure that their study is medicate free.The importance of this act is that it ensures the salutaryty of all employees by ensuring that no superstar will be on the job(p)s under the influence of medicines. For each selected law or is swear out, locate a present-day court consequence The Pregnancy favoritism Act of 1978 Months ago, a program line was made by a contributor for the presidential Campaign, suggesting that there is no reason why dividing line owners should be obligated to can any circumscribed provision to the medical health plan in the workplace for female comprehensive insurance plans for contraceptive.This several(prenominal) felt as if the national wellness wish Reform Law was not necessary, but the existence of Medicine, researched and found that access to contraceptive is vital to a womanââ¬â¢s health, and as August 2012, women are able to file Temporary Disability, at work after giving birth or during pregnancy. They spate ask for special accommodations because of this medical condition, and the employer must provide insurance w hich covers any related issues to reproduction. Family and Medical take out Act of 1993The Supreme Court ruled Tuesday that states cannot sue under the Family and Medical Leave Act for refusing to afford an employee time off to recover from an indisposition. One justness said the decision ââ¬Å"dilutes the force ââ¬Å"of the law that allows billions of working Americans time off to worry for sick family shares or to have shaverren. Daniel Coleman asked for a 10-day medical leave to love 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. roundabout 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 predilection that the government would violate the rights of the citizen of Tallahassee, by requiring any man-to-man wham applies for domain economic aid benefits would have to hold to drug test prior receiving any public assistance.The district judge thinks that individual whom receive assistance already provide a wide mold 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 constitutionââ¬â¢s liable search ban. This case is currently beingness comprehend in Atlanta, Georgia, all because of a Navy Veteran, condition college student, whom is a single conjure up applied for benefits lynchpin 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 adjacent 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 de partment in managing the employer-employee relationship in the action of the law or issue? Within the workplace, the HR department has to deal with conflict issues that arise amid 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 median(a) 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 Retiremen t Income security system Act (ERISA), Consolidated Omnibus Budget reconciliation Act (COBRA), Health Insurance Portability (HIPPA), New have Reporting, Electronic Communications Privacy Act (ECPA), Fair Credit Reporting Act (FACRA), Federal bankruptcy Code, Jury Systems Improvement Act, Employee Polygraph Protection Act, and Export memorial tablet Act of 1977. For each law or issue, save an example that shows compliance with the laws or acts discussed. Pregnancy Discrimination Act of 1978An 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 t he employeeââ¬â¢s spouse, child, or put up who has a serious health condition 4. A serious health condition that makes the employee unable to cause the essential functions of his or her job 5.Any qualifying hint arising out of the fact that the employeeââ¬â¢s spouse, son, daughter, or parent is cover military member on ââ¬Å"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 memberââ¬â¢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 follow employees, vendors or customer is not using alcoholic beverage or drugs. It is crucial for this department to be plastered to their procedures to ensure this does not happen during work time.Some of the implications for HR departments in managing the employer-employee relationshi p are to have a zero tolerance for drugs and alcohol. In conclusion with all the laws against discrimination there are still plurality 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. indication: Holland, Jesse J, Supreme Court Makes Ruling in medico Sick-Leave Case. Retrieved October 28, 2012 from www. huffingpost. com Saunders, j; ââ¬Å"News Service of Floridaââ¬Â: retrieved October 29, 2012; from Ledger. com Likert, R. , 1932 ââ¬Å"Studies in the principles of judgments and attitudesââ¬Â\r\n'
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