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Atwood and Allen Consulting

Memo
To:

Traci Goldeman

From:

Robyn Bell

cc:

Bradley Stonefield

Date:

October 27, 2014

Re:

Employment Law Compliance Plan

In researching employment law compliance for Bradleys limousine company there a


four basic laws he would need to cover. I will discuss these four laws in more details
throughout this memo. I will give a summary of each law and consequences of noncompliance
for each.
First I would like to discuss employment discrimination. According to the Civil Rights
Act of 1964 prohibits employers from discriminating based on race, color, religion, sex, and
national origin (EEOC, 2014). For example, a person age 55 could receive offensive remarks
about their age. There was a lady who worked for Federal Express she was in her mid 50s to
60s. She had been with the company for over 20 years. Employees would tease her and tell she
was too old to do the job. Another example an older gentlemen he sometimes used a cane, but a
lot of people assume he could not do his job because he had problems with his legs, and he was
close to 70. Those two examples are considered age discrimination. The Age Discrimination in
employment Act does not protect applicants or employees who are younger than 40 years of
age (Welte, 2014). If the company is not in compliance with this law it could lead to an
investigation with the EEOC if someone files a complaint. The complaint if founded could

result in a lawsuit. Some larger companies may decide to settle outside of court to keep it out of
the media.
Second, I would like to address Titles I and V Disabilities Act of 1990. This law
prohibits employers from discriminating against people with disabilities (EEOC, 2014). All
business should accommodate people with disabilities even when they are applying for
employment. An example say you call someone for an interview. At closing of the interview,
they tell you they will need accommodations because they are in a wheelchair. If your company
does not have a ramp and steps only leading to the door you, are not providing them with
accommodation. You are supposed to make reasonable accommodations. Another example is
Bradgon vs. Abbot where it was founded the individual was covered by ADA for being HIV
positive. Brief history of the case, Mrs. Bradgon disclosed to her dentist she was HIV positive.
Well, she a cavity and need a filling. The doctor was not against doing the procedure, but
refused to do it in his office. He said he would only perform the procedure at the local hospital.
Of course doing a procedure at the hospital would dramatically increase the cost. He didnt
want to perform the procedure at his office since she was HIV positive (Bradgon, 1998). This is
something to keep in mind when planning for your business. Noncompliance of this law could
result in a lawsuit. Also, there would be an investigation with the EEOC.
Third, I am addressing The Equal Pay Act of 1963 and Texas Minimum Wage Act. The
Equal Pay Act prohibits sex-based wage discrimination between men and women in the same
establishment who perform jobs that require substantially equal skill, effort and responsibility
under similar working conditions (EEOC, 2014). An example, many years ago men were paid
more than women. In most jobs today, it may not be publically know if companies are still
doing this. Majority of the companies are paying equally for men and women. The Texas
Minimum Wage Act requires most employer to pay their employees at least $7.25 which is the
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federal minimum wage. The Texas Minimum Wage Act requires employers to give earning
statements; establishes minimum wage for non-exempt employees; and provide civil remedies
for its violations. Most people who are not paid minimum are waitress/waiter they are paid a
minimum rate along with tips.
Fourth, a major area of concern is sexual harassment. It is unlawful to harass a person
(an applicant or employee) because of that persons sex. Harassment can include sexual
harassment or unwelcome sexual advances, requests for sexual favors, and other verbal or
physical harassment of a sexual nature (EEOC, 2014). For example, when men in the
workplace may constantly call women out their name. A woman may take offense to it even if
it is not directed to her in general. In this instance, it could be considered as a hostile work
environment.
In closing, not being in compliance with these laws can cause major problems for your
business, such as shutting you down. Breaking these laws could cost the company financially.
Getting complaints to the EEOC could put your company under the microscope, and they may
decide to put your company through an investigation process which could take months or years.
You would want to avoid any type of lawsuits and negative publicity within your first 5 years
of operations. In the best interest of a company that will excel, please follow the laws willing
and accordingly.

References
Bragdon v. Abbott -- Supreme Court Decision Addresses Application of Americans with
Disabilities Act to Individuals with HIV . (1988). Retrieved from
https://www.law.uh.edu/healthlaw/perspectives/Disabilities/980626Bragdon.html
Laws Enforced by EEOC. (n.d.). U.S. Equal Employment Opportunity Commission. Retrieved
from http://www.eeoc.gov/laws/
Texas Minimum Wage Law. Texas Workforce Commission. Retrieved from
http://www.twc.state.tx.us/ui/lablaw/texas-minimum-wage-law.html
Welte, J. Examples of Discrimination in the Workplace. Globalpost. Retrieved from
http://everydaylife.globalpost.com/examples-discrimination-workplace-2751.html