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Employment Law Paper 1

Employment Law Paper Michelle J. Hodge University of Phoenix BUS 415 Patrice D. Carrington October 29, 2008

Economic analysis has illuminated both the efficiency and the effects on employee welfare of such rules. Hispanics as well as foreigners applying to large companies. privacy protection in the workplace.Title VII prohibits employment discrimination based on race. or related medical conditions constitutes unlawful sex discrimination under Title VII. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations (Women Employed. as well as to the federal government. employee fringe benefits mandates. including state and local governments. unemployment insurance systems. Both economic theory and empirical evidence are considered. The Civil Rights Act of 1991 (Pub. sex and national origin. as described in this paper. which covers employers with 15 or more employees.Employment Law Paper 2 Legal rules governing the employer-employee relationship are many and varied. • The Pregnancy Discrimination Act – Discrimination based on pregnancy. color. 102166) (CRA) amends several sections of Title VII (EEOC. Topics addressed include workplace safety mandates. minimum wage rules. Civil Rights Act of 1964 . 2008). religion. compensation systems for workplace injuries. The Civil Rights Act helped in resolving the separation of employment application or processes because of racial profiling such as toward African Americans. childbirth. and targeted mandates such as medical and family leave. The Civil Rights Act did not contribute to resolving the same issue within smaller organizations and self-owned businesses. Title VII also applies to employment agencies and to labor organizations. The Pregnancy Discrimination Act protects women who are currently working are trying to . L. and rules requiring that employees receive overtime pay. 2004). wrongful discharge laws.

Title I of the Americans with Disabilities Act of 1990 prohibits private employers. and it is implementing rules (EEOC. 2008) The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. This act has contributed to the resolution of employees over the age of 40 from being isolated to the termination pool to prevent companies from having to pay larger salaries. and privileges of employment. layoff. As well as with other acts created for employment law this act did not apply or resolve the issue with self-owned or smaller privately owned businesses. 2008). job assignments. it is unlawful to discriminate against a person because of his/her age with respect to any term. condition. benefits. employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures. The . hiring. firing. and training.Employment Law Paper 3 apply to a company while pregnant. It also applies to employment agencies and to labor organizations. conditions. compensation. The ADEA protections apply to both employees and job applicants. Under the ADEA. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act. firing. compensation. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older (EEOC. job training. as amended. including state and local governments. contribute larger amounts to a persons 401K or retirement plans as well has paying out retirement benefits. including hiring. This act was part of the resolution to women being terminated or segregated because of their pregnancy. The ADA covers employers with 15 or more employees. American with Disabilities Act . or privilege of employment. state and local governments. advancement. and other terms. promotion.

Employment Scenario At this company. a disabled white man and a pregnant Hispanic female all had been employed with the company for the last 20 years. This act was not a resolution in preventing the abuse of the system that is done by employees to the company in which they work.Employment Law Paper 4 Act did not assist in the resolution of the company being able to use other reasons as a hide a way for actually releasing that employee. This Act was a major contributor in resolving the issues of people being released from their employers due to unforeseen or uncontrollable personal health conditions. The supervisor overseeing this team always emphasized in public how well each of them performs their jobs. which would result in loss of health coverage. never accrued any unplanned absences and exceeded in all goals. three employees performed the same job duties and tasks on a daily basis. 2004). Each of the employees were assigned to take calls within the call center and meet the standard quality. calls per hour and average handle time. The employees were one white male. One day in a management meeting the supervisory staff was advised that they had to let some people go due to budgeting. They all came to work on time. The supervisor of these same three reps was advised that she would have to cut her disabled team . All three of the employees sat in cubicles next to each other. These same three employees were all selected many times to perform the on the job training for new business and even new employees. The Family and Medical Leave Act of 1993 is a United States labor law allowing an employee to take a paid or unpaid leave due to a serious health condition that makes the employee unable to perform his job or to care for a sick family member (Women Employed. This act also helps in resolving employers from terminating employees who qualify for this benefit.

A couple of days had passed and the supervisor really thought on this and was unsure how to handle it. Neither of the employees had previously said anything because the comments were made somewhat jokingly but was taken to heart each time. . harassing them about the amount of money each of them cost the company with their medical situations. people who are willing to step up… Based on each of the civil acts possibly violated the supervisor took the appropriate steps once she was told about the alleged charges. The employees advised their supervisor that they were going to file a complaint against the company filing discrimination for ADA as well as Pregnancy and race. The manager simply stated. The supervisor also advised each of the employees to also open a case. be honest as to why they are now saying something. By opening a case. The supervisor wanted to make sure that all steps she took was for the protection of the company as well as the employees and the manger. The supervisor in this situation called the HR department and opened a case because she had been advised that various types of harassment have been stated against the manager. she has followed procedure regarding the zero tolerance in the work place implemented by the headquarters. The female employee also stated that the manager had even previously made jokes regarding to how many children Hispanics have.Employment Law Paper 5 member and her pregnant team member. She scheduled a conference with both employees to discuss the issue. dates. The supervisor went to her desk unsure of how she was going to tell two of the three top performing employees that she had to terminate them. “They have served their purpose”. and provide any evidence they have such as documentation. She argued as to why they were selected. To her surprise after speaking to both of them both informed her separately that the one of the managers had been. If these employees were contract. Based on the advice from the manager she had a few days to break the news because they technically wanted them to complete the workweek to allow the company time to get the new employees processed in.

Employment Law Paper 6 employees or agent workers the same steps would have been taken but they would have also made those complaints to their temporary agency or EEOC if they were contract employees. . If the employees were part of a union they would make their complaints to the union head as incidents were taken place for clear documentation as well as for the union leader to take the appropriate steps to prevent this issue from continuing.

Equal Employment Opportunity Commission.gov . 2008. Facts about Civil Rights Act (2008) retrieved November 10.S.eeoc. Equal Employment Opportunity Commission.S.gov The U.eeoc. From www.Employment Law Paper 7 References The U.eeoc. From www. Equal Employment Opportunity Commission. Facts about Pregnancy Discrimination (2008) retrieved November 10.S. From www. 2008. Facts about Age Discrimination (2008) retrieved November 10. 2008.gov The U.