The purpose of this report is to describe three employment laws and the consequences of non-compliance. The three employment laws covered are Title VII of the 1964 Civil Rights Act, The Civil Rights Act of 1991, and The Americans with Disabilities Act; all three employment laws written about are an explanation of non-compliance. There is also an assessment on how an organization can ensure compliance with employment laws.
Title VII of the 1964 Civil Rights Act
Title VII of the 1964 Civil Rights Act was one law instated to ensure equal employment opportunities for all people no matter his or her race, religion, color, national origin, or gender. The 1972 Equal Employment Opportunity, Title VII states that showing any discrimination towards an employee by an employer bases on the applicants or employees race, color, religion, sex, or national origin is discrimination and will be viewed as unlawful. There are two major functions of the Act regarding discrimination:
1. Showing failure to hire an individual or refusing to hire an individual based on the terms outlined in the act are discrimination. In addition to the hiring process, relieving an individual from his or her duties within an organization, refusing benefits or compensation, changing one’s terms of employment or privileges of employment including any employment conditions of said employee based on race, color, religion, sex, or national origin is viewed as a company practicing discrimination.
2. Practicing segregation, limiting or classifying employees or applicants for employment in any way based on race, color, religion, sex, or national origin that would deprive or unfairly lessen a person’s chances for an employment opportunity or, in any way, negatively affect his or her status as a subordinate is viewed as discrimination (Dessler, 2017).
Consequences of Non-Compliance
In any case, where charges are filed an employer will be given time to rectify the situation that caused an alleging of an unlawful discriminatory employment practice. A state, local authority, and a person filling a suite of discrimination may seek relief from any practice of discrimination. The organization will be granted a given amount of time to rectify the situation that caused the investigation into a discrimination report. The normal amount of time a company has to rectify the situation is sixty days unless the law is new then the period will be changed to one hundred twenty days; if the organization does not rectify the situation within the given period the law will enforce criminal proceedings (“U.S. Equal Employment Opportunity Commission,” n.d.).
The Civil Rights Act of 1991 In the 1980’s there were several Supreme Court ruling which limited woman and minority groups such as African-Americans regarding equal opportunity employment, one of the limitations included putting the burden of proof on the plaintiff who would be the woman or the minority who filed the claim of discrimination. With the rights of woman and minorities being overlooked or undermined Congress introduced and the president of the United States of America at the time, President George W. Bush decided to sign into effect the Civil Rights Act of 1991 otherwise known as CRA 1991. The purpose of the CRA 1991 was to place more responsibility on employers to prove the organization was not showing discrimination towards woman and minorities instead of woman and minorities having to prove a company was practicing discriminatory acts (Dessler, 2017).
Consequences of Non-Compliance The Civil Rights Act of 1991 has made it easier for victims of discrimination to sue for monetary damages in cases where discrimination can be proven. An employee who is suing can be rewarded compensatory damages; he or she can be compensated for any losses or damages that occurred due to the act of discrimination. Also, a victim of discrimination under this act can sue for punitive damages; he or she can sue to punish the organization and be rewarded as an outcome of the case because the plaintiff is protected under the Civil Rights Act of 1991(Dessler, 2017).
The Americans with Disabilities Act
The Americans with Disabilities Act of 1990 or the ADA prohibits discrimination regarding potential employees with proper qualifications due to a disability. The act prohibits companies who employ fifteen or more subordinates from showing any discrimination against applicants with fitting qualification due to a disability; this includes the application process, the hiring process, termination, any compensation, advancement within the company, proper training procedures, and any other terms, conditions, or privileges of employment by the organization (Dessler, 2017). According to Dessler, 2017, “It also says employers must make “reasonable accommodations” for physical or mental limitations unless doing so imposes an “undue hardship” on the business (pg. 35). The following chart shows a simple five-step process to determine and provide reasonable accommodations: (“Virginia Commonwealth University,”n.d.).
Consequences of Non-Compliance
The Equal Employment Opportunity Commission or EEOC investigates a non-compliance of the Americans with Disabilities Act following the same procedures as the Title VII of the Civil Rights Act of 1964. An attempt to resolve the charge through conciliation is the first step taken before any litigation is started. The incorporated consequences that are found in Title VII are also used in the ADA consequences; these consequences include rehiring an employee, promoting an employee, issuing back pay, and covering any attorney’s fees for the employee. In addition, reasonable accommodations are covered as a remedy to the discrimination under the ADA (“The U.S. Equal Employment Opportunity Commission,” n.d.).
Ensure Compliance Human Resources can take several steps to ensure compliance with the employment laws. The most important decision a manager can make during the hiring process is to hire the proper people for the position. Human Resources must be aware of the duties that must be covered in each area of an organization, and they should be able to hire the proper people to perform these duties no matter what the applicant’s background is concerning race, religion, creed, or disability. Human Resources Compliance audits are another step that can be taken to ensure all compliances are being met. By auditing the staff and Human Resources itself as a strategy to ensure compliance, legal liability for non-compliance can be avoided (Davis & Carnovali, 2016).
Conclusion
There are many laws in place to protect people from all types of discrimination. The laws have changed over the years to protect woman and minorities better from facing discrimination in the workplace. A company that shows discrimination will face consequences and must take steps in planning a strategy to ensure the organization does not discriminate against anyone no matter his or her background including but not limited to age, race, sexual orientation, or gender.

References
Davis, R. & Carnovali, M. (2016). Corporate Compliance Insights. Corporate Compliance
Insights. Retrieved from http://corporatecomplianceinsights.com/hr-function-compliance-role/
Dessler, G. (2017) Human Resource Management (15th Ed). Upper Saddle, NJ. Pearson
Retrieved from The University of Phoenix eBook Collection database.
The U.S. Equal Employment Opportunity Commission. (n.d.). Retrieved from https://www.eeoc.gov/facts/ada17.html U.S. Equal Employment Opportunity Commission. (n.d.). Retrieved from https://www.eeoc.gov/laws/statutes/titlevii.cfm Virginia Commonwealth University. (n.d.). Retrieved from
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