...Introduction Equal employment opportunity is employment practice where employers do not engage in employment activities that are prohibited by law. It is illegal for employers to discriminate on any basis. Background of EEOC in USA: Overview The responsibility of the U.S. Equal Employment Opportunity Commission (EEOC) is to enforce laws that make it illegal to discriminate against employees or job applicants based on race, religion, sex, origin, genetics, or pregnancy (EEOC, n.d.). It is also illegal for employers to discrimination against an employee because they have complained about discrimination, filed a charge, or is currently involved in a workplace discrimination investigation (EEOC, n.d.). Employers with at least 15 employees as...
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...In the United States, several laws have been enacted to protect the rights of workers and provide guidelines to employers. The Family Medical Leave Act of 1993, the Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous, intermittent or a reduced schedule. Employees are required to work for the company twelve months prior...
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...Effective human resources planning strategies are those that include having sufficient staff, with the right mixture of talent, and who are in the appropriate locations, performing their jobs when needed. It moves beyond the traditional role of human resources as primarily an administrative control function. In today’s corporate environment, it is viewed as a valuable component for adding value to an organization. Both employees and the company will often realize many benefits of planning over the long-run. In uncertain business settings, the significance of strategic human resources planning can become obvious very quickly. A company that reacts to circumstances by cutting staff as a measure to reduce short-term overhead can create unwanted repercussions. What initially looked like a smart and necessary move to economize in lean times can end up costing the company much more in the long-run. The resources that will be needed to subsequently recruit, hire, and train new employees may well exceed any short-term cost savings. Forward-looking human resources planning typically anticipates future staffing requirements. It can help organizations avoid cost errors. Strategies are formulated to not only anticipate their needs over time, but to consider optimal solutions for the long term and under challenging economic conditions. This approach minimizes the chance of short-sighted and reactive choices being implemented by decision-makers. Organizations with a plan in place, and a keen...
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...Hazen Paper Co. v. Biggins 507 U.S. 604 (1993) Case Study JSale. GB41- Employment Law Professor Shawn Pattinson 1 Do you agree with the court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired? The Age Discrimination in Employment Act (the ADEA) forbids discrimination based on age by protecting individuals over the age of forty from “arbitrary” age discrimination. Congress passed the Age Discrimination in Employment Act to “promote employment of older persons based on their ability rather than age (29. U.S.C. 621b. 1990). In Hazen Paper Co. v. Biggins, the Supreme Court of the United States resolved a split in the circuit courts of appeals and held that an employer does not violate the Act when the employer makes a decision wholly motivated by factors other than age. In Hazen Paper, the employer terminated an employee to prevent the employee from vesting in his pension. Under the employer’s plan, the pension vested based upon the employee’s years of service and was not directly related to age. The Supreme Court rejected the plaintiff’s argument, holding that “age and years of service are analytically distinct” and that it is “incorrect to say that a decision based on years of service is necessarily ‘age-based (Hazen Paper Co. v. Biggins. 507 U.S. 604 (1993). The Supreme Court concluded...
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...LIT1 Task 310.1.5-02, 11, 13: Labor and Employment Law In the United States, several laws have been enacted to protect the rights of workers and provide guidelines to employers. The Family Medical Leave Act of 1993, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was enacted, many employees faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous...
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...highly of her; she interviewed well; and Ms. McIntosh had a bachelor’s degree in political science, and had completed two training courses in “Local Elections and Politics.” Ms. Macintosh had done previous work as an Assistant Elections Advisor. Ms. Houston is filing suit against her employer based on the fact that they did not re-hire her for the position based on her age. Ms. Houston claims that she is qualified for the job and was overlooked due to age. Based on these facts, draft a brief memorandum that outlines whether Ms. Houston will be able to make out a prima facie case for age discrimination to show disparate treatment. ISSUE The issue is whether Ms. Houston can prove sufficient disparate treatment for a prima facie case of discrimination. RULES In Murphy v. GE, 240 F. Supp. 2d 459 (US District, 2003), the court detailed the elements of disparate treatment based on age discrimination. “To show disparate treatment the...
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...“professionals.” Professional employees are exempt from getting paid overtime. Pharmacists are not professionals, because most doctors know what medicine does what as well. The court would have ruled in favor of the employees. Chapter 43 – 6-7 6. The two parties involved were Machinchick and PB Power, Incorporated. Machinchick worked for PB Power for six years. Eventually, Machinchick got a new supervisor and the company adopted a new management approach. The new supervisor stated his plan to “hand-pick employees whose mindset resides in the 21st century.” Machinchick was eventually fired and he fired PB Power, alleging it had violated the Age Discrimination in Employment Act. The appellate court would rule in favor of Machinchick because he was over the age of 40, so he is protected under ADEA. Machinchick did prove discrimination because he belonged to the protected class, was qualified for the position held, and...
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...discuss the changes that are most likely to occur, how the aging of the workforce affects managers and companies, what policies eliminate age discrimination, the importance of diversity in workforce, and what actions companies can take into consideration in order to maintain a well-balanced, diverse and satisfied workforce. Aging Population in Modern Workforce Changes in Workforce: Yesterday, Today and Tomorrow Companies and workers have been around for centuries, and the labor force has had a gradually but significantly change. It wasn’t until the 1940, after World War II, when the workforce started to change; 28% of American women was in the workforce (United States Department of Labor, n.d), and the number of workers per retiree was 45/1 (ncpa.org, 2012). Now, the women workforce comprises 57.7 % (Bureau of Labor Statistics, 2013) of the USA workforce and the seniors (65 +) consist of a 25% of the USA workforce (Gallup Economy, 2014). Over the next 5 to 10 years, we are expecting to experience an increasing rate of the senior population in the workforce. “This group is expected to be nearly 40 million in 2018, an increase of 43%. As a result, this age cohort will compose nearly a quarter of the labor force in 2018” (see table 1) (bls.gov, 2009). Changes Likely to Occur in Employment Relationships As society changes, the employment relationships changes too. There are many changes that could occur due to the increasingly number of elderly in the population. The more...
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...fairness, you need to strongly factor in internal equity. If employees look at others in similar jobs and see equal pay, they will likely feel like the organization and its leaders are fair. When employees respect you as fair as a leader, the chances that they listen to your direction and guidance toward their work is greater. Reduced Exposure to Discrimination While the market-based approach may attract the most talented workers, an emphasis on internal equity offers better protection against discrimination lawsuits. Title VII and the Age Discrimination Act are a couple major employment laws that protection workers from discrimination. If you pay different wages to workers in the same role, you run the risk that one is a member of a protected class and sues for wage discrimination. The Lilly Ledbetter Fair Pay Act of 2009 expanded exposure to lawsuits by allowing workers to sue for past wage discrepancies. By ensuring internal equity, you mitigate your risks. Consistent Standards When you pay employees on a consistent scale, you also have the opportunity to maintain consistent performance standards. When conducting a job analysis and developing a description, you establish the abilities, duties and responsibilities required for a position...
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...(forty-five) was a cause for concern. Jones also stated that if he got a haircut and improved his physical appearance, there might be a position at the customer service counter. According to Jones, the position paid slightly less but would be more reasonable for a man of Smith’s condition and age. Several days later, Mr. Jones received a notice from the local equal employment opportunity commission stating Mr. Smith had filed age-discrimination charges against him. The question is; what is discrimination and is Mr. Jones discriminating? To decide if this is discrimination we must first know the definition. Webster’s defines discrimination as the act, practice, or an instance of discriminating categorically rather than individually and, prejudiced or prejudicial outlook, action, or treatment. Clearly according to Webster’s one might say Mr. Jones is discriminating against Mr. Smith because of his age; however, he did offer Smith a different job. In the legal world, and in this case, these things are not always black and white nor does Webster’s definition always fit. The Age Discrimination in Employment Act of 1967 states, “It shall be unlawful for an employer- to fail or refuse to hire or to discharge any individual...
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...Employment Law Assignment 1. Define BFOQ and list to which characteristics it applies BFOQ stands for Bona Fide Occupational Qualification which functions as a defense to a suit for discrimination for employers with regards to religion, national origin, gender, and age. Employers may discriminate for the causes mentioned above if they can establish that a "bona fide occupational qualification" exists. This qualification defense does not apply to race and color. Under the ADEA (Age Discrimination in Employment Act), it is unlawful for an agency to discriminate on the basis of age unless the agency can establish that the age limitation is a “Bona Fide Occupational Qualification” necessary to the performance of the duties of the position. 2. What is the purpose of the Glass Ceiling Commission? The purpose of the glass ceiling commission is to consider how prepared women and minorities are for advancement, what opportunities are available, and what policies businesses follow in making such promotions. The commission also compares businesses that have actively promoted women and minorities to determine their reasons for success. 3. What is the Federal Privacy Act, to whom does it apply, and what does it protect? The Privacy Act of 1974 was enacted to safeguard private information of federal employees from being disclosed by the federal government. Under the act, no information pertaining to an employee may be released before the prior written consent of the employee is...
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...Age discrimination is one of the worst types of discriminations next to that of racial or ethnic discrimination. A person’s age should never be a factor in how they are treated. Once we reach the age where we can make logical conscious decisions on our own, we should be treated like everybody else. Age discrimination is predominant because the majority of this world’s inhabitants have unfair and old-fashion ideas or beliefs. .In order to help protect those who stand to be singled out and let go because of the unfairness of ageism, the Age Discrimination in Employment Act (ADEA) was designed with the older employee in mind. The issue at hand is that companies are not willing to look beyond their aging workforce, choosing instead to push them out of the technological loop rather than attempting to incorporate them as valuable assets. In our culture, the general perception is that with youth comes energy, imagination, and innovation. With age comes decreasing interest, lack of innovation and imagination, and a lessening of the quality of the person (Bennett, 2001, p. 410-411). source:laterlife.com /78%of older people have been victims of agism. older workers see themselvesas targetsfor redundancy and feel frustrated that their valuable skills are going to waste when they have so much to offer an employer. source :new york times / "older workers need not apply " reasons for discrimination : can be the perception of supervisors who often worry about how to manage older subordinates...
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...Age Discrimination Age shows how young or old you are to take responsibility, work pressure, giving opinions, play a sport, do an adventure, sharing experiences and doing a job. But Age never suggest that a 16 year old boy or girl is not old enough to handle pressure, or take responsibilities and a 60 year old man can’t play a sport or participate in an adventure. Many companies and employers have started using AGE as a weapon to start doing discrimination. Age discrimination means treating two people differently on the ground of their age. How can one become less advantageous just because of his or her age? If an employee doesn’t suit a job and he is asked to leave because of his incompetence or lack of knowledge or irresponsibility etc then it is legally acceptable but if a person is just not treated well in terms of payment, promotion i.e not given opportunity to grow, or is asked to leave the organization just because of the fact that he is ageing is not a lawful act. Employment Act, 1967 (ADEA) prohibits the following act against age discrimination: * Discrimination in giving job, wages, promotion. * Giving employment notices specifying the age limit. * Older employees not given benefits. * Prohibiting fixing of retirement age below 65 years. Section 623 of the Employment Act, 1967 (ADEA) describes the defense to ACT towards the Age Discrimination. It discusses the following: * With a reasonable cause, the employer has a right to discharge an...
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...Running head: Labor and Employment Law Labor and Employment Law As a Human Resource Director for Company X, I come across situations every day that challenge my decision making. These situations need to be handled in a delicate matter to make sure that the company is following the guidelines that are setup and established by the federal government to make sure that companies and employees are treated fairly. I would like to discuss three situations that recently have challenged my leadership as a Human Resource Director and show the diversity of the laws and why they were created and how they work. Situation A – FMLA The first situation I am about to describe is an unfortunate set of circumstances, but the law is very clear and the company position is easily seen. Therefore, it was not hard for me to make this decision. The employee was presented with a difficult family situation his twin children were born premature. He made the decision to take leave from work to attend to his spouse and the needs of his family. This is ok and totally understood by the company. Here is where the unfortunate part comes, the department manager at the time agreed to the let the employee take a leave of absence, but the proper paperwork was not filed for Family Medical Leave Act. Now to complicate matters worse, the department manager that was in charge of this employee left during the employee’s leave. Eleven weeks have gone by and the employee wants to...
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...without problems, which was taken care of. Even though there is a new manager they are following the procedures under the FMLA and will not be penalized for not paying employee A’s salary. Employee A should have looked in his leave further before deciding to take leave. There was not a violation of the FMLA. Situation B. Employee B is 68 years old and has been with Company X for 42 years. During the annual performance review last month, it was determined that Employee B was doing “above average” work in the department. Employee B was denied a promotion due to age. A co-worker given the promotion, who is 32 years old, received a performance review of “adequate.” -The Age Discrimination in Employment Act or ADEA protects against discrimination in people over 40. The ADEA forbids any discrimination in the work place when it comes to promotion among other things. In this case employee B was discriminated against if the only reason he was not chosen for the promotion...
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