...Equal Employment Opportunity Commission 2/21/2015 Providing a place of employment has lead to numerous benefits for employers and employees. When having a diversity of people working for a company, different types of personalities intermingle with each other on a day – to – day basis. Even though having a diverse group of people coexist in the workforce can serve a huge benefit to the company, it can also lead to problems amongst coworkers. In order to make sure everyone is treated fairly, the Equal Employment Opportunity Commission (EEOC) was created to enforce federal regulations for equality in the workforce (smallbusiness). The EEOC pursues complaints about hiring or firing based off of certain factors such as, race, religion, age, origin, sex, etc. In addition to, the EEOC also investigates complaints about sexual harassment. When looking at the case regarding two female employees of 1995 Auto Corp, multiple red flags pop up. According to the file, the two females were subject to repeated and welcomed sexual advances by their male supervisor in the workforce. The ladies then proceeded to address the situation to the supervisor’s immediate superior, letting him know how uncomfortable they felt and that they want the behavior to stop. The harassment continued and continued for three months. Because the 1995 Auto Corp did nothing, they are looking at a huge lawsuit. In order to make sure that the Auto Corp has a solid defense, one must further investigate. Sexual...
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...The United States Equal Employment Opportunity Commission “is accountable for implementing federal laws that make it unlawful to be discriminatory against any person applying for a job based on the individuals race, color, religion, sex including pregnancy, gender identity, and sexual orientation, national origin, age 40 or older, disability or genetic information. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits” CITATION USE \l 1033 (U.S. Equal Employment Opportunity Commission, n.d.). It is also unlawful to discriminate against an individual that has filed a complaint due to discrimination or participated in an investigation regarding discrimination. The Equal...
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...change is required for all production employees but would not affect office staff members who will maintain 0800 to 1700 Monday through Friday work schedules. This memorandum will provide information to assist WGU Toy Company with recommendations in handling this claim. The nature of discrimination charges were best explained through review of Title VII of the Civil Rights Act of 1964, which identifies definitions specific to this claim against WGU Toy Company. Title VII of the Civil Rights Act states, “it is illegal to discriminate against someone based on race, color, religion, national origin, or sex” (U.S. Equal Employment Opportunity Commission, 2013). Specific to religion, all aspects of religious observance and practice are to be reasonably accommodated unless it causes undue hardship on the employer’s business (U.S. Equal Employment Opportunity Commission, 2013). The former employee felt forced to quit because the rotating shift did not take into consideration a religious observance, therefore resulting in the filing...
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...oversee the hiring and employment practices. I must also ensure that company X is in compliance with pertinent federal laws and regulations to avoid fines and other sanctions that could be imposed. I have recently been asked to evaluate three situations and to submit a report regarding whether the company is in violation in any of the three situations. Situation A: states that employee A has been working for the Company for 24 months and that his wife has prematurely given birth to two babies. He asked, and was allowed the time off he requested to help his wife care for their new born children. Recently he has requested to return to work and also asked to receive his income that was not paid while he was caring for his new babies. I have been advised that his current manager let him to have his position back that he had at his previous income, but he manager decided to withhold his wages for the time he was out. The family and medical leave act of 1993 (FMLA) was created to help eligible employees, of covered employers, to take time off work without risking job loss or other penalties, during times of medical hardships like the birth of a child, the care of a parent, child, other dependent or a spouse that has a serious medical condition. FMLA was enacted to with the goal of equal opportunities for women in the work force. There are certain requirements that must be meet for an employee to qualify for FMLA. The employee would need to complete 12 months of employment or have work at...
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...Task 2 – Labor and Employment Law As requested I’ve reviewed the situation for each of the employee you mentioned. I’ve detailed my findings below. Situation A I reviewed FMLA requirements to Employee A’s situation. First, Family Medical Leave Act (FMLA) requires 1,250 hours and 12 months of employment at the company (Wage, 2010). Employee A has been with Company X for two years; therefore this requirement has been met. Second, Employee A’s situation, his wife gave birth to premature twins, is eligible for FMLA unpaid according to The Family Medical Leave Act of 1993 (Wage, 2010). The Family Medical Leave Act of 1993, states employee is “…entitled to return to the same or similar position with the same benefits and rate of pay he was making before he went on FMLA” (Wage, 2010). Therefore, Employee A is entitled to return to the job he held; however, he is not entitled to payment during his leave. In summary, Company X is compliant with the Family Medical Leave Act of 1993. Therefore, Company X is not required to compensate Employee A for the 11 week time-frame he was unable to work. Situation B I have reviewed the situation of Employee B where he alleges age discrimination. Employee B is stating that he is being discriminated against when he failed to receive a promotion which he claims he was qualified to receive. His performance review from last month states his work was “above average”. The promotion was given to a co-worker who was 32 years old and...
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...Task 2 – Labor and Employment Law Company X vs. Employee A on FMLA payment (Situation A) .Relevant Facts: Employee A has a 2 year tenure with Company X. Employee A asked for and was granted FMLA for the birth of his twins. Employee A asked to return to work before the allotted twelve week period had expired. On his return, he also requested for payment of his salary during his eleven week period of FMLA. His request for an early return was granted, but his time on FMLA remains unpaid. Employee A is now in an appeals process. Family Medical Leave Act applied The Family Medical Leave Act of 1993 states that as long as an employee meets the requirements of working at least 1,250 hours or twelve months, the employee has the right to take FMLA and resume employment at the end of the allotted twelve week interval. The employee will not be compensated for the time while on FMLA. (Wage, 2010) Report and final ruling No violation has occurred as Employee A`s FMLA time will remain unpaid and Company X abided by the Family Medical Leave Act of 1993 accordingly. Company X vs. Employee B on Age Discrimination (Situation B) Relevant Facts: Employee B is 68 yrs old and has a 42 year tenure with Company X. Employee B has recently received an above average performance evaluation and was hoping to get a promotion. The promotion was give to a 32 years old colleague who received an adequate performance evaluation. Employee B is accusing Company X of age employment discrimination. ...
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...EEOC Paper: Sharie Harris-Walker SOC 315 03/15/2012 Emma McCain EEOC Cultural Diversity is about differences that exist in the workplace. Equality has been a breakthrough for some people while it has been a victory for other people. The Equal Employment Opportunity Commission (EEOC) is an association that strives to guard employees and applicants that are not treated fairly by other workers or companies. The EEOC protects all people. It does not matter what type of work environment they work in or what the problem is. Due to the unfailing assistance that the EEOC offers, African American employees of Findlay will not have to accept being discriminated against or harassed in the place in which they work or terminated for filing a discriminated claim. The Compliance Issue that led to the lawsuit and its ramifications for the organization. The issue was that a parts department manager of the Shack-Findlay Automotive, LLC made racial offensive remarks and jokes on almost a daily basis to African American employees. The parts department enacted harsher rules on the African American personnel than employees who were not African American. Two African American workers were ultimately terminated. One employee was terminated after informing another employee that he was going to bring up a charge of discrimination towards Shack-Findlay. The EEOC protects employees from discrimination based on race and also protects them from being fired if they file a charge of discrimination...
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...age (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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...victory for civil rights activists and workers in 1964. In securing this act, they ended the decades of ‘separate but equal’ treatment that had been used as a justification for discrimination against black Americans, and wrote into law precedents that would affect change in the labor market undercurrents that subtly discriminated against women. The text of the Civil Rights Act made it unlawful for an employer to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment, because of an individual’s race, color, religion, sex or national origin. This act covers hiring, firing, promotions and all workplace conduct. “The history of the 1964 civil rights act, and the series of events through which the need for the act evolved, is the longstanding conflict between those who would make employment related decisions based on bigotry, and those who believe that our country stands for freedom for all peoples, regardless of race, color sex, or national origin. After the civil war, slaves were free, but still unable to participate in many American cultural events because of lack of education, or lingering discrimination. In 1920, the 19th amendment prohibited exclusion to the right to vote to all Americans based on racial or gender identity. In 1963, the equal pay act guaranteed that workers who performed the same job tasks would be paid equally. In addition, in 1964, the Civil...
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...US HARASSMENT REGULATIONS 1 Complying with United States Harassment and Employment-Related Laws US HARASSMENT REGULATIONS 2 Complying with United States Harassment and Employment-Related Laws 1. Equal Employment Opportunity Commission(EEOC): Managing a business in the United States, whether large or small, involves complying with numerous laws and regulations that protect employees from harassment and discrimination. “The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. .” (http://www.eeoc.gov/eeoc/) The EEOC has the authority to investigate any accusations made against employers who are covered by EEOC laws (most employers with at least 15 employees). ”States are permitted to enact and enforce their own employment discrimination laws that include or expand the minimum protections afforded by the Federal laws.” (http://employeeissues.com) Since Pomodoro, Ltd., is a large multinational firm, it will need to abide by...
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...Businesses also have rules of conduct for every decision, from organizational structure to employee pay. Businesses often rely on legal experts in various fields of law to advise them on decisions in order to maintain compliance within the law. Laws of employment have had the greatest impact on the relationship between a business and its employees. Today, the EEOC enforces laws prohibiting discrimination in employment. The Impact of Law on Business Decisions The Equal Employment Opportunity Commission (EEOC) enforces the illegality of discrimination in employment due to race, color, religion, national origin or sex and retaliation against a person who claims discrimination. It encompasses pregnancy, conditions caused by pregnancy or childbirth, disability and genetic tests of individuals or their family. Affirmative Action was later added, which required businesses to prove employment of women and minorities. A Timeline of Civil Rights One only needs a brief history review to understand why some laws exist today. After the Civil War, state and local laws forced a separation of the races. This was upheld in the Supreme Court case of Plessy v. Ferguson. In 1896, the Supreme Court determined that ‘separate but equal’ was indeed, constitutional and upheld laws requiring segregation of races in restaurants, public restrooms, train cars, and drinking fountains, schools, separate entrances into buildings, and much more. Separation was the law’. (www.en.wikipedia.org/wiki/Plesssy_v...
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...Subject:Human Resources,Task1, Constructive discharge A constructive discharge occurs when an employee is legally justified in claiming that he was compelled to resign because the employer has made working conditions intolerable (By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).In this situation, an employee resigns because the employer was unresponsive to a harassment complaint. Complaint is about policy requires employees to work on a religious holy day .In this scenario Discrimination is harassment on the basis of religion. Employees with written contracts of employment have been more successful in proving constructive discharge when their employers unilaterally change the nature of their jobs(By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).If the employee has job agreement and description and that description includes work time then employer changed this work time and employee quit his job because of this reason that can cause employee sue the company. In order to prevent this kind of situation, employer should talk with employee about changing time shift or give permission to him during religious holyday. When employer hire their employee, he should come with agreement and job description otherwise this will cause problem every time. Human resource must make strong decision about their rules. May be source of problem is something else but employee approach the situation with discrimination. One of the possible thing is employee has...
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...her duties, and any qualifying active military personnel summoned for urgent need. (USDL2013). Employee A has been with Company X for two years. Employee A requested and granted leave when his children were born prematurely. Employee A’s leave lasted for 11 weeks. When he requested to return to work, he also requested to be paid the withheld salary from his 11 week leave. According to the given information it seems that no laws were violated because Employee A was granted leave and was able to return to his previous position with his previous pay. No information was documented from the previous manager stating that he should be given any withheld back pay. Situation B According to the United States Equal Employment Opportunity Commission (EEOC) and the Age Discrimination Employment Act of 1967 (ADEA), individuals who are 40 years of age or older cannot be discriminated against based on age. As long as employees are able to complete and maintain job tasks age should not be a factor in hiring, firing, and/or promotion. Employee B who has been with the current company for 42 years is performing above average work within his department and was recently denied his promotion. The promotion was given to a 32 year old employee who was evaluated and given adequate performance review. Based on the information given Company X violated the ADEA in reference to employee promotions, this company’s promotion should have been...
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...HCS/341 Legal, Safety, and Regulatory Requirements The United States regulates employment organization practices through state, federal, and local level laws. Human resources processes within the workplace are impacted by regulatory requirements. Regulations such as legal and social are necessary for organizations to control the existing workforce as well as future labor supplies within the workplace. The paper will attempt to discuss the effects that regulations have on the processes within the human resources department when relating to rationale and compassion within the workplace being replaced by litigation. The Civil Rights Act of 1964 is a law that was put into effect to protect individuals from being discriminated against during hiring processes. The Civil Rights Act has three sections which include equal opportunity, affirmative action, and sexual harassment (Cliff Notes, 2011). These three sections have an impact on the human resources department and it is important that human resources managers comply with these laws. The Equal Employment Opportunity (EEO) laws protect individuals from being discriminated against based on their age, gender, or race. Equal Employment Opportunity regulations help ensure that all individuals are given an equal opportunity when applying for a job or when individuals are considering working towards a promotion. Affirmative action requires that employers put forth additional effort to select and promote individuals who belong to a protected...
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...HRMT215-1401B-07 Colorado technical university April Bridges February 19, 2014 Professor Christopher Leigh It is imperative as Human Resource employees to understand the role The Equal Employment Opportunity Commission (EEOC) has on how business is conducted and to ensure that their laws and regulations are met. The human resource department is responsible for maintaining compliance of employment and work place related laws. The human resource department also trains personnel to ensure that the laws are understood and upheld. The Federal Equal Employment Opportunity laws prevent companies and supervisors from discriminating against employees on the basis of many different factors. These factors include race, color, and religion. The human resource department is responsible for investigating claims brought against the company by employees regarding discrimination. Human resource personnel must have policies and procedures in place that follow the equal employment opportunity laws. The human resource department is responsible for protecting the rights of employees and for preventing lawsuits against the company based on noncompliance to equal employment opportunity laws. (hr-issues-facing-business.html) The human resource department must maintain documentation that the equal employment opportunity laws are being upheld and that that discrimination is not taking place. The human resources department has had to change policy and implement new guidelines for hiring of employees...
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