American Employment Related Laws and Regulations
The Human Resource Department deals with several legal and safety laws as well as requirements that an organization must abide by in order to prevent law suits. This is also because the legal, safety and regulatory frameworks have serious implications on the human resource department. The laws and regulations ensure that all local and international employees have equal and fair treatment in the course of their employment. The rights of employees and employers are adequately covered by several distinct entities or institutions such as Occupational Safety and Health Administration, Equal Employment Opportunity Commission, and National Labor Relations, among others. These bodies were set up with the view of protecting both employees and employers from unfair actions on either's part. Therefore, this paper endeavors to show how the human resource departments should comply with American employment related laws and regulations. In addition, it evaluates a zero-tolerance harassment policy which prohibits harassment of whatever kind to employees.
Compassion and common sense in the workplace replaces litigation at Pomodoro Inc. Human resources processes at Pomodoro Inc. are greatly influenced by rules and regulations of the Department of Labor, Department of Homeland Security and American Equal Employment Opportunity Commission. In 2009, Mathis and Jackson notes that the Human Resource Department follows these laws and regulations as an initiative of ensuring that their employees have better working conditions. All the labor laws that dictate the relationship between the employer and employees have a set of regulations which incorporate all aspects of the law into the relationship. These laws and regulations are designed to prevent the management of the company from feeling that they can mistreat or fire employees without any probable cause. All these laws are implemented by the Human Resource Department. This is because it is the one responsible for writing as well as implementing good employment policies and also keeping records of the employees. One such policy which is essential to Pomodoro Inc. is the policy against harassment of any kind to employees.
The United States Department for Labor enforces and administers more than 180 employment-related federal laws. These laws and regulations protect approximately 125 million workers and 10 millions employers in the United States. These laws and regulations develop and promote the welfare as well as working conditions of employees. Some of the primary laws which Department of Labor enforces include the Occupational Safety and Health Act (OSHA), the Employment Retirement Income Security Act (ERISA) and Federal Employee's Compensation Act (FECA). The Americans with Disabilities Act also prohibits discrimination and harassment on the disabled in employment opportunities. This Act defines persons with disabilities and which acts or practices which they cannot be subjected to in the course of employment. Therefore, in the instance that an employee has any issues touching on employment at any place of work, the Department of Labor can provide assistance.
Pomodoro's policy with regard to harassment is that an employee will not be subjected to unwelcomed touching and sexual comments by any top manager and or fellow employees. This is with regards to harassment based on the various protected categories such as national origin, color, race, sex, and religion, among others. In the event that such occurs and a complaint is raised, the management should investigate and take stern actions against such conduct. The United States Civil Rights and Equal Employment Opportunity Act also permits an employee to file a complaint to a federal agency in the event that he or she is not satisfied with the internal mechanisms. Under equal employment opportunity as well as anti-discrimination law, an employee should not be subjected to sexual harassment. In the process of hiring, an employee will not be questioned on matters touching on his family situation. The Equal Employment Opportunity Commission developed a set of guidelines in September 1980. These guidelines provide that requests for sexual favors, physical or verbal conduct of sexual nature as well as sexual advances qualify as harassment in the course of employment. Title VII of the Civil Rights Act of 1964 tries to address issues of exclusion which occur at the workplace and it is the basis of anti-discrimination laws in the course of employment.
Pomodoro Inc. also outlaws any form of discrimination in the course of employment whether direct or indirect. Any form of victimization or harassment with regards to discrimination is highly prohibited. This includes discrimination during the recruitment process based on the common grounds provided in the Constitution. Unnecessary discrimination or favors based on one’s gender and other sectarian factors are not allowed. An applicant for a job opportunity will also not be discriminated or rejected on the basis of her or his age in the event that they qualified. Equally essential is the fact that the ethnic background, religion, and race will not be a ground for disqualification for employment or promotion opportunities. It will also be discriminatory to make assumptions or form stereotypes against an applicant or an employee for a job opportunity. This is in conformation to the Equal Employment Opportunity Act of 1972 which prohibits discrimination based on religion, color, sex and race of people, among others. The Commission on Equal Employment Opportunity investigates alleged discriminations cases occurring in the case of employment. The organization will also offer equal employment opportunities to non-citizens provided that the person seeking the employment is a legal immigrant or citizen of the United States of America.
Retaliation against an employee for opposing discriminatory trends, participating in an investigation, or filling a discrimination charge is strongly prohibited. The organization will desist from employment decisions based on assumptions or stereotypes concerning the performances, traits or abilities of individuals. The organization will also not deny employment opportunities to individuals because of association with or marriage to a person of a particular national origin, race, or religion. Pomodoro Inc. will post notices and articles to all employees informing them of the rights and obligations under the Equal and Employment Opportunity Act. These notices or publications will be accessible at the times of need to employees with visual and related disabilities which affect reading.
The Occupational Safety and Health Act prescribe the set of working conditions that should be provided to employees. The working environment should be healthy and safe for employees so that cases of injuries resulting in the employment may be eliminated or minimized. OSHA, in particular situations, extends to employers in the public sector provided that they comply with the regulations as well as health and safety standards provided by OSHA. Similarly, employers should provide their employees with an appropriate workplace that is free from severely recognized hazards as provided under the OSHA. Occupational Safety and Health Administration enforce and administers the rules and regulations of working condition and environment through investigations and inspections. Majority of public safety and labor laws as well as environment laws allows for whistleblower protections in the event that an employee complains violations of these laws by employers.
According to American Bar Association, the laws and regulations governing the treatment of workers in the course of employment are strongly based on the negative rights model. For example, the Equal Pay Act of 1963 requires employers to offer equal pay to men and women who perform substantially the same work or job of similar skills. However, employers are not allowed to reduce wages of either men or women in the name of equalizing pay. Equal Pay Act of 1963 is also violated if a labor union misleads an employer into violating the law. The Fair Labor Standards Act also prescribes the standards for overtime pay and wages which affect the majority of public and private employment. This Act is under the administration of the Wage and Hour Division and it requires employers to provide considerate wages to employees not exempted from overtime pay and federal minimum wage. In non-agricultural operations, this Act prohibits employing children below 16 years in certain activities deemed extremely dangerous and constraining on the school hours. The Immigration and Nationality Act also regulates the wages of non-citizens or immigrants authorized to work in the United States of America. A violation of the Equal Pay Act will also result in situations where different wages were paid to employees who worked in the same department after or before a person of the opposite sex.
In conclusion, the employment law regime in the United States of America is progressive seeking to realize the Constitutional and statutory rights conferred on persons for the simple reason that they are human.
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