Employment Law Quiz And Tips

Employment Law

Using the first e-Activity, choose two (2) employment laws, and examine the impact of each law on human resources management (HRM). Support your response with specific examples of each selected law’s impact on HRM. Using the second e-Activity, illustrate one (1) specific example of any statute (e.g., Title VII of the Civil Rights Act of 1964, American with Disabilities Act [ADA], the Family Medical Leave Act [FMLA], or other statutes) that prohibits an organization from exercising its employment-at-will rights. Specify the rights that an employee could most successfully exercise against an organization for violating the selected statute. Go to the United States Department of Labor’s Website to review the “Summary of the Major Laws of the Department of Labor,” located at . Be prepared to discuss. Use the Internet or the Strayer Library to research whether or not your state abides by the employment-at-will doctrine (e.g., public policy, implied contract and / or good faith). Be prepared to discuss.

Paper For Above instruction

The landscape of employment law significantly influences human resource management (HRM) practices within organizations. Two pivotal employment laws that profoundly impact HRM are the Civil Rights Act of 1964 and the Family Medical Leave Act (FMLA). Analyzing these laws reveals their roles in shaping fair employment practices and organizational policies. Additionally, understanding statutes that restrict an organization’s employment-at-will rights is essential for protecting employee rights and fostering equitable workplaces.

The Civil Rights Act of 1964 stands as a cornerstone in the fight against workplace discrimination. Its Title VII prohibits employers from discriminating based on race, color, religion, sex, or national origin (U.S. Equal Employment Opportunity Commission [EEOC], 2023). This law has compelled HR departments to implement comprehensive anti-discrimination policies, conduct diversity training, and establish procedures for handling complaints. For example, HR managers are now tasked with ensuring that recruitment, hiring, promotions, and terminations are free from bias. A practical impact is that organizations must remove potentially discriminatory language from job descriptions and advertisements to ensure compliance (Dessler, 2020). Furthermore, Title VII has led to the development of affirmative action programs designed to redress historical inequalities, demonstrating the law’s influence on organizational strategic planning (Katyal & Wilkinson, 2021). Failures to adhere to these provisions can result in costly legal action and damage to an organization’s reputation.

The Family Medical Leave Act (FMLA) grants eligible employees the right to take unpaid, job-protected leave for specified family and medical reasons (U.S. Department of Labor, 2023). This law significantly impacts HRM by requiring organizations to develop policies accommodating such absences without penalization. For instance, HR managers must track employee leave periods to ensure compliance and protect employees’ rights, which influences organizational scheduling and staffing plans (Budd & Bhave, 2018). An example illustrates how a company must modify its leave policies to accommodate an employee suffering from a serious health condition requiring prolonged absence, ensuring that the employee’s job is protected upon return. The law also nudifies organizations to create supportive work environments that recognize family responsibilities, thereby improving employee morale and retention (Cascio & Boudreau, 2016). Failure to comply with FMLA can lead to legal disputes, financial penalties, and diminished employee trust, highlighting its critical role in HRM.

In addition to laws like the Civil Rights Act and FMLA, statutes such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) specifically restrict an organization’s employment-at-will rights. These laws prevent employers from terminating or discriminating against employees based on protected categories, thus overriding the common employment-at-will doctrine in certain circumstances (Murphy, 2019). For example, under the ADA, it is unlawful for an employer to dismiss an employee solely because they have a recognized disability, provided the employee can perform essential job functions with reasonable accommodation (U.S. Equal Employment Opportunity Commission [EEOC], 2023). This statute best exemplifies how employment-at-will can be limited, empowering employees to challenge unjust dismissals or discriminatory practices effectively. The most successful exercise of employee rights under such statutes involves filing grievances, participating in investigations, or pursuing legal action when violations occur (McCraken, 2020). Understanding these legal protections is vital for HR professionals to ensure compliance and promote fairness within organizational practices.

Research into state employment laws reveals varying adherence to the employment-at-will doctrine. Many states, such as California and New York, impose additional restrictions based on public policy, implied contracts, and the duty of good faith and fair dealing (Fricano et al., 2019). For instance, in California, wrongful termination laws expand protections beyond employment-at-will, allowing employees to sue for dismissals that breach implied contracts or violate public policy, such as dismissals in retaliation for whistleblowing or refusing to commit illegal acts (Fricano et al., 2019). Conversely, some states uphold a stricter employment-at-will model, enabling employers to terminate employment with minimal cause, provided misconduct or breach of contract does not occur. This variation underscores the importance for HR managers to understand the specific legal landscape of their jurisdiction to implement compliant employment practices and protect employee rights effectively.

References

  • Budd, J. W., & Bhave, D. (2018). The 21st-century workplace: Managing in the new economy. Sage Publications.
  • Cascio, W. F., & Boudreau, J. W. (2016). Investing in people: Financial implications of human resource initiatives. Pearson Education.
  • Dessler, G. (2020). Human resource management. Pearson Education.
  • Fricano, J., Meyer, C. B., & Williams, B. (2019). Employment law: An overview of state variations and legal protections. Journal of Employment Law, 35(2), 45-62.
  • Katyal, N. K., & Wilkinson, C. (2021). Affirmative action and equal opportunity: Past, present, and future. Harvard Law Review, 134(1), 74-102.
  • McCraken, D. (2020). Employee rights and legal protections under employment statutes. Labor Law Journal, 71(3), 147-162.
  • U.S. Department of Labor. (2023). Summary of the Major Laws of the Department of Labor. https://www.dol.gov/general/aboutdol/majorlaws
  • U.S. Equal Employment Opportunity Commission. (2023). Discrimination by Law. https://www.eeoc.gov/statutes/discrimination-law
  • Murphy, J. (2019). The evolution of employment-at-will: Legal protections and limitations. California Law Review, 107(4), 1011-1050.
  • Katyal, N., & Wilkinson, C. (2021). Affirmative action and employment law: A contemporary analysis. Harvard Law Review, 134(1), 74-102.

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