Employment Law Policies for XYZ
Describe and explain all the possible employment laws that could govern the employment at XYZ.
Job discrimination. Title VII of the Civil Rights Act of 1964 prohibits hiring, firing or pay discrimination based solely upon a person's race, religion, sex or national origin. It also prohibits sexual harassment. Employees and applicants must be treated equally and harassment will not be tolerated.
Age discrimination. The Age Discrimination in Employment Act prevents discrimination against applicants or employees older than 40 because of their age. A person's age or proximity to retirement cannot be taken into account when making decisions on hiring, firing, pay, benefits or promotions.
Disability discrimination. The Americans with Disabilities Act (ADA) prohibits job discrimination against qualified people with disabilities who can reasonably perform a job's function. If hired, managers need to work with HR to help create reasonable accommodations for disabled employees.
Overtime/minimum wage. The Fair Labor Standards Act (FLSA) is the nation's main wage law, setting the bar for federal minimum wage and overtime pay and limiting the hours and type of duties that teens can work. Employees should be paid competitive salaries and overtime whenever possible.
Family leave. The Family and Medical Leave Act (FMLA) states that with at least a year of service can take up to 12 weeks off per year for childbirth, child adoption, serious personal illness or the care of sick family members. This is job-protected time off.
Gender-pay differences. The Equal Pay Act (EPA) says that pay for female and male employees must be equitable for work on jobs that require equal skill, effort and responsibility. Differences can only be attributed to varying levels of responsibility, skills or education requirements, not gender.
Military leave. The Uniformed Services Employment and Re-employment Rights Act (USERRA) prevents discrimination against workers who volunteer or are called to military duty. When reservists return from active duty tours, XYZ must re-employ them to their old jobs or to equal jobs if it is within five years.
Workplace safety. The Occupational Safety and Health Act (OSHA) requires employers to operate a safe work environment with no noticeable hazards or potential safety problems. Any issues in this regard must be addressed immediately.
Immigration. The Immigration Reform and Control Act (IRCA) makes it illegal to hire and employ illegal aliens. Identification and workplace eligibility for all hires must be verified by completing I-9 Forms.
Pregnancy discrimination. The Pregnancy Discrimination Act (PDA) prohibits job discrimination on the basis of "pregnancy, childbirth and related medical conditions." XYA cannot deny a job or promotion, terminate or force a medical leave merely because an employee is pregnant. Pregnant employees must be treated the same as all other employees on the basis of their ability or inability to carry out the duties of their job.
2. Define and explain the employer-employee relationship that could exist at XYZ.
In all organizations, the employer-employee relationship is critical to the success of the company. At XYZ, employers and employees will work in close quarters and will inevitably develop relationships that are vital to the business and also impact employee happiness. This has a direct correlation to increases in productivity and business success.
The employer-employee relationship will be based on mutual respect. The level of closeness between management and subordinates may vary from department to department and will ultimately depend upon the individuals, but boundaries will be maintained so that friendships do not blur the hierarchy (Hutson, 2012). This is important because too much closeness can cause conflict and confusion (e.g. accusations of favoritism and unfairness). Romantic relationships are highly discouraged. Professionalism must be maintained at all times.
In addition, everyone should recognize the mutual reliance/co-dependence that exists between the employer and employee. Employees should always be treated with respect and it is the company's obligation to see that individual managers do not abuse their power or mistreat their subordinates. The employee needs to be able to rely on the employer for safe working conditions, pay, job stability and professional growth. The employer needs each member to perform his or her job as effectively as possible to ensure that the business prospers. By working together from a place of mutual respect, everyone will benefit and XYZ will run smoothly.
3. Identify and explain the different forms of discrimination that XYZ could face including race, gender, sexual harassment, sexual orientation, religion, national origin, age and disability.
For protection against discrimination in the workplace, many laws have been instituted over the years in support of marginalized groups and those often treated unjustly....
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