Assignment 1: HRM 510
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HRM510_EmployementLawsLarryRatliffJr.pptxEMPLOYMENT LAWS
Larry Ratliff Jr
Strayer University
HRM 510
October 20, 2019
Dr. Barrett
Header – Employment Laws
Author – Larry Ratliff
University – Strayer
Class – HRM 510
Date – October 20, 2019
Professor – Dr. Barrett
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Employment Laws
Constituted to guide employees and employers
Enforced legally
Violation leads to consequences
Focuses on working relationships
Establish boundaries
Guide organizations
Employment laws are constituted with the main aim of making sure that law and order are followed to the place of work (Harten, 2016). The labor laws come in place to give the employee a voice. The laws do not only focus on the employer but they also focus on the employee. They state what the employee and employer should do to promote fairness and justice at the place of work.
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Employment Laws
Fair Labor Standards Act.
Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
Occupational Safety and Health (OSH) Act.
Wage and Hour Division.
Immigration and Nationality Act (INA)
Worker Adjustment and Retraining Notification Act (WARN)
The sections of the laws that have been outlined are some of the sections that are used to protect the employee from harm that might have been planed and later executed by the employer (Harten, 2016). The law is diverse and this is because different needs of the employees. The law promote safety at the place of work. At the same time, they make sure that the employer treats the employee fairly.
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Employment relationships determiners
Employees are juniors
The law protect them from the possible oppression of the employers
Employees are valued
Employees are as important stakeholders as the employers
Employees are the abiders of the policies
Employees affect their relationships with their employers
Even though employees are juniors, they are also important in determining the relationship at the place of employment. The law values the employees and this is seen in the way that it protects them from possible discriminations(Gay & Kagan, 2018). The absence of an employee would directly hurt an employment relationship.
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Employment relationships determiners
Employers are as important as employees
They are considered
The laws do not oppress their businesses
Their policies are respected
They are consulted in decision making
They dictate their relationship with the employees
An employer is an important party when it comes to employment laws (Harten, 2016). The reason behind it is that the law targets him and restricts him in different ways. However, in determining relationships, the employer is as important as the employee.
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Employment relationships determiners
When the employers are good to employees, relationships are good
When employees are submissive, their relationships improve
Employees and employers both determine their relationships
The actions of one party affect the other
The law puts the employer on top
The law also prioritizes the employee
When an employee is good to an employer, there is a bond that is created. The bond affects the relationships of the two. It is therefore evident that both the employee and the employer have the power to determine employment relationships (Harten, 2016). The reluctance or withdrawal of any one of them would affect the whole relationship.
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Concept of employment discrimination
Treating some employees better than others
Promotion of biases
It is against the law
It is punishable by the law
An unethical behavior
Motivated by personal interests
The law protects employees when they are in the hands of the employer. Employers should make sure that all employees are treated fairly and equally (Harten, 2016). The act of treating other employees better than the rest is condemned by the law (Harten, 2016). The act goes against the constitution that offers freedom and rights.
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Concept of employment discrimination
Promotes unfairness in the place of work
It can be promoted vertically (leader to employee)
It can be promoted horizontally (employee to employee)
Affects business relations
Decreases productivity
Breaks teamwork bonds
Employment discrimination promotes an environment that is not good in the place of work. The reason behind it is that some people are treated better than others. Discrimination can be promoted by the employer or fellow employees. In organizations where it is frustrated, actions are taken against the perpetrators.
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Concept of employment discrimination
Can be promoted through words
Can be promoted through
Unequal distribution of resources
Uneven distribution of tasks
Favoritism
Perpetrators feel superior
Words can be used to promote employment discrimination(Gay & Kagan, 2018). Words can be from a superior officer or from a fellow employee. At times, people of a certain race might be allocated easier and better tasks as opposed to others. In the concept of discrimination, the perpetrator feels superior than the victim.
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Types of discrimination
Racial discrimination
Based on the race of a person
Bullying of a different race
The victim race is considered an outsider
Segregation at work
Inequality in employee benefits
Racial discrimination is promoted on the basis of race. In such cases, one race views the rest as races that are inferior (Taylor & Emir, 2015). A good example can be seen in the history of the United States (Harten, 2016). In the 1950s, Martin Luther fought for civil rights. The reason why did that was that African Americans were openly discriminated.
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Types of discrimination
Gender discrimination
Mostly affects women
One gender is favored over the other
Inequality in pay
Inequality in promotions
Failing to meet gender needs
Gender discrimination is the oppression of certain people because they belong to a certain gender. When the words gender discrimination are pronounced, the first gender to pop out of the mind is female(Gay & Kagan, 2018). The reason behind it is associated with the fact that women have been victims of gender discrimination for a long period. Women are oppressed and treated unequal at the place of work. The reason behind it is associated with the fact that there is a misled notion that women are inferior while compared to men.
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Types of discrimination
Religious discrimination
Only people of a certain religion are respected
Diverse religious needs are denied
Job refusals
Job dismissal
Excluded
Religious discrimination is promoted on the basis of religions. For example, if an organization is owned by Christians, it might oppress the Muslims. The perpetrators view their faith as superior to the faiths that are practiced by different religious groups (Harten, 2016). As a result, they treat people from other religions in unfair ways.
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Retaliation
Employers might retaliate an action by the law
They can do so through;
Unfair audits
Unjust sacking
Decreased pay
Frustrate promotions
Laws of employment might be at times harsh to the employers. Some of the employers who might be punished might end up selecting an a different method to retaliate. Some may choose to turn to the employees and oppress them with the aim of getting even (Taylor & Emir, 2015). The person who might have led to the process is most likely to be affected in the case of retaliation from the employer.
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Retaliation
Retaliation be done legally or within the organizational policies
When employers go to court, it becomes a legal retaliation
At times an organization uses its policies to get back at the employee
The first is highly recommended
The later extends discrimination
Organizations should allow the consequences to take toll
Organizations are different and this is why they retaliate differently. Some organizations choose to use the legal ways while some use the policies of their organization(Gay & Kagan, 2018). The organizations that use their policies might manipulate information and facts to find grounds to sack or demote an employee. In this case, it is important to note that organizations have been the power to come up with their own policies.
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Retaliation
Illegal retaliations are punishable by the law
The punishment might be bigger than the first
The victim benefits
The perpetrator might be forced to compensate the victim
Sometimes the employers retaliating by discriminating the employees more
They therefore increase employee suffering
An organization is only allowed to engage in legal retaliation if it is not happy with the laws of discrimination (Gay & Kagan, 2018). Organizations that choose to engage in discriminatory in nature expose themselves to the risk of being punished within the confines of the law. Instead of retaliating, an organization is advised to look into the issues that have been highlighted and work on promoting justice and equality.
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Conclusion
Laws are important in workplace
The human resource should educate them to the employees
Discrimination is affecting many people
The law comes in place to change that
Provision of equal rights at the place of work frustrates discrimination
The laws have brought a lot of changes to the employment sector
Employment laws have come a long way to change the workplace in the modern day. The laws have helped to promote workplace equality. The world of business has been dealing with the issue of discrimination for a long time. The laws have helped to slowly reduce the cases of discrimination.
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References
Gay, D. S., & Kagan, A. M. (2018). Big Data and Employment Law: What Employers and Their Legal Counsel Need to Know. ABA Journal of Labor & Employment Law, 33(2), 191-209.
Harten, N. (2016). Disability and the employer's duty-a comparison with Ontario, Canada: employment law. Without Prejudice, 16(7), 9-12.
Taylor, S., & Emir, A. (2015). Employment law: an introduction. Oxford University Press, USA.
