Running head: HUMAN RESOURCES POLICY 1
Human Resource Policy
Liberty University
BUSI – 642
Abstract
HUMAN RESOURCES POLICY 2
It is essential for all organizations whether considered big or small to establish policies to ensure
the employees are well informed of the policies and procedures of the business. Therefore, all
employees should be given an employee handbook with the information at the onset of
employment. All employees should be required to read and sign acknowledging they have read
and understand the information. The employee handbook should also inform employees with
whom they should contact should an issue arise. In addition, periodically meetings should be
held to update any additional information, changes or supplemental trainings to ensure all rules
are upheld and all laws are being followed. It is thus imperative to ensure when creating an
employee manual, key factors are addressed to ensure all areas of employee equality are met and
to offer a guide as to the expectations the company along with its employees are to adhere.
Although, this business is rather small, certain employee laws have been created to ensure all
employees will be treated fairly in a workplace free of discrimination in accordance with federal
guidelines. The policies to be addressed specifically relate to equal employment, harassment in
the workplace, and workplace safety.
keywords: workplace, equal employment, safety, harassment, business, laws, policy
Human Resource Policy
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The human resource department addresses many aspects of employment procedures and
policies, which accent the company and the mission it pertains. There are nearly 30 million
small businesses that exist within the United States and many were introduced into the market in
the 1990’s, when bigger businesses terminated many jobs (U.S. Small Business Administration,
2017). It is of the upmost importance for companies regardless of size to invest in a human
resource department to implement an employee handbook to ensure communication of
expectations of both the employer as well as the employee have a guideline to follow. The use
of a policy manual creates a responsibility of the employer along with the employee to increase
understanding of the organization and the provisions which should be adhered to. A human
resource department can ensure up to date information and as well provide a go between when a
complaint should arise versus the employee going elsewhere to have their issue or concern heard.
Therefore, the cost of hiring a human resource department would ensure all policies are accurate
and meet the needs of all parties involved (Think Legal, 2017).
Many company owners are engaged in cost productive measures and the revenue portion
of the business and they cannot offer the additional attention that is much needed when hiring
new employees. Small business owners may not feel the need to establish a policy manual, due
to the nature of the business, but all businesses regardless of size can benefit from an employee
handbook (Gomez-Mejia, Balkin, & Cardy, 2016). Along with hiring new employees it is also
imperative new employees are aware and understand what is required to ensure compliance of
the company’s mission along with the provisions that ensure they provide equal employment
opportunities to all of their employees. The employee handbook is a valuable tool which not
only outlines the mission and culture of the organization, but is a great reference for employees.
The
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human resource department can offer the company with the much needed advisement when
advertising, hiring and implementing regulations, along with following state and federal laws.
Equal Employment Opportunity
Countless complaints arise when an employee feels as though they are being or have been
mistreated in the workplace. According to Galatians 3:28 “There is neither Jew nor Greek, there
is neither bond nor free, there is neither male nor female: for ye are all one in Christ Jesus” (Life
Application Study Bible, 1988). However, since differences have been an issue in the
workplace, laws have been established to support businesses to ensure everyone is treated
equally. These laws are enforced by the Equal Employment Opportunity Commission (EEOC)
which ensures all employees employed in a business of 15 or more employees are covered by
government laws pertaining to race, religion, sex, age, and disability (U.S. Equal Employment
Opportunity Commission, 2017). The EEOC is an independent federal government agency the
promotes equality in employment opportunities and enforce federal civil rights laws (U.S.
Department of Labor, 2017). Due to the revisions and amendments of laws, hiring someone
knowledgeable in this area could assist in identifying and maintaining accurate policies and
adapt the employment manual upon their refinement. Included in the handbook should include
where an employee should go and who to seek should a grievance or a problem occur.
Establishing such an avenue ensures employees will be supported if they have a concern and
provides them in the resolution process. Many employment laws have either been amended or
added to the already existing laws that govern equal employment and therefore, this would be a
cost effective measure to decrease law suits and stay abreast of any changes that are taking place.
In addition, involving a human resource consultant could also ensure when advertising for
positions, the proper terminology can be used to ensure all prospective applicants feel as though
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they qualify for the position. The employer should as well clearly identify themselves as an
equal employment employer.
Civil Rights Act
Federal laws were initially established in 1964 which pertained the Civil Rights Act
which forbade employers from discriminating against someone on the basis of sex, along with
race when hiring a prospective employee, promoting and/or terminating an existing employee
(Clark, 1991). A policy acknowledging equal employment for all would aid in establishing an
unbiased workplace and reinforce violators of discriminatory practices within the organization
would not be tolerated. The law also ensured employees of all races were to be provided with an
equal opportunity of employment regardless of their outward appearance and were to be
consistently and equally provided with employment opportunities otherwise not granted. The
law enforced the employer’s responsibility of affording everyone the equal right to be employed.
The 1960’s brought many changes within the work system and increased the amount of women
working outside of the home. Women were also offered an opportunity to work outside of the
home as times were beginning to change. Women were now not associated with being a home
maker and fought for the right to work. Women along with other minorities faced
discrimination because of who they were. By 1978, Title VII of the Equal Rights Act was
amended at this time to accommodate women (U.S. Equal Employment Opportunity
Commission, 2017). However, their skills and abilities were not taken into account and would
often be overlooked for employment and those who were hired were often paid less than males.
Equal Pay Act
The enactment of the Equal Pay Act made it unlawful to pay someone of another sex less
pay once it has been established they are doing the same type of work (U.S. Equal Employment
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Opportunity Commission, 2017). Prior to the passing of the Equal Pay Act men and women
were paid proportionately different for the same job. Women on average were paid 59 cents in
comparison to the dollar males received. The latest 2010 report concluded that the gap was
narrowing but still yet women are not being equally paid (Gomez-Mejia, Balkin, & Cardy,
2016). The case of Lilly Ledbetter made history when she sued the Alabama Goodyear Tire and
Rubber Company she had been working for, for nearly 20 years when she learned she was not
being paid the same amount as her male counterparts and doing the same amount of work. In
2009, the former President Obama passed the Lilly Ledbetter Fair Pay Act, amending the Civil
Rights Act of 1964 declaring it is an unlawful employment practice (Attorneys At Law, 2009).
Many faced the issue of not having the skills needed to vie for jobs and were much older than
their counterparts and therefore, were still overlooked for employment and consequently upper
management positions.
Age Discrimination
Prospective employees are becoming older and older, as many have found social security
benefits are not providing older Americans with the income necessary to live in retirement
without finding it necessary to continue employment. According to the National Council on
Aging in 2015 there were over a 30 million employed above the age of 55 and over a million
more were actively seeking work (2017). Although, they are eagerly looking, some find it
discouraging due to the lack of skills needed to meet the advancements in technology. Some are
being overlooked due to their age alone and therefore laws have been enacted to ensure all
individuals over the age of 40 have equal employment opportunity. Older adults who have been
in the workplace for many years, are sometimes at a disadvantage and are not as tech savvy as
their younger colleagues and need to be trained. Unfortunately, many companies identify
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training existing employees as a costly endeavor and are not as eager to implement the training.
As time has changed technology has been a major influencer in the ability of many older workers
who have not used many of the new technology that is provided within the global climate that is
being invented and ever revolving. Therefore, many organizations have overlooked many older
workers or have terminated employees who were not able to use the technology necessary for the
company to grow. Thus, the Age Discrimination in Employment Act of 1967 was enacted to
ensure older persons were employed based on their ability and not on their age (U.S. Department
of Transportation, 2017). However, in 2008 the Supreme Court decided that Reasonable Factor
Other Than Age (RFOA) was grounds for termination, only if age was not a factor and the
employer has met all the reasonable practices to retain the employer (Guerin, 2017). In other
words, in the scenario of layoffs, the employer must prove that the downsizing of older adults
was not on the basis of age, rather their performance. It should not be determined that a younger
employee with a poor performance evaluation is kept, just to save the company money per say.
Hence, the reason for accurate and fair performance evaluations, based solely on abilities.
However, that does not equate to someone not being able to fulfill their duties due to a disability
and proper equipment is not offered.
Disability Discrimination
The Americans with Disabilities Act of 1990 was wrote into law to prevent employers
from discriminating against an individual based on their disability and must provide reasonable
accommodations to such individuals to ensure equal employment (U.S. Equal Employment
Opportunity Commission, 2017). On the other hand, and employer does not have to
accommodate the needs of a disabled employee if it is deemed as an undue hardship. However,
an employer must show proof and exhaust all other means of accommodations to ensure they
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have not broken any laws. As well the law also forbids employers from retaliating against an
employer for complaining about being discriminated against. The disabled persons need to be
accommodated to ensure equal access should be feasible to avoid further lawsuits. As well an
employer, along with employees cannot harass an employee. Another critical factor that should
be addressed in the employee handbook is harassment.
Harassment
Harassment is termed as any unwelcomed and offensive forms of abuse relative to a
person’s age, race, disability natural origin, color and or religion (U. S. Equal Employment
Opportunity Commission, 2017). According to Hersch (2011) nearly two million people are
employed outside of their home. Most employees intend to do their job proficiently and
effectively without being harassed on the job. However, statistics state that over 10 thousand
people filed sexual harassment charges in 2011 and over $50,000,000 was awarded to victims
(U.S. Equal Employment Opportunity Commission, 2017). Sexual harassment takes on the form
of many variations; from colleague to colleague, supervisor to subordinate, same sex, as well as
from outside contact, such as vendors. A landmark case presided by the Supreme Court ruled in
the case of Meritor Savings Bank v. Vinson in a sexual harassment case. According to the
outcome the Court of Appeals determined that sexual harassment is considered a violation of
Title VII to include asking for sexual favors for employment benefits along with unwanted
demeaning comments due to the employee not engaging into sexual acts (Hersch, 2011).
Although, many appear to report acts of misconduct, many employees do not say anything for
fear of the consequences or perhaps due to retaliation (Hershcovis, 2010). However, Scriptures
states in Isaiah 41:10 “Fear though not, for I am with thee: be not dismayed; for I am thy God I
will strengthen tee; yea, I will help thee; yea, I will uphold thee with the right hand of
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righteousness (Life Application Study Bible, 1988). Harassment in the workplace regardless of
the nature would not be tolerated. Incorporating a policy addressing the importance of a
workplace free of unwanted or unwelcome harassment would not only identify that it happens,
but it would also address not condoning it. In Matthew 7:12 “In everything, then, do to others as
you would have them do to you. For this is the essence of the Law and the prophets”. Ensuring
all employees have access to a safe work environment that is accessible to all.
Workplace Safety
Equal access
The Americans with Disabilities Act of 1990 forbids employers from discriminating
against employees as well as patrons based on a disability (U.S. Equal Employment Opportunity
Commission, 2017). Companies of all statures must ensure equal access to their facilities, so not
to discriminate against a merchant. Not only does the amended law which went into effect in
2012, require accessibility to the owner’s facility, but accommodations when using the restroom,
to include the basin height (The Economist, 2017). Although, the law is a little vague when
stating who can sue or how often, it is left up to the courts to hear the cases to make a final
judgment. As in the previous mentioned lawsuit, the patron never asked to use the wheelchair
lift, yet because it was not visible it was considered not accessible. The particular patron that
sued this hotel, had filed claims of disability discrimination against over 500 other facilities in
2014. Therefore, it comes as no surprise when employers are being sued for equal access, as in
the case of a Florida hotel owner. Although, small businesses or privately owned businesses may
think they are exempt from these types of lawsuits they are not. In the above mentioned lawsuit
the hotel owner had already paid over $8,000 in legal fees and the case had not yet been
resolved. In 2014 alone, nearly 5,000 lawsuits of discrimination went to court, consisting of over
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a 60 percent rise in previous years (The Economist, 2017). Therefore, it is imperative for all
businesses to be proactive and address these modifications, especially if the concern could be
hazardous.
Hazards
All employees should feel as though when they come to work it will be a safe work
environment free of all environmental hazards. The policy manual should include guidelines for
employees and who to speak to. The Occupational Safety and Health Act of 1970 (OSHA Act)
requires all employers must inform their employees of any safety or hazardous conditions in the
workplace and be proactive in resolving such issues (Occupational Safety and Health
Administration, 2017). As well employers are obligated to ensure all hazards or violations under
the OSHA Act are removed or minimized to reduce the risk of harm to their employees. In
combination with safety concerns an employee has the right under the National Labor Relations
Board (NLRB) established in 1935 to protect themselves and refuse to work in those conditions
(National Labor Relations Board, 2017).
Working conditions extend farther than hazards and safety, included in these conditions
could be the hours, equipment and training. Some employees although they are getting paid for
their work, are asked to go beyond their normal work shift. On the other hand, some employees
work after hours to complete reports or answer e-mails, etc. which can have a devastating impact
on their emotional state, their families and their ability to balance work and home (Gomez-Mejia,
Balkin, & Cardy, 2016). Another issue is inadequate or unsafe equipment. Employers will often
cut corners and use equipment that is faulty or is in need of repair and place employees at risk of
a health code violation. In the case of Jo Ellen Latham who won a lawsuit against the city of
Redondo Beach, California. She filed a disability discrimination lawsuit because she suffered a
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herniated disc in her neck after continued use of antiquated magnifying equipment. She was
subsequently awarded over $100,000 (U.S. Equal Employment Opportunity Commission, 2017).
Employees are often placed on equipment or use equipment that they have not been properly
trained. Training is essential and imperative to avoid harm or inappropriate use when operating
equipment. Not only does this deteriorate equipment faster, it also placed the employee and
those around them at risk of harming someone else. Therefore, a policy addressing concerns of
workplace safety and who to address issues related to these concerns should be specifically
stated.
Summary
Establishing a work environment conducive for productivity is essential, especially for
the growth of a company. Unfortunately, many small businesses due to the family friendly
atmosphere feel policy manuals are not required or are a costly process they do not feel obligated
to do. However, policies and procedures need to be implemented to assure all employees work
in a space that provides them with a sense of equality, safety, and security. A policy manual can
ensure employees are aware of what is required, offer guidance and is essentially a useful
resource should a question or concern arise. Therefore, it is a necessity for small business
owners to consult with a human resource organization to offer guidance on how to incorporate a
policy manual, what should it address and allow for maintenance of key laws should they be
amended. A policy manual can be a useful tool for the owner as well, since some do not think
since they are considered a small business, they cannot get sued. This writers father owns his
own business and as many times as he has been encouraged to update his company policy
manual because it is severely outdated and needed to acknowledge the matters that could become
issues, he was unwilling. He was also not technology savvy and his company was falling behind
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innovation and lacked marketing. Although, he has since created a web page via an outside
source the company has not been obtaining the work it had years ago and subsequently many of
the employees have been laid off.
References
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Attorneys At Law (2009). Equal Pay for Equal Work. Retrieved from Attorneys At Law:
http://www.lillyledbetterfairpayact.com/home.html
Clark, C. (1991). "Sexual Harassment: Men and Women in Workplace Power Struggles."
Washington, DC: Congressional Quarterly, Inc.
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Hersch, J. (2011). Compensating Differentials for Sexual Harassment. The American Economic
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Administration:
https://www.osha.gov/youngworkers/hazards.html
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