Employment_Law

Employment Law Paper Monica Benefield BUS 415 Terry Turner, Facilitator July 26, 2009 Employment Law In today’s workforce, employment law is the legal framework in which organizations will need to operate in their treatment of employees. The employers must follow all federal and state regulations and laws. These laws and regulations cover a range from health, safety, and labor relations along with human resource practices such as recruiting, hiring and performance. The law also states that it is unlawful for an employer to fail or refuse to hire or to discharge any individual, because of this individual’s race, religion, sex or national origin. This law also covers business’s that have 15 or more employees and applies to all private, federal, state and local employers. This paper will discuss one of the federal employments Title VII of the Civil Rights Act of 1964, per Cheeseman, was intended to eliminate job discrimination based on the race, color, national origin, sex and religion of a person. The other is disparate-treatment discrimination which is when an employer treats a specific individual less favorably than others because of that person’s race, color, national origin, sex or religion. Racial discrimination is a high profile issue in the business world and is a very real problem that still exists and in some cases is getting worse. The Civil Rights Act included the prohibition of job discrimination and the creation of the Equal Employment Opportunities Commission. This act was to improve the quality of life for African Americans and other minority groups. When it comes to workplace discrimination this would fall under the EEOC, where a report have to be filled with the EEOC. Then the EEOC have the right to investigate all claims of discrimination. Many times the EEOC will try to work things out with the company but it all fails then a class action lawsuit is filled against the organization on behalf of an employee who has allegedly suffered from discrimination. In my case, it might have been hard to prove. I worked at National Oilwell Varco back in 2004 at the corporate office. There where only four people in our department, my manager, supervisor, co-worker and myself. I was the only African American on the team. When I was interview I was told that I would fit perfectly in the group, not basing anything on my knowledge or experience. After being hired, during training with my supervisor, I was talked to like a two year, pushed and shoved around. This would only happen when my manager was not around. Well I got tired of being talked to in that tone and manner, I ask my supervisor to please do not talk to me that way. Well that conversation went all the way to the Human Resources Director. I had a meeting with him, my manager, and supervisor. I was told I need to learn to shut my mouth, that I just got a new home, and a wonderful rise. Then I was asked if I wanted to keep my job and house I needed to be silent. I was also told that another gal didn’t make it because she was black, that we don’t know how to be behaved ourselves and we wear our attitudes on our shoulders. I just sat there and dealt with all the rudeness and never said a word. I was talked about in front my other co-workers on the floor by my superiors. Then in December things started to quiet down well at least I thought until January 5th I was laid off, which was a chance for them to cover everything up because they are being investigated by the EEOC by another employee which was the same lady they referred to me as. The hold incident was covered up but I do believe that a class action suit was filed against the company on behalf of other lady. I would cry and pray every day before I got out of my car to go to work. I was a single parent taking care of my son and I’ve never, ever had to deal with any kind of discrimination until then. I was very upset and wanted to hurt somebody but I knew that would not solve anything. What I should have done right after it happened was contact the EEOC and file a complaint and express what happened and let them know that I was being discriminated against because of my color along with being called Negro and other names that will not be mentioned. Ever since that one incidient I’ve had a hard time trying to trust anyone of all colors because people are just trying to get ahead at all costs. There is also another incident that I deal with everyday in my current job. I know how to handle these situations because really nothing ever gets done, due to all of the politics in the office. This situation is considered as disparate-treatment discrimination. I’m not the only one in our group who felt this way because we had a conversation with amongst ourselves about certain things that happens in our office. Then I decided to ask. I want to make sure this would not go against me or no one would be offended just because I did ask such things. My manager and another co-worker went to lunch, that’s when I asked was she prejudice against her own race. The answer was no, but I explained the reason why I asked. There was better treatment towards others that was not minority. My manager said that she had been asked this questions before from her other job. One would take a step back and look at how you treat people, all people in general, not just minority especially if this question has come up in the past. Well things got better slightly and this it happened again but with another co-worker who felt that same way I did and again this question was asked and that employee got the same answer I did, “no”. The actions that could or should have been taken in these situations, it must be proven that I belong to the Title VII protected class, and then file a complaint with the EEOC. After the EEOC have would investigate/sue the employer on behave of my complaint. Once things have been taken into consideration there are remedies for Violations of Title VII such as back pay, compensatory and punitive damages. Other remedies are reinstatement and fictional seniority (Cheesemen, 2007). Reference Cheeseman, Henry R. (2007). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues, 5e Chapter 21: Equal Opportunity in Employment. Retrieved from University of Phoenix eBook Collection Database.