Organziation

Equal Employment Opportunity and Employee Rights Review Krista Buerman, Andrea Carrillo, Robert Deuel, Dana Green, And Gerald Padron HRM/300 November 19, 2012 Alvin Tucker Equal Employment Opportunity and Employee Rights Review Equal employment opportunity is the right of all people and the responsibility of each employer. Employers must maintain a fair workplace and recruit, develop, and retain a diverse workforce. An environment in which personnel can develop and apply a range of competencies, solutions, and ideas is fostered. The Equal Employment Opportunity Commission came into creation by Title VII of the Civil Rights Act of 1964. The history of Equal Opportunity Employment is littered with the grassroots efforts from African Americans and other minority groups. The anti-discrimination movement began with a period of fervent interracial lobbying and litigation. However, the fruits would soon come into realization. The passage of anti-discriminatory protections like the Americans with Disabilities Act (1990) and the Family and Medical Leave Act of 1993 people would have some sense of security regarding equality at workplace. A number of laws, amendments, and executive orders have shaped the way HRM functions today. Employees have the right to fair compensation, privacy, and freedom from discrimination. These rights are not just for the employee, but hold true the applicant. The basic rights include free from discrimination based on race, age, gender, religion, sexual orientation, and nationality. Employment Laws cover the rights in employee – employer relationships of an organization. General Summary of the Chosen Laws or Issues Americans with Disabilities Act of 1990 The Americans with Disabilities Act (ADA) became law when President George Bush signed it into law in 1990. President George Bush, who on the south lawn of the white house stated (as cited in Moses, 1990): This Act is powerful in its simplicity. It will ensure that people with disabilities are given the basic guarantees for which they have worked so long and so hard--independence, freedom of choice, control of their lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream (p. 1). The ADA Act based its definition of people with disabilities on the definition in Section 504 of the Rehabilitation Act of 1973. The Rehabilitation Act defines disability (as cited in Moses, 1990) as “someone with a physical or mental impairment that substantially limits that person in some major life activity, someone with a record of such a physical or mental impairment or someone who is regarded as having such impairment” (p. 1). Based on this definition the ADA of 1990 prohibits discrimination against people with disabilities in employment, transportation, public places, communications, and governmental activities (Moses, 1990). Family and Medical Leave Act of 1993 The Family and Medical Leave Act (FMLA) of 1993 states that; eligible employees of covered employers may take an unpaid, job-protected leave for a family or medical reason. During this leave the employee’s health insurance coverage will remain as if the leave were not taken. Under FMLA employee’s can take up to 12 work weeks in a 12-month period for the birth of a child, adoption of a child, to care for immediate family members with a serious health condition, serious health condition of the employee, and covered active duty (”Family and Medical leave Act”). FMLA also requires that 26 workweeks be allowed in a 12-month period to take care of an immediate family member of a service person with a serious injury or illness under the military caregiver leave (”Family and Medical leave Act”). Employee Monitoring Employee monitoring has become increasingly popular. Employee monitoring allows employers to can keep track of the employee’s productivity and actions during working hours through the use of technology. This practice is “however” controversial as employees occasionally have a sense that it is an invasion of his or her privacy. However, employers do have a right to monitor employees while at work. If the employee is playing on the internet and not doing productive work for the gain of the company he or she could be costing the company a large amount of money. Present-Day Court Case Americans with Disabilities Act of 1990 Congress enacted the Americans with Disabilities Act (ADA) as a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." This law prohibits decimation in both public and private employment. Currently there is an ongoing case between Del Conte v. Rochester City School District filed on November 13, 2012. The plaintiff Laura A. Del Conte cites a cause of action under the American with Disabilities Act (ADA). The case was file in the Second Circuit in New York Western District Court. The case is a civil rights case that violated ADA underemployment. Because this is a newly filed case, it has not yet been heard. On February 9, 2001, George Crocker filed suit against the Lewiston Police Department under the ADA. According to the United States District Court District of Maine: On January 11, 1998 three officers of the Lewiston Police Department responded to a 911 call from Carol York. Morin received the dispatch call at approximately 4:55 a.m. The officers were sent to the scene by a dispatcher who had received the call and a report of an assault in progress. Officer Scot Bradeen informed Morin upon their arrival at York’s residence that he was familiar with the parties, having been dispatched to the residence on two recent occasions for domestic violence complaints. Bradeen also stated that York’s boyfriend, the plaintiff, was deaf but that he had been able to communicate with the plaintiff on those previous occasions using gestures and hand signals” (2001). According to Mr. Crocker’s attorney that an interpreter was not necessary for effective communication under the circumstances present at the plaintiff’s residence and the Androscoggin County Jail on January 11, 1998 and that the plaintiff is not entitled to compensatory or punitive damages or injunctive relief. The undisputed facts in the record demonstrate that the Department fell short of its obligations under Title II of the ADA in its dealings with Crocker” (United States District Court District Of Maine, 2001). The outcome of the case is that the defendant’s judgment became granted, and the plaintiff ultimately denied. Family and Medical Leave Act of 1993 According to United States Court Of Appeals, third Circuit: On February 14, 1997, David D. Chittister, an employee of the Pennsylvania Department of Community and Economic Development, requested sick leave. He was granted leave through May 2, 1997. For reasons not relevant to this appeal, approximately ten weeks later, on April 21, 1997, Chittister's leave was revoked, and he was fired. Chittister then filed this action in the federal district court against the Department and two-state officials. Chittister asserted a claim under the FMLA, alleging that the defendants had improperly denied him leave and had fired him while he was on approved, paid sick leave. He also asserted a claim under 42 U.S.C. §  Employee Monitoring As surveillance has become available to the average person, employers have gone and set up cameras to monitor his or her employee’s daily activities. Same say that this is an invasion of privacy other say that it is a way to ensure the small business do not get robed blind. Their are many television shows that depict employees steeling from his or her employer. For example, the new televisions show Restaurant Stakeout. This television show's employees drink on-the-job being rude to the customers and even giving free meals to friends and families. Human Recourse Implications in Managing the Employer-Employee relationship The human resources department is responsible for managing the employer-employee relationships and making sure that any implications between the two are handled properly and lawfully (Shankel). In regards to Equal employment Opportunities and Employee Rights, the human resources department must make sure that they are up-to-date on these laws and that everyone in the organization knows his or her rights as employees and employers. The human resources department must post all required notices for employees to view (Shankel). The Americans with Disabilities Act of 1990 ensures that all Americans with a disability have a fair advantage concerning employment opportunities. The Human Resources department must refer to this law to guarantee employees with disability's rights as well as employer rights. In case there is ever a problem with discrimination against a person with a disability, the person must report it to the human resources department, and the department will advise the employee and employer on what steps must be taken (Shankel). The Family and Medical Leave Act of 1993 grants unpaid leave for reasons such as maternal/parental concerns, serious health conditions in spouse, child or parent, employee’s serious health conditions, death in the family. The employee must go through the process and must be eligible. Employers should be proactive and avoid misunderstandings during emotional times by putting into place a comprehensive leave policy. This policy should cover clear definitions of conditions that warrant the use of the Family and Medical Leave Act, as to eliminate misunderstandings, sufficient information provided by the employee, and communicate policies considered confidential (Shankel). Human Resources Examples of Policies that Show Compliance Americans with Disabilities Act of 1990 The Americans with Disabilities act prohibits employers from discriminating against the recruiting, hiring, firing, or promotion of a person with a disability. Reasonable accommodations are to be made on an individual basis and in a joint venture between the person with the disability and the employer (Collier). Reasonable accommodations may include equipment changes, workstation modifications, adjustments to work schedules, or assistance in accessing the facility, depending on the needs of the disabled person (Collier). However, the accommodations must not result in undue hardship to the employer (Collier). Family and Medical Leave Act of 1993 In order for companies to show compliance with FMLA, they need to have a written policy that clearly defines the rules and regulations of the act. Under the FMLA umbrella employers must provide employees the right to take a job-protected leave with continued medical benefits to care for oneself, a family member which is seriously ill, care for a newborn, newly adopted child, or to attend to the affairs of a family member who is called to active duty in the military (”Family and Medical leave Act”). The company's policy must clearly state how much time the employee can take under this law, define what family members constitutes, and what the employee needs to provide to be granted this leave. Employee Monitoring Employers want to know that their employees are doing a good job. Employee monitoring is becoming increasingly popular around the world. It is not illegal for an employer to monitor the work of the employee either by telephone, computer, the internet, and voicemail. However, if calls are being recorded, he or she is obligated to inform the other person of this. Employers do not need to let employees know that they are being monitored. Some employers do state in their policies that all employees will be monitored, but it is not illegal for it to not be in the policies. Conclusion In conclusion if these laws were not introduced and voted into The United States Government and signed into law many individuals would not have protection and would face many obstacles. The above laws analyzed in detail are noted as the building stone to the equal opportunity act, and cornerstone to many businesses flourishing in 21 century. It is considered the backbone to America employment . References Collier, K. (n.d.). The Americans with Disabilities Act of 1990 (ADA). Retrieved November 18, 2012, from Office of Human Resources, Vassar College: http://humanresources.vassar.edu/policies/policies/ada.html DeCenzo, D., & Robbins, S. (2007). Fundamentals of human resource management (9th ed.). Hoboken, NJ: John Wiley & Sons. Justia Docket and Filings. (2007-2012). Retrieved from http://dockets.justia.com/browse/noscat-5/nos-445/ Shankel, N. (n.d.). California Law on Employee Rights. Retrieved November 17, 2012, from EHow: http://www.ehow.com/about_7217196_california-law-employee-rights.html United States District Court District of Maine. (2001). Retrieved from http://www.med.uscourts.gov/Opinions/Cohen/2001/DMC_02092001_2-00cv13_Crocker_v_Lewiston.pdf United States Court of Appeals,Third Circuit. (2012). Retrieved from http://caselaw.findlaw.com/us-3rd-circuit/1194130.html