4184 hw3 assignment
PLEASE USE THE LINK PROVIDED BELOW WHICH IS THE PDF VERSION OF THE TEXTBOOK TO VIEW THE DISCUSSION QUESTIONS AT THE END OF CHAPTER 3/ASSIST IN ANSWERING THE QUESTIONS:
https://drive.google.com/file/d/1Lho7gBgscbBQ1CFC16v6zMPSPHm2iDDV/view
**PDF FORMAT**
** HIGHLIGHT THE NUMBER OF WORDS AFTER EACH CHAPTER**
** 20 PARAGRAPHS TOTAL**
On Page 1:
Discussion Question 2Please write 4 paragraphs with each paragraph containing 50-60 words.
On Page 2:
Discussion Question 3Please write 4 paragraphs with each paragraph containing 50-60 words.
On Page 3:
Discussion Question 7Please write 4 paragraphs with each paragraph containing 50-60 words.
On Page 4:
Discussion Question 8Please write 4 paragraphs with each paragraph containing 50-60 words.
On Page 5:***USE ATTACHED POWERPOINT FOR THIS QUESTION***
Slide 3Several key Equal Employment Opportunity laws are listed.
Write one paragraph to fully describe how the 4th Amendment applies to human resources issues.
Write one paragraph to fully describe how the 5th Amendment applies to human resources issues.
Write one paragraph to fully describe how the 14th Amendment applies to human resources issues.
Write one paragraph to fully describe how the Family Medical Leave Act applies to human resources issues.
Each paragraph should contain 50-60 words.
Chapter 3
The Legal and Ethical Environment
Nature of employment laws
Key equal employment opportunity laws
Employment-at-will
Fair Labor Standards Act
Civil Rights Act and its implementation
Americans with Disabilities Act
Sexual harassment
Employee rights, privacy, and termination
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
The Nature of Employment Laws
Employment laws govern the relationship between employer and employee.
Goal is to achieve a balance between managements right to pursue its business goals and employees freedom from injury, prejudice, and duress.
Rights and responsibilities that govern the workplace are documented in federal and state statutes, administrative agency regulations, case law interpretations, written and verbal employment agreements, and employee handbooks.
Like much legislation, employment laws have been subject to extensive and far-reaching interpretation by the courts and other administrative entities, such as the National Labor Relations Board and the Equal Employment Opportunity Commission.
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Key Equal Employment Opportunity Laws
Fourth Amendment, US Constitution
Fifth Amendment, US Constitution
Fourteenth Amendment, US Constitution
Civil Rights Act of 1866 and 1871
Civil Rights Acts of 1964 (Title VII, as amended in 1991)
Equal Pay Act of 1963
Age Discrimination in Employment Act of 1967
Rehabilitation Act of 1973
Americans with Disabilities Act of 1990 and 2008 Amendments
Executive Orders 11246 and 11375
Family and Medical Leave Act
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Employment-at-Will
Principle that both employee and employer have the right to sever the work relationship at any time
Work relationship may be severed for any reason (or for no reason).
The concept of employment-at-will has eroded considerably in the United States.
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Fair Labor Standards Act (1938)
Sets the minimum wage
Requires that employers pay time and a half for overtime work
Establishes regulations governing child labor
Has been amended many times
Some types of employees not covered by this act (e.g., managers and, in some cases, professionals)
Much debate over who is exempt and nonexempt
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Title VII of the Civil Rights Act of 1964 (and 1990 Amendments)
Unlawful for an employer to discriminate on the basis of an employees race, color, religion, sex, or national origin
Unlawful to limit, segregate, or classify employees or applicants in a way that would deprive them of employment opportunities on the basis of race, color, religion, sex, or national origin
Coverage extends to hiring, discharging, and compensation and to terms, conditions, and privileges of employment
Act applies to:
All private employers involved in interstate commerce that employ 15 or more employees for 20 or more weeks per year
State and local governments
Private and public employment agencies
Labor unions with 15 or more members or employees
Public and private educational institutions
Foreign subsidiaries of US organizations that employ US citizens
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Americans with Disabilities Act (ADA)
Prohibits discrimination against individuals with disabilities in all aspects of employment
Disability refers to an individual who
has a physical or mental impairment that substantially limits one or more major life activities,
has a record of such impairment, or
is regarded as having an impairment.
ADA Amendments of 2008 broadened the definition of a disability:
Expanded the list of major life activities
Eliminated consideration of mitigating measures in determining whether an individual has a disability (e.g., someone with epilepsy that is well controlled by medication is still considered to have a disability)
Employers are required to make reasonable accommodation for a person with a disability.
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Implementing Equal Employment Opportunity Laws
Affirmative action refers to employment practices that take race, gender, or ethnicity into consideration to promote equal opportunity.
Under Executive Order 11246, all federal contractors are required to complete an affirmative action plan to demonstrate that the organization is taking positive steps to hire and advance qualified minorities, women, persons with disabilities, and covered veterans.
Protected class refers to a group of individuals protected under a particular law.
Disparate impact is the result of an employment practice that may appear to be neutral but has a discriminatory effect on a protected class.
Disparate treatment refers to an employment practice that treats employees or applicants differently on the basis of their protected class characteristics.
Exceptions to equal employment opportunity laws include:
Bona fide occupational qualification in which being a certain age, gender, or other characteristic is key to job success
Business necessity (e.g., religious organizations hire people of a certain religion)
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Title VII and Sexual Harassment
Under Title VII of the Civil Rights Act, sexual harassment is considered a violation of an individuals civil rights.
Quid pro quo harassment occurs when an employee benefit is contingent on submission to sexual advances.
Hostile-environment sexual harassment occurs when the behavior of anyone in the workplace is considered objectionable (and interferes with work) because of sexual content.
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Issues in Employee Rights and Privacy
Retaliatory discharge
Unlawful for an employer to attempt to restrict an employees right to file a charge of discrimination
Employer who takes such action could be subject to a charge of retaliatory discharge
Workplace searches
Electronic monitoring
Drug testing
HIPAA compliance
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Public Policy Exceptions to At-Will Employment
An employee cannot be fired for refusing to violate state or federal law.
Employers may not retaliate against or mistreat an employee for whistle-blowing.
Personnel policies published by an employer in handbooks or other documents may imply promises of continued employment, which may restrict an employers ability to terminate an employee.
Noncompetition and nonsolicitation clauses are used by employers to protect themselves against an employee whose departure may pose a competitive risk.
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
Issues in Employee Termination
Key principles
Analyze risk before termination.
Avoid procrastination.
Choose termination date strategically.
Consult human resources personnel.
Take action.
Severance agreements
Dismissal for cause
Grievance procedures
Copyright 2018 Foundation of the American College of Healthcare Executives. Not for sale.
