The Value of Fair Treatment in the Workplace. Law Research Paper
The Value of Fair Treatment in the Workplace
You have been hired as a management consultant by a large company to examine the company's business decisions regarding employee protections. The applicable laws are federal anti-discrimination laws, federal health and safety laws, and employer firing practices related to the employment-at-will (EAW) doctrine.
In response to the three questions below, write a 4–6 page paper in which you do the following:
Analyze, identify, and explain recent legislation, within the last 10 years, that helps to protect employees from discrimination in the workplace. Provide at least two federal legislative protections. Provide some insight when the federal legislation conflicts with the state.
Explain the EAW doctrine and all exceptions to the doctrine. Look at the scenarios below and determine whether the decision to fire the employee is a smart one. Identify why or why not, and determine all the possible exceptions per the EAW doctrine that are, might be, or could be applicable if the employee sues for wrongful termination.
Brenda, a manager, started a blog on the company website for employee grievances. She noticed that a worker was protesting that no Asian American employees had gotten a raise in two years at the company. The worker also criticized how much the CEO made and how the CEO was "out of touch." Brenda reprimanded the worker. The next day, the worker talked to fellow co-workers about forming a union. Brenda subsequently fired the worker.
Jason, a department supervisor, requests approval to fire his secretary, Alice. Alice, a devout Christian, has been putting Right-to-Life flyers in the employee breakroom. Alice is also taking time out to pray each day during the busiest time of the morning.
Brian, the head of the accounting department, refused to sign Lori's leave request for jury duty. Lori is a tax attorney in his department. Brian wants to fire Lori for being absent without permission during their busiest time—tax season.
Peter has worked for the company for one year. He has a rare form of liver disease and works with chemicals that make his condition worse. Peter does not want to stop working, but his boss is not happy with his performance and wants to let him go.
Determine the federal law regarding undocumented workers and whether they are eligible for state workers’ compensation in the United States. Advocate for or against this practice and substantiate your response with research to support your position.
Use the Strayer Library to conduct your research. Include at least three quality references. The textbook for this class is a required source for this assignment.Note: Wikipedia and similar websites do not count as quality references.
Your assignment must follow these formatting requirements:
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course.
Typed, double-spaced, using Times New Roman font (size 12), with 1-inch margins on all sides.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcome associated with this assignment is as follows:
Evaluate federal law relative to workplace discrimination, employment-at-will, and worker’s compensation eligibility.
The Value of Fair Treatment in the Workplace
Student’s Name
Institution
Due Date
The Value of Fair Treatment in the Workplace
Given that an organization consists of employees from diverse backgrounds, the US government has since enacted laws to protect its citizens from all forms of discrimination. The laws enacted include but are not limited to the Civil Rights Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Family and Medical Leave Act, the Immigration Reform and Control Act. The paper discusses three laws: The Age Discrimination Act, the Americans with a disability, and the Fair Labor Standards Act.
According to the Age Discrimination Act, only employees 40 years and above are protected against discrimination. The United States Supreme Court emphasized that the Age Discrimination Act largely protects the older, but it does not necessarily favor them. It involves treating an employee or even an applicant in an undignified manner based on his/her age. An employer is deemed to have violated this law if the said employer provides lower benefits to a worker aged above 40 years. In such a case, the employer should provide a legal justification for the act.
According to this law, it is legally unacceptable for the employer to impose a mandatory retirement age. However, the employer can offer some packages which are associated with early retirement. The said benefits should be in tandem with the benefits offered to the young generation if they decide to take early retirement (Lieberwitz, 2017). The law, therefore, strongly discourages age discrimination about hiring, firing, job promotion, layoffs, and benefits, among others.
Americans with Disability Act is another that was enacted to protect people with disabilities. According to this, any individual attached to the public or private sector is not supposed to be subjected to any form of discrimination. The disabled are supposed to be accorded fair treatment about hiring, job promotion, job applications, and benefits. Therefore, a disabled person should only be denied a job if the said individual is not in a position to execute his/her professional mandate (Lieberwitz, 2017). However, it should be noted that this law may not protect an individual who is disabled but is under medication or some corrective devices.
It is the employer’s sole responsibility to create a conducive work environment that can accommodate people with disabilities. If the disabled person cannot effectively perform some task, the employer should reassign the said individual some other responsibilities that he/she can perform well (Lieberwitz, 2017). American Disability Act (ADA) largely associates disability with a physical or mental impairment that prevents one from engaging in so-called life activities like walking and hearing. The Supreme Court, on the other hand, defines that somehow contradicts that of the ADA since it claims that an individual who is disabled must prove that he/she cannot engage in some other jobs apart from his/her speciality.
The Fair Labor Standards Act (FLSA) is a law that was recently enacted in the United States. It is a law that spells out the labor-related issues like minimum wage, overtime pay, youth employment issues, and matters to do with record keeping. According to this law, the minimum wage of any individual employed by the state or federal government is supposed to be $7.25. The law further states that any employee who works for more than 40 hours per week is entitled to overtime pay (Dale & Becker, 2012). The FLSA further stipulates that employees who work on weekends and holidays are not entitled to overpay. According to the law, the hours that someone works for are equivalent to the number of hours set by an organization.
EAW
Employment-At-Will is a doctrine that spells the relationship between an employer and an employee but provides no definite terms and conditions for the contract’s termination. In other words, the employer is at will to make any decision that can affect the employee without necessary consulting him/her (Dale & Becker, 2012). Given that there are no defined terms that govern this type of relationship, either part...
👀 Other Visitors are Viewing These APA Essay Samples:
-
Is There a Strong Link Between Juvenile Crime and Drug Usage?
3 pages/≈825 words | No Sources | APA | Law | Research Paper |
-
Use of Force Incident in the USA Essay
2 pages/≈550 words | No Sources | APA | Law | Research Paper |
-
Problem Statement on Race of A Suspect on Police Decision Making Summary
3 pages/≈825 words | No Sources | APA | Law | Research Paper |