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Equal Employment Opportunity and Employee Rights

In: Business and Management

Submitted By kardia03
Words 1862
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Equal Employment Opportunity and Employee Rights
Luis Carrasco, Jade Hadfield, Jo Hemenway,
Stafford McClendon, Emily Sementilli, Misty Wightman
November 4, 2012
HRM/300
Timothy Turcotte

Equal Employment Opportunity and Employee Right Over the course of history in the United States there have been many laws put in place to protect employees and employers. The Americans with Disabilities Act of 1990 and the Equal Employment Opportunity Act of 1972 are two such acts signed into law. Each of the laws protects workers from termination for causes outlined in the acts. The Americans with Disabilities Act of 1990 is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Drug testing has become popular in many businesses in today’s society. This upsets many employees because they think that what they do on their own time does not affect what they do at work.
The Americans with Disabilities Act of 1990 was put into place to make it easier for American’s that have disabilities to navigate. There are five different categories of this Act.
The first category is employment. This law prohibits employers from discriminating due to their limited abilities. It requires employers to provide easier accessibility for work-sites and offices.
Another category of this act is public service. This act prohibits state and local government agencies from denying people with disabilities services or activities that are offered to those who do not have disabilities.
The third category of this act is public accommodations. This category requires that all restaurants, hotels, retail and grocery stores make entry and navigation easy for those with disabilities. The fourth category is Telecommunications. If Telecommunication companies offer services they must also provide relay services to those individuals who are hearing impaired.
The last section is categorized under miscellaneous. This category prohibits anyone who interferes, threatens, or retaliates against anyone with disabilities or anyone who helps defend someone with disabilities. The Equal Employment Opportunity Act prohibits any form of employment discrimination based on race, religion, color, age, national origin, sex, political beliefs, marital or family status, and disabilities. The Drug-Free Workplace Act of 1988 requires any federal agency receiving grants or contracts to be drug-free. This law does not have provisions that are specific to drug testing in the work place. Each state has its own laws regarding drug testing in the work place.
Section A Court Case
The Equal Employment Opportunity Act of 1972 (EEOA) is normally seen as a direct amendment to the Civil Rights Act of 1964 (78 Stat. 253; 42 U.S.C. 2000e), changing the act in six major ways: 1) Enforcement and litigation power to obtain conciliations from non-governmental entities. 2) Educational institutions are now subject to Title VII, due to ongoing discrimination in schools was just as pervasive as anywhere else in the workplace 3) State and local governments are now held under Title VII 4) Federal Government is held under Title VII 5) The number of employees to be covered under Title VII is lowered from 25 to 15 employees 6) Wronged parties have longer to file a claim with both the EEOC and also to file a lawsuit when notified that the EEOC has failed to reach a resolution.
Due to the fact that the EEOA is as set of amendments to the previous Civil Rights Act (CRA), it is nearly impossible to find a case directly involving that part of the CRA only. When litigating a case, it is brought against the whole of the law, and not just certain sections, as the EEOA mostly deals with increasing the scope and enforcement of the CRA, almost all cases are relevant under the EEOA. One recent case fought and won under Title VII as amended by the EEOA is Sanders v. Lee County School District no. 1 (8th cir, 10-3240, 2012), wherein a white school administrator was unfairly demoted and summarily terminated due to race.
As shown in the Sanders case, the implications for human resources can be dire. One of the main factors that the Court took into consideration with regards to the constructive discharge claim was that the employee manual was not consulted or referenced. This key piece of documentation, had it been used, would likely have prevented the entire case from happening.
Court Case
UNITED STATES v. GEORGIA et al.certiorari to the united states court of appeals for the eleventh circuit No. 04-1203. Argued November 9, 2005--Decided January 10, 2006*Goodman, petitioner in No. 04-1236, is a paraplegic who sued respondent state defendants and others, challenging the conditions of his confinement in a Georgia prison under, inter alia, 42 U. S. C. §1983 and Title II of the Americans with Disability Act of 1990. This Court granted certiorari to decide the validity of Title II’s abrogation of state sovereign immunity. Held: Insofar as Title II creates a private cause of action for damages against States for conduct that actually violates the Fourteenth Amendment ("Case Law", 2012, p. 5-8).
Section B Court Case
The Supreme Court for the first time struck down a Government drug-testing program today, voting that a Georgia law requiring political candidates to submit to urine tests for illegal drugs as a condition for appearing on the ballot was unconstitutional. After a series of decisions that upheld drug testing for railroad crews, Customs Service employees and student athletes, the Court voted 8 to 1 to strike down the law. ''The Fourth Amendment's guarantee against unreasonable search and seizure was at the heart of this and the other drug-testing cases. There was no dispute that a drug test required by the Government is a search; the only question was whether this was a reasonable search, in the absence of any reason to suspect a drug problem among Georgia's office-holders or candidates and with no reason to suppose that normal law enforcement methods could not deal with any problem that arose (Greenhouse, 1997, p. 1).
Having a high level of responsibility HR has to assure that employees see it as a competent entity within the organization. The Equal Employment Opportunity prohibits discrimination based on race, religion, color, age, national origin, sex, political beliefs, marital or family status, and or disabilities. The Drug-Free Workplace Act of 1988 requires that a federal agency that receives grants or contracts has to be drug free. HR of a privately own company may not be bound by this act, but HR has to still assure a work free environment, because it keeps employees safe and promotes high productivity, not to mention shareholders investments. The Americans with Disabilities Act of 1990 was put into place to keep employers from discriminating against employees with disabilities. HR has to manage employee diversity by enforcing the Equal Employment Act and assuring all employees no matter what their ethnicity or beliefs may be are included in the organization’s future. In order for an organization to compete in today’s society and continue to be competitive it starts with a strong and credible workforce. * Employee Rights and HR Policy * Organizations have to take all the aforementioned laws and acts into consideration when shaping human resource policies. Compliance with these laws and acts need to be adhered to. Organizations can assure that this happens is buy creating organizational policies that show their compliance to the laws. Equal Opportunity Employment laws require organizations to make hiring and staffing decisions without discrimination. A HR policy that shows compliance to this law is one that directs managers and human resource departments to recruit and hire candidates based on their individual skill, knowledge, ability, and no other outside factors. During review and promotion processes employees are rated on their performance and how well they are executing the job description. * The Americans with Disabilities Act is designed to protect individuals with disabilities and most health issues. A HR policy that shows compliance with this act is one that protects employees with disabilities while on the job and with screening processes. A policy that highlights this protects employees while on the job and requires that employees given all technological advantages when appropriate. Hearing impaired employees will be given the necessary assistance and tools to perform their job to their fullest ability. * The Drug-Free Workplace Act is applicable in organizations that receive federal grants and contracts. These organizations need to enact HR policies that outline this process in regulation with the federal law. The HR policies states that all employees need to pass a drug test before employment can begin. All applicants are notified of this policy upon receiving a job offer contingent of passing a drug test. The policy further states that all employees must maintain a drug free workplace and drug tests will be conducted annually at a time determined randomly. All employees must participate and pass the drug test to continue employment with the organization. Conclusion
Employees across the United States are aware that laws protect their rights in the workplace. When a company looks to hire an employee, laws such as Americans with Disabilities Act are designed to protect potential employees from discrimination due to a disability. Also when a company looks to hire an employee The Equal Employment Opportunity Act of 1972 ensures that all American workers have an equal opportunity for employment regardless of gender, race, or any other discriminating factors. The issues surrounding drug testing are still in the process of determining the best test procedure for drug use.

References
8th Circuit Court. (2012, February 28). Sanders v. Lee county school district no1. Retrieved November 2, 2012, from http://www.ca8.uscourts.gov/cgi-bin/new/getDocs.pl?case_num=10-3240
Case Law. (2012). Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-1203
Drug Testing During Hiring. (n.d.). Retrieved from http://employment.findlaw.com/workplace- privacy/drug-testing-during-hiring.html?DCMP=GOO-EMP_Hiring-DrugTesting&HBX_PK=drug+testing+laws Equal Employment Opportunity Commission. (n.d.). Equal employment opportunity act of 1972. In The Law. Retrieved November 2, 2012, from http://www.eeoc.gov/eeoc/history/35th/thelaw/index.html Equal Opportunity Act Law and Definition. (n.d.). Retrieved from http://definitions.uslegal.com/e/equal-employment-opportunity-act/ Greenhouse, L. (1997, April 16, 1997). Supreme Court Strikes Down Drug Testing of
Candidates. New York Times. Retrieved from http://www.nytimes.com/1997/04/16/us/supreme-court-strikes-down-drug-testing-of- candidates.html
Hearst Communication, (2012) HR Issues and Challenges, Retrieved from website October 30,
2012, http://smallbusiness.chron.com/hr-issues-challenges-4557.html
The Americans With Disabilities Act of 1990. (n.d.). Retrieved from http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html The Equal Opportunity Act of 1972, Retrieved from: www.eeoc.gov/eeoc/history/35th/thelaw/eeo_1972.html The U.S. Equal Employment Opportunity Commission, Facts about the Americans with Disabilities Act, Retrieved from: http://www.eeoc.gov/facts/fs-ada.html…...

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