Equal Employment Opportunity and Employee Rights Review Paper

Equal Employment opportunity and Employee Rights Review Paper Klista Odgers HRM/ three hundred University of Phoenix Online October 29, 2012 Dwight Walker Introduction In the face of rising technology, globalization, and productivity some operationers find themselves at a disadvantage to their efforts to retain employment. To obliterate inequality, the United States has governed laws that defend the citizens from all types of discriminations. This allows organizations to focus on promoting employment base on a persons abilities. The two laws chosen for reexamination are the Pregnancy cause of 1978 and Family and wellness check pull exercise of 1993.We forget also discuss drug-free Workplace carry of 1988. Provide a General summary of each Law The Pregnancy Discrimination bring of 1978, was an amendment of Title VII of the Civil Rights Act of 1964 that prohibited sex discrimination on the basis of pregnancy (U. S. Equal Employment Opportunity mission, 2012). That secti on 701 of the Civil Rights Act of 1964 is amended and utters the terms because of sex or on the basis of sex include, save non limited to, because of or on the basis of pregnancy, nestlingbirth, or cerebrate medical conditions (U. S.Equal Employment Opportunity Commission,). The act states women affected by the above terms shall be treated the same for all employment-related purposes. Next, is Family and Medical Leave Act of1993, entitles employees of cover employers to take unpaid, job-protected block for specified family and medical reasons with the continuation of group indemnity coverage under the same terms and conditions as if the employee had not interpreted leave. The final summary describes the Drug-Free Workplace of 1988. This act requires certain related groups to make sure that their workplace is dose free.The importance of this act is that it ensures the condom of all employees by ensuring that no one will be running(a) under the influence of drugs. For each selected law or burden, locate a present-day court case The Pregnancy Discrimination Act of 1978 Months ago, a statement was made by a contri unlessor for the Presidential Campaign, suggesting that there is no reason why business owners should be obligated to volunteer any special provision to the medical health plan in the workplace for female comprehensive insurance plans for contraceptive.This individual felt up as if the federal official Health Care Reform Law was not necessary, but the Institution of Medicine, researched and found that access to contraceptive is vital to a chars health, and as August 2012, women are able to file temporal Disability, at work after giving birth or during pregnancy. They bunghole ask for special accommodations because of this medical condition, and the employer must provide insurance which covers any related issues to reproduction. Family and Medical Leave Act of 1993The Supreme Court control Tuesday that states lavatorynot sue under the Family and Medical Leave Act for refusing to give an employee fourth dimension off to recover from an illness. One justice said the decision dilutes the result of the law that allows millions of working Ameri wads time off to care for sick family sections or to founder children. Daniel Coleman asked for a 10-day medical leave to deal with hypertension and diabetes in 2007, and said he was wrongfully fired after his request was denied. He sued for $1. million in damages under the Family and Medical Leave Act, but his lawsuit was thrown out, with the 4th U. S. Circuit Court of Appeals saying states could not be sued under the FMLA (the Huffington post). Drug Testing Currently, in the state of Florida the Federal Appeals court is battling arguments of a judge ruling against the idea that the government would flub the rights of the citizen of Tallahassee, by requiring any individual wham applies for public assistance benefits would have to adhere to drug test prior receiving any p ublic assistance.The territorial dominion judge thinks that individual whom receive assistance already provide a wide range of information in order to participate in the program, and by asking them to submit to a drug screen in order to receive benefits in an invasion of privacy and violates the constitutions reasonable search ban. This case is currently being heard in Atlanta, Georgia, all because of a Navy Veteran, former college student, whom is a single erect applied for benefits back in 2011, meet the requirements of the program but felt it would be an result to be asked to participate in random drug screens in lure of help.The following media publicity of this case has implemented the state if Florida employees to be required to do drug testing. What are the implications for HR surgical incision in managing the employer-employee relationship in the contest of the law or issue? Within the workplace, the HR surgical incision has to deal with conflict issues that arise amid em ployees and employers. Because employment relationships are so complex and depending on the different types of situations that can arise, there are employment laws that are in place to protect the employer and employee.Important HR laws include the lovely Labor Standards Act (FLSA), Title VII, come along Discrimination (ADEA, Equal Pay Act (EPA, 1866 Civil Rights Act, Family & Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), ADA- Public Accommodations, Executive Orders 11246 & 11478, Drug-Free Workplace Act, study Labor Relations Act (NLRA), Byrnes Act, Worker Adjustment & Retaining Act (WARN), Rights of Servicemen (USERRA), occupational Safety & Health Act (OSHA), Immigration Reform & Control Act (IRCA), Health Maintenance Organization Act (HMO), Employee Retirement Income security Act (ERISA), Consolidated Omnibus Budget Reconciliation Act (COBRA), Health amends Portability (HIPPA), New Hire Reporting, Electronic Communications Privacy Act (ECPA), Fair Credit R eporting Act (FACRA), Federal Bankruptcy Code, Jury Systems feeler Act, Employee Polygraph Protection Act, and Export Administration Act of 1977. For each law or issue, write an example that shows compliance with the laws or acts discussed. Pregnancy Discrimination Act of 1978An eligible employee is entitled to take unpaid maternity leave if the employee is for work because of 1. Pregnancy-related illness or 2. Preparation of birth of a child Family and Medical Leave Act of 1993 Twelve workweeks of leave in a 12-month dot for 1. The birth of a child and to care for the newborn child within one year of birth 2. The placement with employee of a child for borrowing or foster care and to care for the newly placed child within one year of placement. 3. To care for the employees spouse, child, or evoke who has a serious health condition 4. A serious health condition that makes the employee unable to perform the essential functions of his or her job 5.Any expiration exigency arising out of the fact that the employees spouse, son, daughter, or parent is cover military member on covered duty 6. Twenty-six workweeks if leave during a single 12-month period to care for covered swear out member with a serious injury or illness if the eligible employee is the service members spouse, son, daughter, parent, or next of kin (military caregiver leave). Drug-Free Workplace Act When it comes to drug-free workplace, human resources have policies to ensue employees, vendors or customer is not using alcohol or drugs. It is crucial for this department to be firm to their procedures to ensure this does not happen during work time.Some of the implications for HR departments in managing the employer-employee relationship are to have a zero valuation reserve for drugs and alcohol. In conclusion with all the laws against discrimination there are quieten people that are being discriminated against. The laws have helped in the workplace and for umteen people to have a safe workpla ce and place they can work with being afraid of being fired because of their race, color, sex, religion, or age. book of facts Holland, Jesse J, Supreme Court Makes Ruling in Maryland Sick-Leave Case. Retrieved October 28, 2012 from www. huffingpost. com Saunders, j parole Service of Florida retrieved October 29, 2012 from Ledger. com Likert, R. , 1932 Studies in the principles of judgments and attitudes