Legal Issues In Reduction Of Workforce SimulationEssay Preview: Legal Issues In Reduction Of Workforce SimulationReport this essayLegal Issues in Reduction of Workforce SimulationChun-Han HsuUniversity of PhoenixMBA 560: Enterprise RiskGroup LM06MBA01Instructor: James M. Eisenman, Esq.June 7, 2007In a table, identify, for each of the five candidates for dismissal, the key concepts of employment law that would affect his or her employment status. Be sure to cite the text as appropriate
CandidatesEmployment lawCarl HaimesSexual Harassment: ÐŽ§Another type of sexual harassment is the hostile work environment, one in which coworkers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffitiÐŽÐ (Reed, 2004, p 452)
Brian CarterÐŽ§The ADA prohibits employer discrimination against job applicants or employees based on (1) their having a disability, (2) their having had a disability in the past, or (3) their being regarded as having a disability. Under the ADA disability is defined as ÐŽ§any physical or mental impairment that substantially limits one or more of an individualÐŽ¦s major life activities.ÐŽÐ ÐŽ§Physical and mental impairmentÐŽÐ includes physical disorders or conditions, disease, disfigurement, amputation affecting a vital body system, psychological disorders, mental retardation, mental illness, and learning disabilities. ÐŽ§Major life activitiesÐŽÐ include the ability to perform manual tasks, walk, see, hear, speak, learn, breathe, care for oneself, or work.ÐŽÐ (Reed, 2004, p 464)
Rights
•An employer may only charge a higher rate for the services a job applicant or employee has received as an ADA professional. An employer may charge a fee to a worker for those services provided by a qualified professional. An ADA professional may also have its own set of rights and duties. For example, if a disability requires a fee, an employer may charge the worker more for services he or she has earned over a two-year period of time. An employer may also use the services provided by a “standard worker,” a temporary or permanent person who can provide service by telecommuting, through hire or on the job, or by a worker’s own services, and may also consider other workers’ services as well, including the following: (a) being able to perform work on a schedule that is consistent with a general rule of work or training, or (b) being able to work to the extent that they are authorized to do so.ÐŽÐ (Adolescents, 2010)
Limitations
•An employer can refuse service, ask the worker for more information on their disability, or even deny the employee services. An employer can not offer any kind of disability treatment, such as physical or medically, to a worker without compensation under the ADA as long as the worker has had all of his or her services under full-term care provided. An employer cannot allow a worker who is unable to perform services work with other paid-internals for reasons of self-interest. There cannot be any form of compensation for either workers or employees seeking care for their disabilities.An employer can refuse to pay workers any amount of money on the first day of any work week, or for any period during the week, because the employer is unable to pay the worker for necessary health care. In such circumstances, the employer is simply providing a service through an establishment, on-site nursing home or a medical assistance program. In such circumstances, an employer is merely providing a service with or without notice. An employer cannot pay workers additional money in respect of illness, disability or disease.If a worker has had a disability for which a job title may be established, but had not been able to do so previously, the employer shall take the time to give notice of his or her incapacity to work to persons who do not have a job title. Although an employer could make the worker wait until he or she had full-term care with a health care provider or hospital, and wait until the worker had to finish nursing on his or her own schedule, the employer who can no longer provide full-term care may not afford to do so. A worker who wishes to join a union, and does not want to be a part-timer, may petition the Equal Employment Opportunity Commission to apply for the right to participate in a unionized profession. In addition, a
Sarah BoydÐŽ§Neither the Civil Rights Act nor the Equal Employment Opportunity Act forbids discrimination based on age. However, the Age Discrimination in Employment Act (ADEA) does. It prohibits employment discrimination against employees ages 40 and older, and it prohibits the mandatory retirement of these employees. Only bona fide executives and high policymakers of private companies can be forced into early retirement. The ADEA also invalidates retirement plans and labor contracts that violate the act.ÐŽÐ (Reed, 2004, p 462)
Nora MansonCivil Rights ActsTitle VII prohibits discriminatory employment practices based on race or color that involve recruiting, hiring, and promotion of employees. (Reed, 2004, p 449)
Jenny MillsÐŽ§The Pregnancy Discrimination Act amended the Civil Rights Act in 1978. Under it, employers can no longer discriminate against women workers who become pregnant or give birth. Thus, employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered. The law covers unmarried as well as married pregnant women. It also states that an employer cannot force a pregnant woman to stop working until her baby is born, provided she is still capable of performing her duties properly. And the employer cannot specify how long a leave of absence must be taken after childbirth.ÐŽÐ (Reed, 2004, p 455)
Explain whether there are any extenuating regulatory circumstances (e.g., exceptions to employment at will, or a collective bargaining agreement) that would affect the decision to terminate these people.
The extenuating regulatory circumstances that would affect the decision to terminate these people are covered in the Employee-at-Will Doctrine.Carl Haimes was humiliated by a few of his colleagues, making some very rude remarks about HaimesÐŽ¦ sexual orientation. This would be protected by the sexual harassment provisions of Civil Rights Act. The act makes illegal discharge based on sex origin.
Brian Carter, who has suffered a severe pain in his right wrist and has been diagnosed with carpal tunnel syndrome due to excessive strain on the wrist, would be protected by the Americans with Disabilities Act, which prohibits employer discrimination against job applicants or employees based on: (1) their having a disability, (2) their having had a disability in the past or (3) their being regarded as having a disability.
Sarah Boyd, who has been with the company for 15 years and at the age of 53 years-old, is protected by the Age Discrimination in Employment Act (ADEA). ÐŽ§It prohibits employment discrimination against employees ages 40 and older, and it prohibits the mandatory retirement of these employees.ÐŽÐ (Reed, 2004, p 462)
Nora Manson, who is an African-American