Legal Safety and Regulatory Requirements sample essay
Human resources was created to make sure the organization reaches its goals, which is to maximize returns on investment from the organization’s human capital and minimize financial risk, providing the organization with well trained and motivated employees, to ensure all reconciliation of individual goals with those of the organization, developing overall personality of each employee in its multidimensional aspect, and ensuring effective utilization and maximum development of human resources.
Along with these responsibilities the human resources department also have regulations they have to follow such as the Equal Opportunity Commission (EEOC). This commission established on July 2, 1965, and is listed under the Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the ADA Amendments Act of 2008.
The U. S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered by these laws. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits (U. S. Equal Employment Opportunity Commission, n. d. ). The EEOC provides employees with the opportunity to have an investigation if they feel they have been discriminated against.
If the discrimination can be justified then the commission does have the right to file a lawsuit to ensure that the employees’ rights and interest of the public are protected. The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government’s equal employment opportunity program. EEOC assures federal agency and department compliance with EEOC regulations, provides technical assistance to federal agencies concerning EEO complaint djudication, monitors and evaluates federal agencies’ affirmative employment programs, develops and distributes federal sector educational materials and conducts training for stakeholders, provides guidance and assistance to our Administrative Judges who conduct hearings on EEO complaints, and adjudicates appeals from administrative decisions made by federal agencies on EEO complaints (U. S. Equal Employment Opportunity Commission, n. . ).
The guidelines for employees have been made into regulations enforced by the Equal Employment Opportunity instead of the perception “common sense and compassion in the workplace” has been replaced by litigation to make discrimination incidents legally enforced. History has changed so much over time such as the act to abolish race discrimination better known as the Civil Rights Act that was passed in 1908.
The individuals within the human resource department must be well versed in all the laws and regulations as set by the United States as they are expected to abide by these laws and rules. Once the potential employee has signed an employment contract, a new relationship is formed between employer and employee. “Both employers and employees have rights and obligations to each other when they enter into a contract. An employment contract spells out explicitly the terms of the employment relationship for both employee and employer (Gomez-Mejia, Balkin, & Cardy, 2010, p. 441)”.
Along with the Equal Employment Opportunity Commission there are also other entities that are in place to protect the rights of the employee and the employer such as National Labor Relations Board, and the Occupational Safety and Health Administration. These regulations and laws are very important within the health care field and needs to be understood throughout the organization to prevent any wrong doings. These entities should be complied with and enforced the regulations which will decrease any chance of liability for the human resources department and organization.
The human resources department staff to have extensive training to protect employees from frivolous incidents. Currently, because of the of Civil Rights (OCR) administers ensures Agency compliance with the laws, regulations, policies, and guidance that prohibit discrimination in the Federal workplace based on race, color, national origin, religion, gender, age, disability, genetic information, or reprisal better known as the Equal Employment Opportunity Commission.
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