It is the liability of HR as well as the Company to stay compliance with state and federal laws that pertains to worker practices. A worker’s instruction manual is considered to be the basis of information that is used in management in order to assist managers so that they can steer clear of legal actions brought on via the workforce and outer entity (Davis V., 2009). An HR director should be conversant with not only the system of rules enforced through a set of institutions, but also with the company’s written contract and measures within handling members of a staff controversies and legal document used to begin a civil lawsuit. They have got to keep in mind that almost not a day goes by without reports of equal-opportunity related lawsuits at job (Dessler G., 2009), and these procedures can certainly be avoided.
Directors have to make sure that none of their employees are in violation. If they are in violation, the directors must take specific measures in dealing with the protest and infringement. Or else, there may be unalterable penalty, and the worker may possibly file a grievance. Several of the Laws connected with employment rights in which directors are required to pursue contain are; the Civil Rights Act, American with Disabilities Act (ADA), Age Discrimination in Employment Act of 1967 (ADEA), Veterans Employment Opportunity Act of 1998 (VEDA), the Equal Opportunity Act of 1972 (EEO), Worker Adjustment and Retraining Act (WARN), and the Immigration reform and Control Act of 1986 (IRCA) (Dessler G. 2009). It is essential for every director to be conversant with these laws and put into practice when handling every workers grievance.
Even the most skilled directors, team leaders, or administrators seemed to forget about the Law of unintentional penalties; saying that for each alteration or deed, there are both optimistic penalties and pessimistic unintentional penalties. The directors on the other hand tend to want the optimistic penalties and so not so much the pessimistic unintentional penalties. (Bacal R., 2009). If the administrator follows the corporation’s course of action, which are the policies and measures that have been set forth via the corporation, then the penalties of a court case, high economic expenditure, and awful publicity can be invalidated.
The most frequent accusation as well as the most significant Law within the employment business is the Civil Rights Act of 1964. This Law was of legislation within the year of 1972 via the federal agency charged with ending employment discrimination; stating that it is illegal for any firm that employs workers to differentiate against a member of their staff based on race, color, religion, sexual characteristics, or nationalized origin. Within this Law, the firm which pays for or hires the services of another person cannot turn down a hirer or release a human being with admiration to his or her reparation, stipulations, circumstances, or human rights of employment, because of a person’s race, color, religion, sexual characteristics, or national origin (Dessler G., 2009, p.28). A lot of workers file civil lawsuits against their employers due to such inequity and illegitimate release.
Another infringement that a director frequently make is injudicious decisions about is unwanted physical intimacy, requests for sexual favors, spoken words or gestures. The Anti-Sexual Act of 1995 was formed to make firms accountable for reprimanding violating workforce according to specific guiding principle. Undesirable sexual advances, wishes for sexual favors, and other vocal or bodily demeanor of a sexually ambiguous nature constitute sexual harassment when this conduct explicitly or inexplicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment (Sexual Harassment, 2009). Lots of directors’ fall short of showing real concerns when it comes to their worker’s grievance, and that is why it tends to be one of their largest mistakes. Offenses such as sexual harassment are extremely serious and needed to be both assessed and acted on promptly in order to avoid managerial consequences.
The best things that employer can do to avoid consequences is to make sure that all employees receive and understand the policies and procedures given in the employee handbook. They should provide training and take immediate action when a complaint or grievance is filed. By following the government employment laws, and company policies and procedures, they will find that legal issues and other entities will be avoided.
Bacal R. (2009). Ignoring the Law of Unintended Consequences. Retrieved on May 31, 2009
Davis V. (2009). Colorado technical University Online, Phase 2 DB Live Chat
HRM246_55_5_3. Retrieved on May 31, 2009 from: www.ctuonline.edu
Dessler G. (2009). A Framework for Human Management (5th Ed.), Prentice Hall.
The U.S. Equal Employment Opportunity Commission (2009). Sexual Harassment. Retrieved on
May 31, 2009 from: www.sexualharassmentsupport.org/SHworkplace.html-52k-