Hi friends! How are you all?
Today I am going to introduce a boring yet important topic with you. I know most of you don’t feel comfortable with the words like Laws, Regulations, Code of conduct or Legal Issues. But there’s no scope to escape ! As much as any area of management, HR Management too is subject to wide-ranging laws and court decision.
These laws and decisions affect the human resource function in many areas such as employment opportunity, compensation and benefit, leaves, labor relations, and occupational safety & health in workplace, right of privacy, Sexual Harassment prevention and protection against unjust dismissal. Several major ones are summarized below:
Equal Employment Opportunity
- Title VII of the Civil Rights Act of 1964 (amended by theEqual Employment Opportunity Act of 1972)- Forbids discrimination on the basis of sex, race, color, religion or national origin in all areas of the employment relationship.
- Age Discrimination in Employment Act(ADEA), passed in 1967, amended in 1978, and again amended in 1986,is an attempt to prevent organizations from discriminating against people older than forty years.
- Executive orders, especially Executive Order 11246 passed in 1965 protects government contractors from discrimination. It requires employers with government contracts to engage in affirmative action.
- Pregnancy Discrimination Act forbids discrimination against women who are pregnant.
- Americans with Disabilities Act (ADA), which forbids discrimination against disabled persons.
- Civil Rights Act of 1991, make it easier for employee to sue an organization for discrimination but limits punitive damage awards if they win.
- Compensation and Benefits
- Fair Labor Standards Act (FLSA), passed in 1938 established minimum wage and mandated overtime pay for work in excess of forty hours per week. It also discouraged child labor.
- Equal Pay Act of 1963, requires that men and women be paid the amount for doing the same job.
- Employee Retirement Income Security Act of 1974(ERISA), regulates how organizations manage their pension funds.
- Family and Medical Leave Act of 1993 (FMLA), requires employers to provide up to twelve weeks of unpaid leave for family and medical emergencies.
- National Labor Relations Act, also known as Wagner Act.passed in 1935, sets out procedures by which employees can establish labor unions and requires organizations to bargain collectively with legally formed unions.
- Labor -Management Relation Act, also known as the Talf-Hartley Act passed in 1947 limits union power and species management rights during a union-organizing campaign.
- Occupational Safety and Health Act of 1970 (OSHA)directly mandates the provision of safe working conditions. OSHA regulations include limits on chemical exposure, employee access to information, requirements for the use of personal protective equipment, and requirements for safety procedures so that death or any other serious physical harm could be avoided. Safety Awareness Programmes are included to OSHA. OSHA inspections are conducted by compliance officers, specially trained by Departments of Labor Agents.
Besides above these several other areas of legal concerns have emerged during past few years. Sexual Harassment and Affirmative action & Reverse Discrimination cases are also filed under Title VII. Recent court rulings have tended to define alcoholics and drug addicts as disabled people. Now a day’s AIDS has emerged as an important legal issue and its victims are most often protected under carious laws protecting the disabled.
We will know more about all these areas of legal issues in our upcoming post.