Legal Environment of Human Resource Management

 

 

 

Legal Environment of Human Resource Management

 

1. Is affirmative action still necessary to ensure equal employment opportunity? Given the diversity in the United States, should we begin to think about class-based rather than raced based affirmative acti

vities?

Affirmative action is vital in the employment opportunity in the United States as it induces the procedures that enable eliminating unlawful discrimination among the various applicants. The measures ensure that it’s fixed the present discrimination and prevent future discrimination that can occur. Therefore, the procedure ensures that the workers are treated equally without any regard that imposes race or national origin.  The country should focus on the race-based affirmative that provides that no single citizen in the government fails to secure the proposed opportunity due to racial discrimination in the workplace.

2. Has the concern about sexual harassment gotten out of hand, and has the political correctness replaced common sense?

There has been an increase in the awareness concerning sexual harassment that has commenced due to increased activism of the Nation’s feminist movements. The vice has facilitated the county to increase the rate of diversity and equal accommodation in the workplace. More so, the violation of sexual harassment is considered the laws against individual human rights. The government and the social community have stipulated measures that aversively eradicate sexual harassment cases in the working places, especially for the feminine gender.

3. Why is mental disability so challenging to define in the context of the American with disability act?

The area has become the topic of discussion in the Nation. For Example, the ADA does not allow the organization to hire and recruit persons with disabilities, especially if he/she is not qualified for the job. However, the ADA stipulates that the individual with a disability without reasonable accommodation can conduct the essential functions, thus protecting the person with disability against any discrimination, which brings about the disability’s dilemma.

4. Should there be a uniform definition of reasonable accommodation in the Americans with Disabilities Acts?

There should be equality of disabled in the organization platforms to defend the qualified individuals with a disability to be catered for by the organization. They are working to ensure that the managements cater to their right. In this regard, the employer will refrain from discriminating against the individual with a disability if the personnel is viable for a particular job or without reasonable accommodation.

5. Why is sexual harassment so prevalent in the healthcare environment? What can be done to break this historical patter?

The ranking criteria used in many health care and predominating males resulted from the high rank to sexual harassing of the females in the lower positions. Therefore the healthcare or any organization should adhere to the policy and guidelines stipulated to facilities better-reinforced communications. More so, the employees should be trained according to the requirements of Title VII, thus facilitating sanity in healthcare.

6. Have Federal antidiscrimination laws gone far? Should public policy in the United States seek a return to employment-at-will?

Yes. If the termination was found not specified reasonable enough for the terminating most employee will resume the work. The move will ensure that their duties follow the better alarms that enhance the unlawful use of commands.

7. What does the public policy exception employment mean?

The public policy exception employment means that the employee cannot be fired wrongfully for expressing their rights, especially when reporting the employer’s violation of OSHO standards.

8. Because employee handbooks may be used to contest a disciplinary procedure, what advice would you give to a workgroup assembling an employee handbook?

The workgroup should make the policy governed by other enforcing up-to-date acknowledgments to eradicate the simplicity of the law written out and signed by the employee.

9. Under what circumstances would you use a progressive discipline process?

The progressive discipline procedure is used when the employee fails to meet the firm’s expectations guided by the management. In case they fail to reach the expectation, they are provided with another chance to correct the organization’s performance that will facilitate the growth of the firm as per expectations and its goals.

10. Give the significant public risks that can result from an impaired healthcare worker’s work, should random drug testing be used in all healthcare organizations?

Drug testing to the individual is susceptible to the community, especially when the testing experiences hiccups. However, the medic should ensure that they have the proper consultation with the human resources personnel or the legal team to ensure that the people are fully compensated if something happens from the trial.

11. Consider the case of a physician who has been practicing for 15years and is one of the few okay –established physicians in a small community. How would you deal with information about this physician’s abuse of alcohol or drugs?

The using and abusing of drugs are very sensitive in the community setup. However, the person functioning ability can still be perfect regardless of his /her drug substance behavior if mostly he/she does not take them during the working hours. In this regard, I will not accept personal or emotional feelings to the physician as long as he/she is delivering their mandate effectively and promptly by following all the codes and ethical behavior of the healthcare system and the nursing profession.

12. Has the law against retaliation gone too far? How can an employer prevent the “shunning “of an employee who remains in the workplace and has filed a claim against the employer?

No. The EEO guidelines stipulate that no single employee should or can be discriminated against based on the employer protected class status. In this context, the employers are protected, and they cannot be fired without well-defined reasons that entail the notice and fair hearing. The ideal ensures that the employees’ right is protected and guided by the specific federal and states Statues.