Regarding your request, I will formulate an employment law compliance plan for Mr. Bradley Stonefield. I understand that Mr. Stonefield is planning to open Landslide limousine service in Austin, Texas. Landslide limousine service will employ 25 employees within the first year. This memo will examine employment laws as well as how these laws are applied. I will also explain the penalties of noncompliance for each employment law. Organizations understand they must stay in compliance or face numerous consequences. There will be five employment laws I will discuss in this memo.
They are as follow: The Americans with Disabilities Act of 1990, The Age Discrimination in Employment Act of 1967, The Immigration Reform and Control Act of 1986, Uniformed Services Employment and Reemployment Rights Act of 1994, and sexual harassment in the workplace. The Americans with Disabilities Act of 1990 The ADA prohibits employers from discriminating against qualified individuals with disabilities. This law protects people with walking, talking, seeing, hearing, and learning disabilities. The ADA protects people who have been diagnosed with HIV or AIDS and any person who has completed drug and alcohol rehabilitation.
There are six allegations organizations must follow to accommodate a person with a disability. Organizations such as workshops, agencies, merchandising stores, banks, and hotels must have functional accommodations to anyone with a bodily disability. The accommodations could range from an elevator, access ramps, or telephones with amps for the hearing impaired (Cascio, 2013, p. 89). If the investigation reveals a violation the employer may have to provide the employee with a better job title or position, back pay, or reasonable accommodation.
The Age Discrimination in Employment Act of 1967 The ADEA prohibits discrimination in benefits, pay, and continued employment for anyone age 40 and older, unless the employer can determine that the employee was underperforming. The main objective of the ADEA is to prevent companies from singling out their older employees when going through layoffs or restructuring. Employers who are found guilty by the commission shall be punished by a fine of not more than $500 or by imprisonment for not more than one year or by both. The Equal Pay Act of 1963
The EPA requires employers to provide men and women with equal pay for equal work in the same organization. Employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort, and responsibility within the same organization. In the event that an employer is found guilty will be subject to a fine of $10,000, or sentenced to imprisonment six months, or both. The Immigration Reform and Control Act of 1986 (IRCA) The IRCA applies to employers in the United States, even if the employer only employs one employee.
The IRCA applies to every fulltime part time, temporary or seasonal employees. The IRCA enforces the national immigration policy. While its provisions are complex, three basic features of the law are particularly relevant to employers (Cascio, 2013, p. 88): 1. Employers may not hire or continue to employ “unauthorized aliens” (i. e. , those not legally authorized to work in this country). 2. Employers must verify the identity and work authorization of every new employee. They may not require any particular form of documentation but must examine documents provided by job applicants (e. g. , U. S. passports for U. S. citizens; “green cards” for resident aliens) showing identity and work authorization.
3. Employers with 4 to 14 employees may not discriminate on the basis of citizenship or national origin. Those with 15 or more employees are already prohibited from national origin discrimination by Title VII. However, this prohibition is tempered by an exception that allows employers to select an applicant who is a U. S. citizen over an alien when the two applicants are equally qualified (Cascio, 2013, p. 89). Penalties for noncompliance are severe.
The act also provides for criminal sanctions for employers who engage in a pattern or practice of violations and a 1996 executive order prohibits companies that knowingly hire illegal aliens from receiving federal contracts. For example, for failure to comply with the verification rules, fines range from $100 to $1,100 for each employee whose identity and work authorization have not been verified (Cascio, 2013, p. 88). Uniformed Services Employment and Reemployment Rights Act of 1994 This act protects those in the armed forces no matter what branch they belong to.
The Uniformed Services Employment and Reemployment Rights Act states that an employer must not deny a person employment, reemployment, promotion, or benefits on the basis of the individuals membership, or potential membership in the armed forces (Cascio, 2013, p. 115). This act requires public and private employers to immediately rehire any individuals coming back from uniformed service. If an employer is found guilty of this act, they must rehire the individual. Sexual Harassment in the workplace
The EEOC states that organization states that organizations should have a zero tolerance policy for any form of sexual harassment by anyone in our company, including directors; upper and lower level management, and employees. Harassment is prohibited against a fellow employee, contractors, or the public. Harassment can be verbal, nonverbal, physical and/or sexual. Noncompliance by the employer could very costly if found they were negligent in investigating or taking the appropriate actions to resolve the issue. Recommendation Landslide Limousine service will need to establish and follow a thorough anti-harassment program in the workplace.
Landslide should have a clear statement of sanctions for employees who violate and protection for those employees who make charges. You will need to ensure the investigation is prompt and confidential for every claim of harassment. You will need to keep all investigative information, with records in a central location. You will need to provide regular training of all management, including top managers, to model appropriate behavior and to ensure they’re able to recognize and respond to complaints. Reference Cascio, Wayne. F. (2013). Managing Human Resources: Productivity, Quality of Work Life, Profits (9th ed. ). : McGraw.