Regarding your request, I am to formulate an employment law compliance plan for a Mr. Bradley Stonefield. It is my understanding that Mr. Stonefield is planning to open a limousine service in Austin, Texas. The limousine service will be made up of 25 employees within the first year. This memo will examine employment laws as well as how these laws are applied. I will also examine the penalties of noncompliance of the different laws. There are diverse employment laws an organization must follow to stay in compliance. If these laws are not followed by the organization, it can lead to numerous consequences.
There will be five employment laws I will go over in this memo. They are as follows: The Americans with Disabilities Act of 1990, The Age Discrimination in Employment Act of 1967, The Immigration Reform and Control Act of 1986, Family and the Medical Leave Act of 1993, and sexual harassment in the place of work. The Americans with Disabilities Act of 1990 The Americans with Disabilities Act excludes any organization from discriminating qualified people who have a disability. This law protects people with many disabilities. These disabilities could consist of anything such as walking, talking, seeing, hearing, and learning.
People who have been diagnosed with HIV or AIDS are protected under this law too, 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).
Groups not in compliance with this law are subject to big financial consequences. The Equal Employment Opportunity Commission imposes this law. There are many courts, which are indifferent to organizations not in compliance with the act. Most of the time the consequence of this type of situation is huge fines or an out of court settlement. The Age Discrimination in Employment Act of 1967 This act disallows any discrimination in pay, benefits, or continued employment for anyone who is 40 or older. This law stops organizations from selecting older employees when it is time for layoffs.
If the organization claims the layoff was because of lack of performance, he or she must have some type of proof to show the courts (Cascio, 2013, p. 87). If there are reports of an organization disobeying the age discrimination act, the Equal Employment Opportunity Commission is informed. The Equal Employment Opportunity Commission will do an investigation of the noncompliance. If The Equal Employment Opportunity finds the employer in violation of this act an attempt will be made to contact the employee who was accused.
There will be a meeting set-up between each person involved to come to some kind of arrangement. If he or she cannot reach an agreement, the accused will have 90 days to file a grievance (Huebsh, Russell, 2013). The Immigration Reform and Control Act of 1986 This specific law has to be followed by every organization, even if he or she only employs one employee. If an organization hires an employee who is not legally approved to work in the United States, the organization is not permitted to continue to employee him or her or hire any others.
If the employee has the appropriate identification to work in the United States, he or she must give the employer the correct identification and work approval. This identification most of the time comes in the form of a green card. Organizations are not permitted to discriminate a person’s citizenship or national origin no matter the size of the organization (Casico, 2013, p. 88). If the employee has the proper paperwork to work in the United States the organization is required to take the potential employee into consideration.
If the organization discriminates there could be possible penalties he or she will have to face. The penalties for noncompliance are severe. If an organization employees people not authorized to work in the United States he or she are fined anywhere from $100 to $1,100 for each employee. There are criminal sanctions provided for organization that continue to repeat these types of violations (Cascio, 2013, p. 88). The Family and Medical Leave Act of 1993 This act does not apply to Mr. Stonefield’s new limousine service at this time because he is only going to hire 25 people for the first year.
It is significant for Mr. Stonefield to understand the law if he plans to increase his business. I think giving him an explanation of this law will help him get ready for growth. The Family and Medical Leave Act permits private-sector employees, including part- time people who work a minimum of 1,250 hours in excess of a year to take 12 weeks of unpaid leave yearly. The reasons can be giving birth, adoption, foster care, care for a significant other, parent, child with a severe illness, or the employee’s own severe health condition.
The United States Department of Labor helps impose this act. This act does not relate to companies, which have 50 or fewer employees (Cascio, 2013, p. 91). Organizations have the accountability to make available to employees the essential information on the Family and Medical Leave Act. Organizations with 50 or more employees is obligated to place government issued posters in the office concerning the regulations of the act. If an organization does not post this information in the office where employees have access to view this information, is subject to a $100 fine.
If an organization refuses leave to an employee and the employee has to pay to have someone be there for an ill family member, the employer could be responsible to reimburse the employee for the out-of-pocket expenses (Mayhew, 2013). Sexual Harassment The final topic I want to deliberate on is sexual harassment in the place of work. Sexual harassment should not be taken casually. Sexual harassment is unwanted sexual advances, demand of sexual favoritisms, and further oral, or physical behavior of a sexual occurrence. Sexual harassment is considered illegal because it causes productivity problems in the workplace.
There are particular steps a manager needs to keep an eye on in the case of sexual harassment. The manager needs to supply written warnings first. The next step is suspension, demotion, and termination of employment (Cascio, 2013, p. 99). The organization, when opened is supplied a poster for display in the office about sexual harassment. Posting this for all employees to review is the responsibility of the employer. If the employer is not in compliance with the laws and regulation of the sexual harassment, he or she could pay a big price for the wrong-doing.
Sexual harassment in the workplace in the state of Texas is unlawful. The public law on sexual harassment is the Texas Commission Human Rights Act of 2004. This law is not much newer than the Title VII law on sexual harassment. Before the Texas Commission Human Rights Act the Title VII could be detached to a different federal court by the defendant’s employer. The state of Texas considers sexual harassment to be sexual discrimination and if the case goes to either state or federal court damages could consist of back pay, disciplinary damages, pain and suffering, court costs, along with attorney fees (Buckman, 2004).
To be effective an organization should know the employment compliance laws. Following procedures on these laws will assist the organization to stay in compliance. It is hopeful the information I have delivered helps Mr. Stonefield to be prosperous with his new limousine company. If there are any questions about the research on the above-mentioned laws please contact me. References Buckman, D. (2004, June). Federal and Texas Laws Prohibiting Sexual Harassment are Similar but Not Identical. Retrieved July 3, 2013, from canteyhanger. com: http://www. canteyhanger. com/content. php?
page=legalissue_detail&id=7 Cascio, W. F. (2013). Managing Human Resources: Productivity, Quality of Work Life, Profits (9th ed. ) Boston, MA: McGraw-Hill/Irwin. Huebsh, Russell. (2013). Retrieved July 3, 2013, from Government Actions for Non- Compliance with Age Discrimination Act: http://smallbusiness. chron. com/government-actions-non-compliance-age- discrimination-act-4878. html Mayhew, R. (2013). What Are the Fines & Penalties for Non-Compliance Under the FMLA. Retrieved July 4, 2013, from ehow. com: http://www. ehow. com/info_7841987_fines- penalties-noncompliance-under-fmla. html