When hiring employees, employers must be aware of different types of discrimination prohibited by federal laws. To start, the Fifth and Fourteenth Amendments of the United States Constitution limits the power of discrimination. The Fifth Amendment has a specific requirement that one may not deprive an individual of “life, liberty, or property” (U. S. Const. amend V), while the Fourteenth Amendment prohibits violating an individual’s rights of equal protection and due process (U. S. Const. amend XIV, §1).
These Amendments to the Constitution prevents employers from treating employees or job applicants unequally while allowing them to seek a fair procedural process prior to denial for employment or termination. The Fourteenth Amendment also provides that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” meaning that all federal laws will apply to state jurisdictions (U. S. Const. amend XIV, §1). Another law that further clarifies employment law under discrimination is Title VII of the Civil Rights Act of 1964, section 2000e-2.
This law states that employer practices shall be unlawful in the event they “…fail to refuse to hire or to discharge any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin” (United States Equal Employment Opportunity Commission, n. d. ). In the event an individual files a claim with allegations of discrimination, an investigation will be conducted, allowing the respondent (employer) 10 days to dispute the accusations.
If the commission is unable to determine reasonable cause, the case will be dismissed. On the other hand, if the commission believes there is reasonable cause affirming the allegations, they will attempt to “eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion” (United States Equal Employment Opportunity Commission, n. d. ). In the event the employer makes this information public he or she will also be in violation of the law and will be “fined not more than $1,000 or
imprisoned for not more than one year, or both” (United States Equal Employment Opportunity Commission, n. d. ). Furthermore, the Civil Rights Act of 1991 amended the Civil Rights Act of 1964 to strengthen and improve the Federal civil rights laws, providing damages in cases of intentional employment discrimination, and clarifying requirements regarding unequal actions. The Civil Rights Act of 1991 also allows the complainant to recover “compensatory and punitive damages as allowed in subsection (b) of the American Disabilities Act of 1990” (United States Equal
Employment Opportunity Commission, n. d. ). Therefore, when hiring individuals for the limousine service, to stay within the parameters of the law, Stonefield must consider all applications for employment, providing equal opportunities for each application and must not terminate an employee based upon any potential discriminating factors. Compensation Upon retaining employees, an employer must be familiar with compensation laws for their jurisdiction. The Fair Labor Standards Act (FLSA) provides federal regulation for compensating non-exempt employees.
“The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments” (United States Department of Labor, n. d. ). Although, there is a federal minimum wage guideline, many states also have minimum wage laws. According to the FLSA, the employee is entitled to the higher minimum wage. As of January 1, 2015, the minimum wage in the state of Texas corresponds with the federal minimum wage at $7. 25 per hour (National Conference of State Legislatures, 2015).