The Federal Supreme Court in the case of Faragher v City of Boca Raton, 118. ct. 2275 (1998), expressed that an employer is vicariously liable for the act of a supervisor that amounts to harassment of the employees. The court made two points clear first, where a supervisor employed by an employer is sued for harassment, the employer becomes vicariously liable, and secondly, that the employer must always take action to prevent harassment.
In avoiding such liability, the employer must establish that he exercised reasonable care in correcting or preventing such harassment, or show that the employee failed to exercise reasonable care to prevent the occurrence of such harassment. According to Viollis & Decker (2005), the employers have been advised to adopt the anti-discrimination policies based on the federal anti-discrimination laws. Employers who are at the risk of discriminating the employees have been advised to apply the clause on the 14th amendment, effected on the U. S constitution.
The application of the equal employment opportunity policies is also a legal requirement by the federal government. Under this policy, employers agree to maintain hiring and employment policies that observe and enforce the anti-discrimination laws. The employees are also required to correspond by being careful and to adhere to the principle, so as to assist the employers in discharging their duties. Affirmative action policies have been made mandatory for the companies that have an annual income revenue of more than 50,000 dollars or federal contracts.
The policy helps to ensure that employers recruit qualified employees, offer proper working conditions and ensure that all the rights of the workers are adhered to. Where the employer fails to conform to the provisions of the statute, an employee has the right to get representation through a trade union in which he is a member, or use the recent development which provides that, the employee can institute a case for damages in his personal capacity in the federal courts. If it is established that the employer is in default, an award of damages is made against the employer.
The Provisions of Federal employment Laws with regard to Agents of a Company, and Contractors The Federal employments law provides protection with regard to the temporary workers and the employees who work on contractual basis. According to Viollis& Decker (2005), the Migrant & Seasonal Agricultural Worker Act as amended in 1986 and 1995 provides protection to the seasonal, and migrant agricultural workers and to the contractors of seasonal and migrant labor for other purposes.
This act is meant to prevent the oppression and restraint of seasonal workers, agents and workers on contract working in the Agricultural sector. The Act comprehensively provides for the rights of such workers in regard to protection against discrimination, fair and equal pay, private right to take action, and provide for the situation where an employee may choose to waive their rights. The employer who dispenses with the provisions of the act and causes damage to the employees, is liable for damages and any other action that the court may deem fit.
The fair Labor standards Act covers the interests of the agents who deal with an employer and contractors in other forms of businesses, apart from the agricultural sector. The Act provides that, an employer owns the duty of care to the agents and contractors for any action occurring while the employee is performing duty in regard to the work he is employed to do. The Act further states that, such employees should be given fair pay, overtime and any other benefits.
The agents and contractors are also protected from discrimination. Any employee who suffer damages due to the negligence of an employer in complying to the statute has a right to institute a legal claim, either through the trade unions or as an individual. Representation of a worker who is a Member of a Union to a Collective Bargaining Contract. Where a worker is a member of a trade union, he is supposed to represent his grievances to the trade union as a first step, instead of approaching the court directly.
The trade union then enters into a bargain with the employer, where they represent the grievances of the employee as if it were their own. The employer has a right to issue a proposal on the terms and conditions he is ready to comply with, and to also request that the trade union comply with certain terms and conditions. This is what is referred to as a collective bargain. If the two parties agree, the employee interests are looked into by a consideration from both parties, including compensation if the employee had suffered any damages through the act of the employer.
Where employees are represented by the trade union, and the union cannot agree with the employer, trade unions may organize strikes to pressure the employer to improve the employees terms and conditions (Viollis & Decker, 2005).. References Fitzpatrick, J. & Perrine, J. (2008). State labor legislation (SLL) enacted in 2007: Monthly Labor Rev, 131(1), 3-31. Retrieved May 21, 2008, from ABI/INFORM Global. United States National Labor Relations Board (2005). Labor Relations Reference Manual: The Law of Labor Relations Including Statutes, Opinions of the Courts, and Decisions of the National Labor Relations Board.
Published by Bureau of National. Origin from the University of California. Viollis, J. & Decker, K. (2005). Avoiding the Legal Aftermath of Workplace Violence: Employee Relations Law Journal, 31(3), 62-69. Retrieved on May 21, 2008, from ABI/INFORM Global database. (Document ID: 930280031). Zachary, K. (2008). Labor law: Sexual harassment procedures and third party retaliation. Super Vision, 69(3), 21-27. Retrieved May 21st 2008, from ABI/INFORM Global database.