Human Resource Management: Legal and Regulatory Environment

Advice to Goldstein

Being the assistant vice president at Reliable Insurance, Amy Goldstein expects to take over the position of vice president from his retiring supervisor. However, this does not happen when the vice president explains the commitments that come with the position. Goldstein is aware that she cannot manage to work for long hours, take care of her bedridden mother, and attend various business trips.

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The employee that was promoted was instead of Goldstein was her subordinate. Goldstein should be content with her current position knowing she was qualified to be the next vice president. Goldstein should consider her mother’s condition and take it as part of her responsibility to take good care of her mother. The responsibility that comes with the promotion is great and may drain her energy leaving her with less time and energy to care for her ailing mother.

Sexual Harassment Lawsuit

Lewis and Hopkins accounting firm’s junior accountant, Jennifer Albright, has resigned from her job. The resignation comes after she has endured sexual advances from Milton Lewis. Milton is a senior partner in the firm who has made sexual advances and harassed Jennifer for six months without her filing a complaint.

Jennifer’s resignation and filing the case indicates the psychological stress she has endured for the past six months. Sexual harassment creates a hostile work environment for employees, which may be intimidating especially if the sexual advances come from senior employees. According to the 1991 Civil Rights Act, sexual harassment includes unasked for sexual advances or demands for sexual favors and contact, chitchat, or the dissemination of material with distasteful sexual themes. The wronged employee ought to be compensated, and the offender should be punished. Jennifer’s chances of winning the suit are low because Milton is related to the senior partner whose position may influence the outcomes of the case to protect the company’s reputation.

South Hill High for Girls

Theresa Thomas’s rating declined after she became pregnant because she had difficulties discharging her duties. However, her dismissal was unfair because it was pegged to her poor performance during pregnancy. I would advise Theresa to fight for her rights and sue the school for unfair dismissal. The constitution protects women against discrimination. In addition, the Pregnancy Discrimination Act, which was an amendment to Title VII of the 1964 Civil Rights Act, protects against discrimination. The act stipulates that pregnant women are to receive treatment and consideration that is similar to that of any other employee in a firm. The amendment has shifted employers’ attitudes to consider the plight of mothers with small children.

Milton and Madden (M & M) Law Firm

Milton & Madden law firm is opposed to the wearing of turbans by its Sikh employees because of concern that the company’s clients may perceive the attire as unprofessional. The U. S. constitution promotes the freedom of association and gives people the freedom of worship without government involvement. However, the constitution indicates that employment is an economic venture and not a social undertaking. Therefore, these freedoms do not hold in the workplace. The two Sikhs should abide by their employer’s dress code.

Bayou Oil Drilling

The discrimination of people based on color or origin is illegal and punishable by the law. Mexican workers suffer from racial discrimination and harassment by being called offensive names by their colleagues. The Mexicans ought to sue the company for allowing its workers to discriminate and belittle them. According to the Civil Rights Act of 1991, amendment juries are composed of workers who are sympathetic to the plight of their fellow workers. Compensatory damages as illustrated by the statute include emotive pain and suffering, psychological torment, loss of enjoyment of life, inconvenience, and other non-pecuniary losses. Individuals suffering from such damages can sue the company, which should be compelled to punish the wrongdoers.

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Crystal Advertising Agency

The alteration of the firm’s sick rules from a certain number of days to the frequency of incidents aims to assist in evaluating the reviewed cases. Rogers tries to launch a complaint against the new policy because younger employees are not taken ill as often as the older ones. The plan to have more workers from a particular age group is unethical and unfair. The enactment of the Age Discrimination in Employment Act of 1967 aimed to promote the employment of individuals over the age of 40 since age discrimination is regularly experienced by individuals above the age of 40. Employers should avoid the discrimination of old employees during the recruitment and dismissal processes. An employee can sue an employer in instances of age discrimination during job promotions, rewards, and compensation. The hiring of young employees because they fall sick less often is also unlawful. Rogers should ensure that he does not use age to discriminate against employees because the constitution allows for people to be in employment up to the age of 65 in some instances.

Rita Hall V Bull & Bear firm

Rita’s kidney failure is a form of disability. The constitution restrains employers from using disabilities to discriminate against their employees. The 1990 Americans with Disabilities Act outlines the protection of individuals with impairments or disabilities from discrimination. It stipulates that employers should be accommodating of individuals with disabilities by making the work premises accessible, modifying work equipment, and changing work schedules. Rita has a right to alter her work schedule to allow her to obtain medical attention. In addition, she is willing to work extra hours to make up for the time lost during her treatment. Therefore, she can use legal means to settle the issue if the firm fails to honor her request.

Neptune Fish Market

The firm employs a group of employees who are permanent dwellers of the area to clean and refurbish the open market. Each laborer receives a constant wage that amounts to $1,000. The laborers are required to be on duty for a total of nine hours daily. In addition, they are supposed to report to work five days a week. The 1938 congress enacted the Fair Labour Standards Act with the aim of regulating the maximum number of hours a worker can work in a day before earning overtime dues. The overtime compensation rate is one and a half times the normal rate of pay. In July 2009, the hourly minimum wage was set at $ 7.25 while the maximum working hours per day were set to eight. Neptune Fish Market underpays its workers as its hourly wages are lower than the established minimum rates. Therefore, the company should increase its rates to pay the legally recommended wage rates.

Typing Pool Complaints

Employees are at liberty to work in a healthy and safe environment. The enactment of the Occupational Safety and Health Act of 1970 stipulates that the health and safety of employees at their work premises should not be at stake. There are various health and security risks in most work premises. Consequently, the education and sensitization of the imminent danger of such hazards are mandatory. The rule aims at reducing losses incurred by employees and employers in treating injured employees. Employers lose productive labor in the case of injuries while the employee suffers from physical discomfort. The statute plays an important role in ensuring that workers have training on various aspects relating to the health and safety hazards in their immediate work environment.

The complaints from the staff are valid because the use of poor quality equipment is detrimental to their health as well as to the profitability of the organization. The costs of treating health and safety-induced complications are higher than the costs of purchasing the appropriate equipment.

Marissa Campbell versus Venus Cosmetics

Marissa hurt her back while working for the firm. The rumor that she overstated her back injury has reached her employer. In addition, Marissa was seen playing tennis with her husband when she was supposed to be recuperating. Marissa was the company’s agent. Therefore, she was expected to be accountable and honest. It was wrong for Marissa to provide false information in order to be off duty. She failed to be loyal and accountable to her employer when she exaggerated her back injury and continued to receive payment by pretending to be unwell. Venus Cosmetics should give Marissa a warning letter and deduct the money that she received unlawfully from her salary.

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