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Legal Aspects of Human Resources Management

Union Solicitation

The All Souls Hospital employee was within her legal right to chat with other staff members about the union on social media. The National Labor Relations Act (NLRA) grants workers the right to establish, enroll, or assist in union organizations, or to engage in collective bargaining or solicitation of labor organizations (“Interfering with Employee Rights,” n.d.). Section 7 of the legislation protects all laborers, including unionized employees, and, thus, the manager violated the NLRA law by firing this member of the workforce. Section 8(a)(1) of the statute indicates that it is an unlawful act for an employer to constrain an employee from exercising their legal rights of joining, forming, and assisting or soliciting membership to labor organization (“Interfering with Employee Rights,” n.d.). Therefore, employers cannot threaten, spy, or interrogate employees engaging in union-related activities.

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Implications of Firing the Employee

Once a complaint has been issued, an administrative law judge will hear the case and provide a recommendation. If the court determines that the worker’s rights have been violated, he/she (employee) may be awarded a remedial relief (“Interfering with Employee Rights,” n.d.). This subsidy can range from rehiring the plaintiff, granting the petitioner money for lost wages and benefits, or reinstatement. However, the administrative judge’s decision is not legally binding unless a board on review of exceptions adopts the ruling. The accuser may file for an appeal at the Board of Washington if they wish to contest the judge’s decision.

EEOC Laws Related to the Alleged Discrimination and Harassment

The Equal Employment Opportunity Commission (EEOC) prohibits discrimination based on a person’s race, religion, nationality, age, and sex. Employers are not allowed to inquire about a veteran’s injuries, disability, or medical conditions during a job interview. The EEOC defines harassment as any conduct or activity which affects an individual’s employment or creates an intimidating, hostile, and abusive work environment. Harassment can occur without inflicting a physical or emotional injury to the victim: any act offending the victim is qualified as unlawful harassment (“Harassment,” 2020). Sexual and gender-based harassment refers to derogatory terms, jokes, comments or questions, conversations or unwelcomed gestures, and unwanted carnal attention towards a person. The gestures, comments, conversations do not have to be overtly lascivious but rather reflect a disparaging attitude or behavior towards an individual (“Harassment,” 2020). The EEOC covers all workers, including veterans, in all employment contexts. The veteran’s alleged discrimination and harassment are protected under the “disparate impact discrimination,” a form of prejudice that occurs when a practice seems nondiscriminatory or impartial at the surface but has a discriminative motive. One can file a discrimination report if they feel an employer discriminated against them based on their veteran status.

State Remedies or Actions to be Implemented by the HR Department

The HR department can establish an internal dispute resolution (IDR) program within the company to resolve harassment and discriminatory accusations. The IDR program must be free and expeditious in resolving complaints filed at the office. The HR unit can also use mediation, arbitration, or severance pay plans to reach a consensus with the plaintiff. Liability insurance schemes can also protect the organization from claims by covering payouts and legal fees associated with lawful suits. Firms can take preventive measures by establishing and enforcing policies and practices against anti-discriminatory practices. Employers and employees can also be trained in the establishment’s values and policies regarding equal employment.

References

Harassment (2020). U.S Equal Employment Opportunity Commission. Web.

Interfering with employee rights (Section 7 & 8(a)(1)) (n.d.). National Labor Relations Board. 2020, Web.

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