Human Resource Management
Name
Institution
Date
- 1: For each of the following situations, identify one or more constitutional amendments, laws or executive orders that may apply:
- A veteran of the Iraqi conflict experiences lower-back pain after sitting for extended periods of time. He has applied for promotion to a supervisory position that has traditionally involved spending most of the workday behind a desk.
One of the laws that can apply in this situation is the Vocational Rehabilitation Act of 1973. The law states that employment opportunities should be provided to people who have various disabilities. The veteran is perceived as having a disability since he cannot sit for an extended period due to the pain that he experiences. Under the affirmative action, the veteran also deserves to be promoted since the law targets hiring and promotion of people belonging to a particular group.
The other law that can apply in this situation relates to Vietnamese Era Veteran’s Readjustment Act of 1974. This law specifies that veterans who participated in any active duty during a given war, expedition or campaign should be given equal opportunities and provided with affirmative action (Dietrich, 2004). Since the veteran participated in the Iraqi war, he should get the promotion.
- One of two female workers on a road construction crew complains to her supervisor that she feels uncomfortable during breaks because other employees routinely tell off-color jokes
This situation necessitates the application of Title VII of the Civil Rights Act of 1964. According to Bornstein (2009), the law forbids any form of discrimination based on the sex of a person. The verbal sexual discrimination to the female worker is thus addressed under this law.
The fourteenth amendment may also apply in this situation since it focuses on providing all citizens with equal protection and specifies that there must be due process in state action once a violation has been identified. Executive Order 11246 is also applicable since it cautions against sexual discrimination.
- A manager at an architectural firm receives a call from a local newspaper. The reporter wonders how the firm wishes to respond to calls from two of its employees alleging racial discrimination. About half of the firm’s employees (including all of its patterns and most of its architects) are white. One of the firm’s clients is the federal government.
Title VII of the Civil Rights Act of 1964 can also be applied in the case of this situation. The law specifies that employers should avoid any form of discrimination based on the race of the employee. Under this law, the racial discrimination of the employees is addressed.
The fourteenth amendment is also applicable in this situation. Greene (2011) observed that the law focuses on providing all citizens with equal protection and specifies that there must be due process in state action once a violation has been identified. There is lack of diversity in the firm under examination since most of the workers are white. Through the amendment, the firm would adjust and hire employees from different racial backgrounds.
Executive Order 11246, which species that employers should avoid any racial discrimination towards their employees, may also be applicable in this situation.
- 2: Given that the “reasonable woman” standard is based on women’s ideas of what is appropriate, how might an organization with mostly male employees identify and avoid behavior that could be found to be sexual harassment.
Sexual harassment in such a working environment where most workers are male and the “reasonable woman” standard is applied can be identified through various ways. According to Vijayasiri( 2008), these methods include physical contact making sexual suggestions, demanding sexual favors, use of sexually colored remarks and use of any verbal or non-verbal conduct of sexual nature.
Through the identification of the sexual harassment behaviors, an organization may be in a position to come up with ways to curb the situation. Creating a firm policy relating to sexual harassment, organizing frequent anti-harassment workshops, making effective and fast responses to sexual harassment complaints are some of the major ways to address such a situation. HerscH (2015) explains that ensuring that the harasser does not retaliate once reported can also be effective in curbing sexual harassment.
- 3: What are an organization’s basic duties under the Occupational Safety and Health Act?
There are various specific basic duties of an organization regarding Occupational Safety and Health Act. One of the duties involves ensuring that all employee’s workplace is free from any identified hazards that are known to cause or likely result in serious physical, emotional and/or psychological harm or even death (Johnstone, Mayhew & Quinlan, 2000). Another duty involves keeping records of all employees regarding work-related illnesses and injuries. The organization should post a summary of annual records dating from first February to thirtieth April of the following year. Other duties may include effective and adequate sharing of information with employees regarding safety and health and updating them on improved ways to protect themselves from any potential dangers in their workplaces.
References
Bornstein, L. (2009). Title VII of the Civil Rights Act of 1964. Georgetown Journal of Gender and the Law, 10(2), 639-671.
Dietrich, J. W. (2004). Vietnam Era Veterans’ Readjustment Assistance Act of 1974. Affirmative Action: An Encyclopedia.
Greene, J. (2011). Fourteenth Amendment Originalism. Md. L. Rev., 71, 978.
HerscH, J. (2015). Sexual harassment in the workplace. IZA World of Labor.
Johnstone, R., Mayhew, C., & Quinlan, M. (2000). Outsourcing risk-the regulation of occupational health and safety where subcontractors are employed. Comp. Lab. L. &Pol’y J., 22, 351.
Vijayasiri, G. (2008). Reporting sexual harassment: The importance of organizational culture and trust. Gender Issues, 25(1), 43-61.