Approaches to Law

Business: Approaches to Law

 A policy for the Americans with Disabilities Act (ADA)

Policy Statement- As per the ADA, all employers are prohibited from the act of discriminating against qualified persons with disabilities when it comes to job opportunities,  any employment practices, conditions and terms if employment. This prohibition encompasses all aspects of the employment process from employee recruitment to employee benefits and many other aspects.  It is also unlawful for an employer to discriminate against an employee or an applicant seeking employment because of the person’s family, social, business or any form of relationship with a person with a disability.   In the event that an employee or applicant  experiences discriminatory treatment that has been prohibited by this policy, he or she has the right to complain to the Equal Employment Opportunity  Commission (EEOC) which will investigate the claims and take decisive actions against any individual found to be responsible.

 Policy statement- Organizations/ Employers, are also expected to provide qualified individuals with disabilities with reasonable accommodation that would enable them effectively execute their duties in the accommodation.  This policy is only acceptable if provision of reasonable accommodation would lead to undue hardship for the employer.  Examples of reasonable accommodation include ramps for people on wheelchairs and brailed keyboard for people who can’t see.  Failure to comply with the policy will amount to discrimination and can be reported to the EEOC.

A policy for the Age Discrimination in Employment Act (ADEA)

Policy Statement-All organizations operating within the U.S are required to abide by the ADEA act.  All employers should endeavor to promote employment of older individual based on their abilities and qualifications rather than age. Therefore no employer should discriminate against a qualified individual on the basis of his or her age if the individual is capable of performing the task he/she is seeking to do. Employers are also prohibited from categorizing employees based on age for the purpose of depriving workers of certain opportunities or benefits that may be afforded to them.  If any employer violates this, the aggrieved party has the option of seeking reprieve from the EEOC which is the institution charged with investigating matters of discrimination.

A policy for dealing with different types of harassment

 This policy has been developed with the objective of ensuring that all individuals working in the organization are in a conducive work environment that promotes and encourages his or her productivity.  The organization will not tolerate any form of harassment as harassment makes employees feel uncomfortable thus reducing their level of productivity.  The most common type of harassment in the workplace is sexual harassment.

 Any employee who feels that he or she is being harassed by his or her colleagues or direct supervisor should report the matter to the organization's  management which will investigate the matter and any individual found liable will have his/her employment terminated. If the harassing authority is the organizations head, the individual is expected to report the matter to the EEOC which will in investigate the matter and charge the offender.

A policy for the Occupational Safety and Health Act (OSHA)

            The goal of this policy is to promote the implementation of proper measures that are aimed at ensuring the safety and health of employees as they perform their duties.  Safety and health of employees is important to the organization as it motivates employee thus they become even more productive.  Organizations shall endeavor to ensure that all its workers are operating in a safe environment and that all workers are healthy and able to perform their duties effectively. Employees are also required to ensure that their employer  complies with the policy or else they can  report the employer to the relevant  authority.  Failure to comply with this policy may result in the organization being charged under the OSHA Act. One common example of OSHA violation is in construction sites where employees work without the proper safety equipment.

A policy for the Family Medical Leave Act (FMLA)

            The   Family and Medical Leave Act is meant to provide eligible individuals working for covered employers the opportunity to take job protected unpaid leave for medical and specific family reasons through a continuation of the groups health insurance coverage under similar conditions as if the worker was not on leave.  Thus the purpose of this policy is to ensure that the organization complies with this act and that employees are not denied the privileges afforded to them by law.

 The organization will, however, not uphold the Act in cases where the employees take leaves for reasons that are not valid. The employee has the right to report the employer to the relevant authorities if the employer fails to comply with this regulation.  Being a related labor policy employees are required to report to the HR department if they need to take a leave   so that the HR takes the necessary measures.

A policy of the Fair Labor Standards Act (FLSA)

             The objective of this policy is to ensure that the organization is fair to its workers regardless of their position within it.  All workers in the U.S are entitled to a minimum wage of no less than $7.25 per hou.  The overtime pay for workers should be no less than one and a half times the worker's regular rate of pay for a 40 hour work week.  The minimum wage for employees who are below the age of 20 is $4.25/hr.

 In the event that an organization refuses to comply with his policy, an employee has the right to report the employer to Office of Personnel Management for Employees of Other Executive Branch agencies. This is the organization tasked with investigating such reports and issuing compensation in cases where it determines in favor of the employee. An example of such a violation is when employer pays an employee below the minimum wage.

A policy for the Equal Pay Act (EPA)

            This policy is designed to ensure that all employees within the organization receive equal compensation for the services that they render to the organization. This is to ensure that the organization complies with the EPA which prohibits organizations or employers from conducting wage discrimination against employees based on their sex if they both perform similar tasks, have similar skills and work in the same organization/employer.

 An example of such discrimination is when in an employer chooses to pay a male employee more than a female employee even though they both perform the same duties within the organization and deserve equal pay.  In the event that a violation happens the employee who has been discriminated against has the right to report the matter to the EEOC which is the body charged with investigating all work place discrimination claims.