Sexual Harassment, Discrimination, Violation of Disability Rights
Introduction
Employment laws provide a framework for corporate interactions to ensure safety, justice and support. Examples include sexual harassment laws and other regulations. Violations can lead to sanctions, so clear recommendations must be established to prevent any legal issues (Jr et al., 2019). Some of the recommendations to maintain employment laws include setting new guidelines, maintaining ethical standards of practice and equity.
Examples of Employment Laws
The law protects employees from sexual harassment in the work environment. As highlighted in figure 1 above, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 (Dang et al., 2018). It involves unwelcome seductive advances which violates work ethics. Examples of Possible Violations include displaying sexual images or posters in the workplace and unwanted requesting for sexual favors. Consequences of Violating the sexual harassment code must attract serious consequences such as civil penalties and termination of contract of employment. However, there are various recommendations that can help establish new habits such as taking stern actions when violation occur and developing policies that ensures protection of employees at all times.
As elaborated in the figure 2 above, discrimination in the workplace is a form of employment law that protects workers from being treated unfairly or unequally due to characteristics they possess. Discrimination can occur in the form of unequal pay, refusal of hiring or promotion, or exclusion from certain activities or benefits due to personal characteristics such as age, sex, race, religion among others. Examples of discrimination in the workplace include rules that prohibit hiring persons above 65 years which violate age discrimination laws such as the Age Discrimination in Employment Act (ADEA) (Krimmel, 2019). Section VII of the 1964 Civil Rights Act outlaws’ race and color discrimination (Krimmel, 2019). The penalties associated with such violations include fines from lawsuits and orders from the court requiring an organization to restructure their policies. Therefore, companies should create awareness about discrimination to enable their employees avoid such violations. Consequences for exclusion must be documented to ensure everyone has an equal opportunity in the organization.
Disability rights are the legal rights of people with disabilities that are protected by law. These rights include the right to be treated fairly and equally in the workplace, the right to access reasonable accommodations. Companies that ignore this right violate Title I of the Americans with Disabilities Act (ADA) which protects persons living with disabilities (Powell, 2019). Example violations include refusing to make reasonable accommodations for a qualified individual with a disability. Firing employees due to a disability is also a violation that attracts a lawsuit (Powell, 2019). This includes terminating an employee since they require reasonable accommodations or demands that the company cannot provide. The consequences of this violation include reputational damage and litigation which are costly due to high attorney’s fees (Powell, 2019). Therefore, organizations must maintain a balanced working environment that accommodates the needs of persons with disability and also training the workforce to maintain an inclusive environment.
Wrongful dismissal is when an employee is laid off from their work but the process breaches terms of engagement. It is a form of employment discrimination which is prohibited by both federal and state laws, as well as other regulations and policies. Examples of wrongful termination include laying off an employee for exercising their legal rights, or firing an employee due to their specific orientation or termination of employment without following due process or notice. The consequences of wrongful termination include reinstatement of the employee and compensation for the stress caused (Shrubsall, 2019). Companies can avoid wrongful termination by setting a well-documented anti-discrimination policy in place. It is also important that employers provide employees with regular training on the anti-discrimination policy and how to adhere (Shrubsall, 2019). This training should be documented so that employers can demonstrate that they are taking steps to prevent discrimination in the workplace.
Conclusion
Adhering to employment laws such as sexual harassment, discrimination, violation of disability rights, and wrongful termination is essential as it ensures that all employees are treated fairly and with respect, no matter their gender, race, religion, or ability. It is important for employers to take proactive steps to prevent these types of violations from occurring, as it can lead to a hostile work environment and a decrease in employee morale and productivity. Additionally, by not adhering to these laws, employers can face serious legal repercussions, such as fines or even the loss of their business. Following these laws is essential for employers to ensure that their business is compliant and that their employees are provided with a safe and equitable work environment.
References
Dang, V. A., De Cesari, A., & Phan, H. V. (2018). Employment Protection and Share Repurchases: Evidence from Wrongful Discharge Laws. SSRN Electronic Journal, 5. Web.
Jr., R. J. H., Shannon, J. H., & Amoroso, H. J. (2019). Employment discrimination based on age: Part II: Applying the ADEA in employment scenarios: Discrimination, idle chatter, or something else? Journal of Public Administration and Governance, 9(1), 1. Web.
Krimmel, K. (2019). Rights by fortune or fight? Reexamining the addition of Sex to Title VII of the Civil Rights Act. Legislative Studies Quarterly, 44(2), 271-306. Web.
Powell, R. M. (2019). Family Law, Parents with Disabilities, and the Americans with Disabilities Act. Family Court Review, 57(1), 37–53. Web.
Shrubsall, v. (2019). Individual Employment Law: Continuity of Employment and Redundancy Rebates. Industrial Law Journal, 8(1), 239–242. Web.