Wednesday, May 6, 2020
Employment Laws Chart
Question: Complete the Employment Laws Chart. The chart includes descriptions, court cases, importance of, and application of employment laws. You may use past or current court cases that are related to the law. Answer: Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. Employment Law Description and Requirement of Law (Describe the law) Court Case Influential to Establishment of Law (Must have a court case, use past or present court case) Importance of Law (Explain importance) Workplace Application (How does the law apply in the workplace?) Civil Rights Act of 1964 The purpose of the law is to remove the discrimination based on color, sex, creed, religion. The Civil Rights Act is a centralized law taking federal action against isolation in public accommodation, public amenities and service. The reference case related to the Civil Rights Act was Griggs v Duke Power Co, 1971. The case involved in employment discrimination which was decided on 8th March in 1971. The earlier mentioned law is of general importance because its aim to put an end of the civil war and dispute and to make a confirmation of legal equity for the people of Blacks and Whites. The law encouraged the integration of the related public schools. The earlier mentioned applies to both public and private zone at the state, central and local rank. The statute restricts workers decisions and policies based on workers stereotyped intuition that motherhood and even fatherhood sometimes unsuited with the work. However it is not much useful in the office but still it assures all the workers have equal prospect within the accessible organization and do not entail any of the workers to make structural changes to encourage flexibility. Equal Employment Opportunity Act The statute is formed to assist in the protection and security of the United States workers from bias. The act is created to safeguard the workers from the discrimination of the work on caste, creed, religion, sex and of native foundation. The case in relation to the Equal Employment Act, 1972 was Mc Donnell Douglas Corp v Green in 1973 which was based on trouble shifting structure. The Act is an essential step towards true and fair equality on the work face. The important feature of this statute it is a condition arming the Equal Employment Opportunity commission to bring the law cases in the Federal districts court to put into effect the rights assured by the Civil Rights Act. The legislation is essential as it is the moral right to perform oneself in the working place and the act also helps in carrying the business of the company in a better and advanced way. Equal Pay Act The Equal Pay Act, 1963, designed to abolish salary inequality based on sex. The law states no workers discriminate on the basis of sex by paying salary to the workers in such institution at a less rate than the rate that he or she pays salary to the workers of the opposite gender for equal job. The famous case under this statute was Corning Glass Works v Brennan, 1974 providing equal pay or wages to both men and women for equal work. The act is important because it benefits to wages which is considerably lower for women, families become more dependent on the wages of the women as the men are losing their work at a high rate. Moreover it hurts the men due to lower salary of the women and highly educated women drop more wages. The act applies in the workplace that men and women must be given equal salary for equal work working in the same workplace. Age Discrimination in Employment Act of 1967 The purpose of the law is to forbid service inequity against the person who is of forty years of age under the United States jurisdiction. The act restricts discrimination on the basis of age in activities receiving national financial support. The leading case under this statute was the Price Warehouse v Hopkins, 1981 based on the issue of workers liability for age inequity. The statute is essential because it secures certain applicants and workers who are forty years of age especially on the basis of hiring, encouragement, release, reimbursement and terms of employment. The Legislation applies to the employers who are forty years of age and above this age working in the private and public sector. The act also applies to the business of the company which is working with more than twenty workers. Americans with Disabilities Act of 1990 The statute is a civil rights restricting discrimination upon disability of the workers of the United States. It safeguard to the American against the bias with the disabilities regarding the Civil Rights Act. The relevant case regarding this Legislation was the Barden v The City of Sacramento, 1999 urging that the people of the city of Sacramento failed to obey with this act in making public streets renovations. The act restricts discrimination among the people with disabilities in the matters of service, public lodging, communications, hauling and the activities relating to the Government of the United States. The statute also provides necessities for the telecommunications transmit service. The statute applies in the workplace due to some special reasons. It fulfills workers requirement for the work such as employment, education, skill, experience etc. The workers are also able to perform the important function of the work such with or without reasonable lodging. Civil Rights Act of 1991 The purpose of the legislation is to restrict the rights of the workers who sued their respective employers for discrimination. The relevant case law was the Patterson v McLean Credit Union, 1991. The essential of the act is to remove bias regarding employment. The act applies to both the workers of the public and private sectors. Family and Medical Leave Act (FMLA) of 1993 The purpose of the act requiring the employers to provide workers job protected and due leave for qualified family and medical cause. The influential case was the Taylor v Progress Energy Inc in 2005. The essentials of the act it supplies work secured and leave for medical purposes. It provides flexible and comfortable work options in the private zone. Privacy Act of 1974 The act is aimed to establish a Code of Fair and True Information Practice governing the maintenance, use, collection, distribution of personally and privately restricted news about the folks who are maintained in the system of records by Federal agencies. The popular case in connection to the mentioned statute was the Doe v Chao, decided on 2004by the Supreme Court of the United States construing the legal damages provisions of the Privacy Act, 1974. The necessities of the act are to provide people with broad protection and safeguard from the unauthorized use of records and report which the Federal agencies maintain about them. It also reveals or discloses the purposes for which they are gathering information and provides each person to access records and report about them. The importance of the application of this act is that it applies in practice to the job place which is important for the privacy shield of the workers in the working place. Drug-Free Workplace Act of 1988 This statute of the United States entail few Federal contractors and all Centralized grantees to concur that they should provide workplaces free of drug and other drug related products as a precondition for receiving a contract or even to grant from Federal organization. The relevant case in relation to the Drug Free Workplace Act was the City of Sioux Falls v Miller in 1996 determined by the court of the United States jurisdiction. The statute is important as it requires federal contractors and the grantees to certify that they will sustain a drug free working place and enables all the workers safely and securely free of drug and drug associated products. The act applies to the federal contractors whose association is not for acquirement of the goods and services. It applies to all the association that is of federal grantees and does not apply to the subcontractors or the sub grantees. Polygraph Protection Act of 1988 The act prevents workers from using lie detector tests either for the pre work screening or during the course of the job including few exemptions. The leading case under this statute was the Howard E. Saari v Smith Barney, Harris decided on 1983 by the Supreme court of the United States. The act is of importance because it restricts workers from requesting a member of staff or job candidate to use a detector and test to find out regarding the discrimination against other employee for refusing to take a test. The act applies to both public and private workers in the company or the corporation. and Retraining Notification Worker Adjustment Act (WARN) of 1988 The Worker Adjustment And Retraining Act is aimed to provide and protect workers, families, and communities by requiring with more than hundred labors to provide sixty calendar day advances notifying regarding the closing of plant and mass layoffs of workers. The famous case was the North Star Steel Co v Thomas, 1995. The act is of general importance as it protects labors along with their families in relation to the closure of plant and mass layoffs by providing advance notice to the workers. The Legislation does not apply to the closure of the temporary facilities or even the completion of a activity when the employees are hired for the duration of that activity. References: Corning Glass Works v. Brennan, 417 U.S. 188, 208 (1974). Heart of Atlanta Motel v. United States (1964).
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