Criminal law
The Value of Fair Treatment in the Workplace
You have been hired as a management consultant by a large company to examine the company’s business decisions regarding employee protections. The applicable laws are federal anti-discrimination laws, federal health and safety laws, and employer firing practices related to the employment-at-will (EAW) doctrine.
In response to the three questions below, write a 4–6 page paper in which you do the following:
Analyze, identify, and explain recent legislation, within the last 10 years, that helps to protect employees from discrimination in the workplace. Provide at least two federal legislative protections. Provide some insight when the federal legislation conflicts with the state.
Explain the EAW doctrine and all exceptions to the doctrine. Look at the scenarios below and determine whether the decision to fire the employee is a smart one. Identify why or why not, and determine all the possible exceptions per the EAW doctrine that are, might be, or could be applicable if the employee sues for wrongful termination.
Brenda, a manager, started a blog on the company website for employee grievances. She noticed that a worker was protesting that no Asian American employees had gotten a raise in two years at the company. The worker also criticized how much the CEO made and how the CEO was “out of touch.” Brenda reprimanded the worker. The next day, the worker talked to fellow co-workers about forming a union. Brenda subsequently fired the worker.
Jason, a department supervisor, requests approval to fire his secretary, Alice. Alice, a devout Christian, has been putting Right-to-Life flyers in the employee breakroom. Alice is also taking time out to pray each day during the busiest time of the morning.
Brian, the head of the accounting department, refused to sign Lori’s leave request for jury duty. Lori is a tax attorney in his department. Brian wants to fire Lori for being absent without permission during their busiest time—tax season.
Peter has worked for the company for one year. He has a rare form of liver disease and works with chemicals that make his condition worse. Peter does not want to stop working, but his boss is not happy with his performance and wants to let him go.
Determine the federal law regarding undocumented workers and whether they are eligible for state workers’ compensation in the United States. Advocate for or against this practice and substantiate your response with research to support your position.
Criminal law
Institutional affiliation:
Name:
Instructor:
Date:
The Value of Fair Treatment in the Workplace
The United States government works towards ensuring that workers are protected and treated fairly while at work through the development and execution of labour-related laws and legislations. Organizations are required to adhere to the employment laws set by the government and design their policies that protect employees while at the workplace. For instance, employment discrimination laws and legislations set by the government seek to protect workers against discrimination based on sex, gender, race, nationality, religion, age or physical disability. The legislations limit discriminatory practices in hiring, termination, promotions, job assignment, retaliation, compensation as well as harassments. The United States has various laws and legislation meant to protect employees against discrimination in the workplace. Among the recent legislations are the Equality Act passed on 17th May 2019 and the Lilly Ledbetter Fair Pay Act of 2009.
Recent legislation on employee protection
Equality Act passed on 17th May 2019
This is a bill in the US that was passed in 2019. Equality Act prohibits discrimination based on gender identity when it comes to employment, housing, public accommodation, the jury system, public education as well as federal funding. The Act incorporates protection against Lesbians, Gay, Bisexual and Transgender (LGBT) discrimination into the US federal Civil rights law. It recognizes that discrimination can take Place based on sexual orientation, gender identity, sex, childbirth pregnancy, sex stereotypes and medical and physical conditions. The Equality Act also recognizes that Lesbian, gay, transgender, bisexual as well as queer (the LGBTQ individuals) and women experience discrimination in access to facilities while at work and are sometimes harassed and treated unfairly. The inclusion of the same-sex marriage on human right legislation has raised concerns over what is right and wrong according to religion with religious people in various states arguing that legalization of same-sex marriage is against God’s principles. Additionally, the passing this act led to conflict between the federal legislation and various departments including state legislation. For instance, the Debarment of Justice argues that discrimination based on sexual orientation is not discrimination based on sex.
The Lilly Ledbetter Fair Pay Act of 2009
This act prohibits pay discrimination. Lilly Ledbetter Fair Pay Act states that each paycheck that comprises of discriminatory compensation is a distinct violation irrespective of when discriminatory practice started. The act was designed following a lawsuit by Ledbetter due to pay discrimination based on sex. Lilly Ledbetter Fair Pay Ac acknowledges the “reality of wage unfairness” and reinforces the “foundations of the principles of the Laws of American.” Individuals who challenge various practices that lead to the discrimination in compensation can benefit from the Act depending on the nature of the practice, for instance, matters related to job classification, base pay, non-competitive promotion, tenure denials among other related issues. Some of the debated issues associated with the Act include the pay gap between men and women. Research carried in 2019 revealed that there were pay gaps between males and females and the gap was wider for black as well as Hispanic women. The court challenged tried to challenge the claims based on the period within which the case was filed but activists intervened leading to the creation of a bill gives workers the rights to file a lawsuit due to pay violations.
The Employment-at-will doctrine (EAW)
The employment at-will doctrine means that a worker or an employee can leave a job when he or she wants to do so due to any reason. The doctrine also allows employers to terminate a worker due to any reason without cause or notice. The purpose of the employment-at-will doctrine is the prevention of wrongful employment and termination lawsuits between employers and employees. With this doctrine, employers and employees can work together without long term promises or contracts (Werhane & Radin, 2013). In case an employee’s finds a better opportunity anywhere else, they are free to leave and if employers want to change benefits and wages, they are free to do so. Despite having at-will revision in the employment agreement, termination could be wrongful.
Exemptions of the doctrine
- Public Policy exemption: This exemption limits an employer from dismissing employees in violation of a well-developed public policy.
- Implied contract exemption: This exemption means that a worker may anticipate fixed-term or unspecified employment according to what a supervisor has done, for instance, the employer’s statement.
- Implied agreement of fair dealing and good faith: under this exemption, an employer cannot terminate a worker in bad faith of when the termination is driven by malice.
EAW related cases
Case 1
The decision by Brenda to fire the employee was not a smart one. The possible EAW exemption applicable in this case is the implied agreement of fair dealing and good faith. In this case, Brenda acted in bad faith and out of malice since the employee was only concerned about discrimination and equality at the workplace. The employee was advocating for equal opportunities.
Case 2:
Jason’s decision to fire Alice is a smart one. Alice spent time praying during busiest working hour, an action that undeniably affects her performance at work. Jason makes the right move by seeking approval to fire Alice. However, in the case of law Alice can apply the implied agreement of fair dealing and good faith exemption.
Case 3
Brian’s decision to fire Lori can be examined from two perspectives. Lori had taken the necessary steps to seek approval from Brian for leave. If Lori followed the right procedures based on the organization’s requirements, then it would not be smart for Brian to fire Lori. However, if Lori failed to follow the necessary policy and company policy and guidelines then it would be smart for Brian to fire her since being absent from work can be regarded as absconding duties. In case of a lawsuit, Lori can use implied agreement of fair dealing and good faith or public policy exemption.
Case 4
Peter’s boss decided to fire him is not smart. Firing the Peter would mean that employer’s action would be based on the conditions of the worker and not the condition at the workplace. The employer was aware of Peter’s condition and could have taken necessary measures to ensure that the employee is protected while at work or assign the employee other responsibilities since he was willing to work. In case of a lawsuit, the implied contract exemption and implied agreement of fair dealing and good faith can be applied.
The Federal Law regarding undocumented workers
Undocumented employees are foreign-born individuals who do not reside in the US permanently. Undocumented in the US have employment-related rights regardless of immigration status. The US federal law prohibits discrimination against immigrant workers. The Civil Rights Act of 1964 (Title VII) forbids employment discrimination based on colour, race, sex, religion and nationality. The Equal Pay Act of 1963 protects undocumented workers against unfair compensation (Krieger et al, 2015). According to the Age Discrimination in Employment Act, all individuals including undocumented workers should not be discriminated based on their age. Furthermore, the American Disability Act protects all employees against discrimination based on physical condition (You, 2015). With these Acts, Undocumented workers are eligible for state compensation. Provision equal rights to all employees and embracing diversity is key in the success of an organization and the country at large because individuals are allowed to share their experiences and use their knowledge and expertise for the betterment of the society.
References
You, W. (2015). Does Patriarchy Still Exist? An Examination of Equal Employment Opportunities in the United States.
Krieger, L. H., Best, R. K., & Edelman, L. B. (2015). When “best practices” win, employees lose: symbolic compliance and judicial inference in federal equal employment opportunity cases. Law & Social Inquiry, 40(4), 843-879.
Werhane, P. H., & Radin, T. J. (2013). Employment at Will. International Encyclopedia of Ethics.
