Employment Law Compliance Plan Dannielle Dunagan HRM/531 August 10, 2015 Patrick Stapleton Atwood and Allen Consulting In this memo I will be providing employment law compliance plan for Marylee Luther, a human resources director who is preparing Clapton Commercial Construction for an expansion. Clapton Commercial Construction is currently located in Michigan with 650 employees and looking to expand to Arizona with an employee growth of 20% in the new location. This memo will provide a complete description about the employment laws and how they are applicable to Clapton Commercial Construction expansion. I will also briefly discuss the possible penalties and consequences for non-compliance with these laws. There are five laws in particular that I believe to be most applicable to Clapton Commercial Construction which I will be address in this memo. The five laws are: • Americans with Disabilities Act …show more content…
The disability can range from any form of walking, talking, seeing, hearing, and learning. This law also extends to persons diagnosed with HIV or AIDS as well any person who has completed drug and alcohol rehabilitation. This law was enacted to protect people with disabilities and provide them with employment opportunities. All organizations within in United State of America must provide these disabled employees with various accommodations such as elevators, access lamps, and telephones with hearing impaired equipment. If an organization does not comply with this law they maybe subject to civil penalties such as $55,000 for the first violation or $110,000 for each subsequent violation. If cited for major noncompliance the organization could cause warranty compulsory and punitive damages (United State Department of Labor,
The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for
The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADA's ban against disability discrimination applies to both private and public employers in the United States.
“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity
A medical office needs to be compliant with employment laws; this will ensure they do not have lawsuits that could patiently put a company out of business. This also helps the offices run smoothly and free from errors. There are several employment laws a few of them are the American with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA) and the Health Insurance Portability and Accountability Act (HIPAA). The American with Disabilities (ADA) is when an employer is to provide reasonable accommodation to an employee with a known mental or physical limitation, or a qualified individual with a
Thank you for bringing the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below.
According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.
People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,
Team B members proposed employment law compliance plans for Clapton Commercial Construction and Landslide Limousines. Clapton Commercial Construction, a Detroit-based medium business, is planning to expand into Arizona. Landslide Limousines, a small company of 25 employees, has plans to start operations in Austin, Texas. Prior to opening for business or expanding to another state, these companies must develop a compliance plan that conforms to national and state labor laws. Concerns to be addressed for both companies include: suitable wages, equal opportunity employment, employee verification, safe work environments, and harassment.
One of the current social policies in place that protect the rights of the Deaf and hearing impaired is the Americans with Disabilities Act. (The Americans with Disabilities Act, 1990 ) The ADA is a body of laws and policies that bans discrimination against those with disabilities. This includes the deaf and hearing impaired population. The ADA has four sections that cover: employment, public accommodations, government and telecommunications. In order to be compliant with the ADA, employers are compelled to inquire about the types of accommodation needs the deaf employee has so that they may work alongside others with the least amount of distractions or interruptions.
When the law was signed, new doors opened for the deaf and hard of hearing culture for a better opportunity in gaining equal rights. President Bush appointed four titles to protect deaf and hard of hearing people. In “The ADA and Deaf Culture” by Tucker, B. Title I, prohibits both public and private employers from refusing to hire or promote an individual because of his or her impairment and requires employers to provide reasonable accommodations for applicants or employees who are deaf or hard of hearing (Tucker 28). If a deaf or hard of hearing employee can pass the essential part of the job qualification, he or she is protected by the ADA to be hired. Also, the ADA prohibits employers to discriminate disabled people in means of recruitment, job applications procedures, pay rates, and promotions. The second title, Title II, “Requires all state and local government agencies to make all of their services accessible to individuals with disability” (NAD 22). This ensures people with disability to be able to participate in services, programs, and activities who can meet the essential eligibility requirements. Such places that must make these accommodations are schools, libraries, police and fire department, public hospitals, jails and prisons, motor vehicle departments, parks and
This memo will examine employment laws as well as how these laws are applied. I will also examine the penalties of noncompliance of the different laws. There are diverse employment laws an organization must follow to stay in compliance. If these laws are not followed by the organization,
It is expected that the ruling will operate to permit disabled individuals expanded opportunities within healthcare fields. This ruling is important to employers, especially those in healthcare, who must be aware of their duties to provide reasonable accommodations to employees where there is no significant safety risk. That a disabled individual is working within the healthcare industry is insufficient in and of itself to demonstrate a safety risk, as are obscure and unlikely risks that may be articulated by an employer. Thus, employers must be sure to provide the reasonable accommodation unless they can demonstrate an actual significant safety risk, or risk liability for failing to do so.
This memorandum is in response to the request sent to Allen and woods consultancy company from Bradley Stonefield the founder of Landslide Limousines in Austin, Texas. The company is expected to employ around 25 employees during the first year of service. The memorandum will list different employment laws that apply locally, state wise and on federal level. These laws should be applied when hiring and employing employees in order to prevent any misconduct leading to lawsuits. The memorandum will incorporate the fines and penalties that are applied when violating employment laws. Landslide Limousines must adhere to all federal laws at all time.
Per your request, I have formulated an employment law compliance plan for a Mr. Galvan. Mr. Galvan is a Human Resources Representative for Bollman Hotels and the hotel chain is currently located in Minneapolis, Minnesota with hopes to expand into the international market, starting off with India. The hotel chain currently employs 25,000 employees and they plan to increase the workforce by 25% in their new location. The purpose of this memorandum is to provide a
Under Title I of the Americans with Disabilities Act, employers with fifteen or more employees are prohibited from discriminating against people with disabilities. Furthermore, the employment provisions of the Act require that employers provide equal opportunity in selecting, testing, and hiring qualified applicants with disabilities, job accommodations for applicants and workers with disabilities when such would not impose due hardship, and equal opportunity in promotion and benefits. (United States Department of Labor). If an employer is found liable for such discrimination, the fines can be extremely high. Therefore, it is important to know the definition of disability as determined by the ADA. A disability is a physical or mental impairment that essentially limits one or more of the major life activities of an individual, a record of having such impairment, or being regarded as having such impairment (Bennett-Alexander and Hartman) and the individual should be able to prove such factors to establish a prima facie case in court. Despite of these definitions, a disability is determined based on the effect the impairment