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BELOW are all the comments made by the instructor that needs to be made to my existing powerpoint presentation…Please makethe changes SUPERB!SLIDE 2:why is employment law defined as a “fragmented work in process”? by whom? you should include your reference right on the slideYou have good points here but they are disjointed – this is supposed to be your cover/agenda slidewhere is the agenda for this presentation? Best way to start is to read the assignment instructions, develop an outline, conduct your research then develop your slidesSLIDE 5:what made you put this information on the slide – for example why include “employees require compensation?
You should examine the key employment laws and then pick out what are the important legal issues you feel all employees need to be aware ofwhat law gives employees the last right you discuss here? Are you sure?SLIDE 6:I really don’t see what the value of this slide is to an employee? Put yourself in the place of a new employee at your organization. what laws do they need to be aware of based upon your assingment instructions? You do not identify any law on this slide.SLIDE 7:same issue here – you do not discuss what specific employment laws cover which of these sentences. Why are each of these sentences important to a new employee? Are they?SLIDE 9:too many slides on employee/employer relationship -should only be 1 or 2 and should include whatever federal laws govern this relationshipSLIDE 10:I believe the term should be “types of employee discrimination – a concept is a theory or apporachneed some more specifics here – good to give examples but what part of what law (Title VII; ADA., PDCA etc are you talking about on this slide?SLIDE 11:good list of types of discrimination – what is the federal law(s) that govern this?SLIDE 13:please read this sentence out loud. Does it make sense to you? You should be directing all your presentation to employees (no clients)
employmentlaw__1_.pptx

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Management Team Briefing on
Employment Laws
Neosha R Fuller
Professor David Fountaine
Business Employment Law HRM 510
April 21, 2019
Overview of Employment Law

Employment law is defined as a
fragmented work in progress.

The sources of employment law are
common law, statutes, Regulations,
Guidelines, and Administrative
Decision, constitutions, and executives
order (Bennett-Alexander, & Hartman,
2015).

“Employment at Will” doctrine is the
initial point for every analysis of U.S.
employment law.

The best HR managers are proactive.
Overview of Employment Law
The substantive rights under employment
law are the following:
 Freedom in Engaging in Concerted
Activity along with Collective
Bargaining.
 The protection of Fundamental
Rights.
 The terms and Conditions of
Employment Meeting Minimum
Standards.
 Nondiscrimination along with Equal
Employment Opportunity
Commission
 Compensation for Certain Types of
Harm.
Defining Employer vs. Employee
Relationship

An employer is defined as an entity, organization, agency, professional service
provider, small businessman company, or an individual who acquires the service of
another person referred to as the employee.

An employer is suppose to compensate an employee in exchange of his services.

Employers determine the working conditions of an employee as to where and who
to work with at what time.

Employers do set the standards by which the work or services they want will be
performed.

Employers are also required by law to fulfil certain conditions as paying their
employee, paying taxes, and filling their returns.

Employers have the decision to hire person in terms of contractual basis or in full
time basis.
Employees

Employee is defined as a person hired by an employer for the sole purpose for
performing certain works in a manner that the employer.

An employee enters into an agreement with an employer to provide certain
services or work needed by the employer.

Employees require compensation.

Employees need a conducive working environment to preform to the standards
of the organization.

An employee has his rights that are required to be taken into consideration
such as inabilities, right to be heard, and right to be represented in any form of
dispute.
Employment Relationships

The employment relationship is defined
as the legal link between employers
along with employees.

It usually exists when an individual
carry out work or services under
convinced conditions in return for
remuneration (Wilkinson,2013).

In employment relationship, the rights
as well as obligations are build between
the employee and the employer.
The Employee Employer Relationship

In employment relationships, an employee must be permitted the liberty to
communicate freely.

Employees work for the organization as well they aren’t independent
contractors (Wilkinson,2013).

The employer usually rely upon the employee to carry out his/ her job thus
enabling the business to run smoothly.

Besides introduction of a new member to an organization, it also means
addition of a new work force in the organization.

In addition to just adding a new member to the organization, it is a start of new
relationship between the employer and the employee.

When there is a stronger relationship bond between the employer and the
employees, then it means satisfaction of the employees and thus more
productivity.
Employment Relationships

The existence of an employment
relationship establish the application of
the labor as well as social security law
provisions that are addressed to the
employees.

Employees along with employers are
usually interdependent on each other
and give the best results to their
organization.

The relationship between an employee
along with an employer is supposed to
be mutual as well as respectful.
The Employee Employer Relationship
To keep the relationship of an employee and the employer in shape, it calls for
mindfulness of the relationship through…

Maintaining a balance in the interrelationship

Creating a relationship of interdependence

Focusing on social approach

Giving employees the liberty to communicate.
Concepts of Employee Discrimination

An employee discrimination occurs when either an employee or an applicant gets
biased treatment as a result of their race, color, religion, nationality, age, etc..

Employee discrimination happens in cases like: discriminating against
breastfeeding in work place.

It can happen through trying to suggest who is the preferred candidate in a job
placement.

It can happen by denial of some employees some benefits while awarding others.

Discrimination can also happen when issuing or promoting employees’; it can
happen in a case where two employees of the same rank are paid different salaries.
Types of Discrimination

Sexual Preference: Physical attraction to a certain sex or the same sex

Gender: Male or Female (sex)

Religion: Spiritual belief or non belief

Disability Status: With or without accommodations to do a certain job

Veteran Status: Military

Race: Where one is discriminated according to their race in work place.

Age: Where an employees age is used to deny her or him certain employee benefits.

Color: Where an employee suffers discrimination in an organization just because of their color. Like being
alienated by others terming themselves as superior races.
Forms of Discrimination

Direct discrimination refers treating someone
with a protected characteristic less favorably
than others.

Victimization refers to treating someone
unfairly since they have complained about
harassment (Lindemann, Grossman & Weirich,
2015).

Indirect discrimination refers to putting rules
applying to everyone, although putting
someone with a protected characteristic at an
unfair injustice.

Harassment refers to unwanted behavior
connected to a protected characteristic violating
someone’s dignity.

Associative discrimination refers to the direct
discrimination against a person since they are
connected with person possessing a protected
characteristic (Lindemann, Grossman &
Weirich, 2015).

Discrimination by perception refers to the
discrimination against a person since others
believe they are possessing a certain protected
characteristic.
Concepts of Employee Discrimination

In the concepts of discrimination if any one suspects the action of discriminating he or she is liable
to conduct the Equal Employment Opportunity Commission to know if she or he can file a charge.


If a client notices any discrimination in the workplace, they are supposed to fill out the
discrimination claim form to the EEOC.

The claim should be filled with 180 days; after that an investigation kicks in.

Incase the investigation team finds out the case of discrimination occurred then they start a process
of working the two parties to come into settlement.

If that fails, then the EEOC will file a law suit for the benefit of the employee.

Numerous employment discrimination cases are usually federal cases (Lindemann, Grossman &
Weirich, 2015).

This means the cases are filed in federal courts using federal laws.

The federal law that is utilized in prohibiting employment discrimination is Title VII of the Civil
Rights Act of 1964.
Retaliation

Retaliation usually happens when an
employer punishes an employee for
practicing in legally protected activity.

Retaliation includes any negative job
action like salary reduction, demotion
or firing (Skarlicki& Folger,2014).

Retaliation is regularly alleged basis of
discrimination in the federal sector.

Retaliation is also the most common
discrimination finding usually in
federal sector cases.
Retaliation is Never Allowed

Retaliation is greatly prohibited in cases where an employee complains to the EEOC
body about such cases as discrimination or harassment.

This spirit must be held by the company even if the claims are unfound after the
investigation.

The federal human resource law also protect the employees who act as a witness in the
EEOC case from being harassed or retaliated.
It is very unlawful to retaliate against employees for:

Communicating with a manager regarding employment discrimination.

Not following orders resulting in discrimination.

Defying sexual advances.

Requesting accommodation for a religious practice (Skarlicki & Folger, 2014).
What to do if you suspect Retaliation

The first step to take after realizing that your employer is retaliating on
you is to talk to your supervisor/manager or the next in the chain of
command.

This will help establish if the reason for a certain action against you is
genuine or just because of a complaint you made.

If then the supervisor can’t provide a concrete answer, it is advisable
that you voice out your concern with the Human Resource Department.
References:

Cohn, S. (2000). Race and gender discrimination at work. Boulder, CO: Westview Press.

Kelly, E., & Dobbin, F. (1999). Civil rights law at work: Sex discrimination and the rise of maternity
leave policies. American Journal of Sociology, 105(2), 455-92.

Badgett, M. V., Lau, H., Sears, B., & Ho, D. (2007). Bias in the workplace: Consistent evidence of sexual
orientation and gender identity discrimination.

Deakin, S. F., Morris, G. S., & Morris, G. S. (2005). Labour law (Vol. 6). Oxford: Hart publishing.

Stone, K. V. W. (2006). Legal protections for atypical employees: Employment law for workers without
workplaces and employees without employers. Berkeley J. Emp. & Lab. L., 27, 251.

Linder, M. (1989). The Employment Relationship in Anglo-American Law: A Historical Perspective.

Bennett-Alexander, D., & Hartman, L. P. (2015). Employment law for business (pp. 8-10). Chicago, IL:
Irwin.

Wilkinson, A. (2013). Employment relations in SMEs. Employee relations, 21(3), 206-217.

Lindemann, B., Grossman, P., & Weirich, C. G. (2015). Employment discrimination law. American Bar
Association, Section of Labor and Employment Law.

Skarlicki, D. P., & Folger, R. (2014). Retaliation in the workplace: The roles of distributive, procedural,
and interactional justice. Journal of applied Psychology, 82(3), 434.

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