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Week 1 Quickwrite Legal Aspects of HRM SHendrix

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Week 1 Case Quickwrite
Sheri LG Hendrix
Human Resources Management
HRM: 400 Legal Aspects of HRM
Dr. Rebecca Booth
September 4, 2022
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Week 1 Case Quickwrite
1. What terms were the most important concepts of this week’s lesson? Be sure to define
any important terms in your own words.
The Civil Rights Act of 1964 is probably the most important concept I learned about
this week. Prior to this material I only had a vague idea of what the Act was about.
Now I have a much better understanding of what it was, what it stood for, and what
its purpose was. The Civil Rights Act ended segregation in public places and banned
employment discrimination based on race, color, religion, sex or national origin. Title
VII was a main component of the Civil Rights Act. In addition to making it illegal to
discriminate based on the categories above, it developed the EEOC that could
represent employees filing claims for discrimination. It also made it illegal to use
Federal Funds on any type of discriminatory programs. It gave the Department of
Education, then called the Office of Education, the authority to help with school
desegregation. Finally it prohibited the unequal treatment of voting requirements
among the protected groups. There were many changes and amendments to the Act
along the way that related to employment and human resources.

1964 – EEOC Created

1972 – The EEOC can file civil suit in Federal court and represent a person
claiming a violation of the Act.

1991 – It allowed compensatory recovery and punitive damages up to
$300,000. Punitive was allowed only when the employer is guilty of
intentional discrimination. The state and federal government developed anti-
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discrimination laws. However, suit cannot be brought in both state and federal
court at the same time. One has to concede until the other claim is settled.
2. What was your muddiest point?
I do not understand what would qualify as a Bona Fide Occupational Qualification or
BOFQ, allowing some discriminatory practices. I can’t think of anything that would
make it ok to discriminate in employment in any way. I would like an example so
maybe I can understand this better.
3. What would you like to know more about from this lesson and why?
I would like to know more about the difference between discriminatory treatment and
discriminatory impact. These are two rather important issues that I think an HRM
employee should completely understand to stay in compliance and make sure
discrimination is removed from the workplace.
4. How does this lesson relate to something you have already learned outside of this
class?
I don’t know if it was necessarily related to something I learned, but it relates to
something I experienced. Years ago, I held an executive position at a major trucking
department. I had some shoulder injuries and ended up becoming addicted to opiates.
Prior to this incident I had a stellar work performance history with this company with
nothing but good things in my record. I decided to go to rehab on my own before it
affected my personal and professional life. In addition to my HR representative, and
under know obligation, but out of respect, I told my direct supervisor. Once my
outpatient treatment was complete and my schedule returned to normal, he began
treating me unfairly. He set up impossible deadlines and triple. d my work after
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discharging the only other employee I had to help me for a company of well over
2,000 trucks and 3,000 or more drivers and 4,000 vendors I had to deal with. He
created such a hostile work environment that I resigned after 13 years of employment.
I considered filing a claim, but I thought the owner of the company would be held
liable for my supervisor’s behavior and I did not want that to happen. I wonder
though if this would have been protected under the anti-discrimination laws?
5. Why do you think you were required to learn this content?
I think its pretty obvious we had to learn this material because it has to do with laws
related to discrimination and fairness in the workplace. Understanding this content
will help understand the history of discriminatory treatment and how current
legislation affects HRM. HR Professionals need to have at least a basic understanding
of the Civil Rights Act to actively eliminate discrimination in the workplace.
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References
Editorial, I. (-1, November 30). Human Resources Management and the law - encyclopedia business terms. Inc.com. Retrieved September 3, 2022, from
https://www.inc.com/encyclopedia/human-resources-management-and-the-law.html
webmaster, O. R. D. P. (2009). Social Security. Course: Applying Common Law Control Test
for Employer/Employee Relationships. Retrieved September 3, 2022, from
https://www.ssa.gov/section218training/advanced_course_10.htm
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