Employment Law Compliance Memo

Atwood and Allen Consulting
Memo
To:
Traci Goldeman
From:
Robyn Bell cc: Bradley Stonefield
Date:

Re:
Employment Law Compliance Plan

In researching employment law compliance for Bradley’s limousine company there a four basic laws he would need to cover. I will discuss these four laws in more details throughout this memo. I will give a summary of each law and consequences of noncompliance for each.
First I would like to discuss employment discrimination. According to the Civil Rights Act of 1964 prohibits employers from discriminating based on race, color, religion, sex, and national origin (EEOC, 2014). For example, a person age 55 could receive offensive remarks about their age. There was a lady who worked for Federal Express she was
in her mid 50’s to 60’s. She had been with the company for over 20 years. Employees would tease her and tell she was too old to do the job. Another example an older gentlemen he sometimes used a cane, but a lot of people assume he could not do his job because he had problems with his legs, and he was close to 70. Those two examples are considered age discrimination. The Age Discrimination in employment Act does not protect applicants or employees who are younger than 40 years of age (Welte, 2014). If the company is not in compliance with this law it could lead to an investigation with the EEOC if someone files a complaint. The complaint if founded could result in a lawsuit. Some larger companies may decide to settle outside of court to keep it out of the media.
Second, I would like to address Titles I and V Disabilities Act of 1990. This law prohibits employers from discriminating against people with disabilities (EEOC, 2014). All business should accommodate people with disabilities even when they are applying for employment. An example say you call someone for an interview. At closing of the interview, they tell you they will need accommodations because they are in a wheelchair. If your company does not have a ramp and steps only leading to the door you, are not providing them with accommodation. You are supposed to make reasonable accommodations. Another example is Bradgon vs. Abbot where it was founded the individual was covered by ADA for being HIV positive. Brief history of the case, Mrs. Bradgon disclosed to her dentist she was HIV positive. Well, she a cavity and need a filling. The doctor was not against doing the procedure, but refused to do it in his office. He said he would only perform the procedure at the local hospital. Of course doing a procedure at the hospital would dramatically increase the cost. He didn’t want to perform the procedure at his office since she was HIV positive (Bradgon, 1998). This is something to keep in mind when planning for your business. Noncompliance of this law could result in a lawsuit. Also, there would be an investigation with the EEOC.
Third, I am addressing The Equal Pay Act of 1963 and Texas Minimum Wage Act.
The Equal Pay Act prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions (EEOC, 2014). An example, many years ago men were paid more than women. In most jobs today, it may not be publically know if companies are still doing this. Majority of the companies are paying equally for men and women. The Texas Minimum Wage Act requires most employer to pay their employees at least $7.25 which is the federal minimum wage. The Texas Minimum Wage Act requires employers to give earning statements; establishes minimum wage for non-exempt employees; and provide civil remedies for its violations. Most people who are not paid minimum are waitress/waiter they are paid a minimum rate along with
tips.
Fourth, a major area of concern is sexual harassment.
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature (EEOC, 2014). For example, when men in the workplace may constantly call women out their name. A woman may take offense to it even if it is not directed to her in general. In this instance, it could be considered as a hostile work environment.
In closing, not being in compliance with these laws can cause major problems for your business, such as shutting you down. Breaking these laws could cost the company financially. Getting complaints to the EEOC could put your company under the microscope, and they may decide to put your company through an investigation process which could take months or years. You would want to avoid any type of lawsuits and negative publicity within your first 5 years of operations. In the best interest of a company that will excel, please follow the laws willing and
accordingly.

References
Bragdon v. Abbott -- Supreme Court Decision Addresses Application of Americans with
Disabilities Act to Individuals with HIV . (1988). Retrieved from https://www.law.uh.edu/healthlaw/perspectives/Disabilities/980626Bragdon.html Laws Enforced by EEOC. (n.d.). U.S. Equal Employment Opportunity Commission. Retrieved from http://www.eeoc.gov/laws/
Texas Minimum Wage Law. Texas Workforce Commission. Retrieved from http://www.twc.state.tx.us/ui/lablaw/texas-minimum-wage-law.html Welte, J. Examples of Discrimination in the Workplace. Globalpost. Retrieved from
http://everydaylife.globalpost.com/examples-discrimination-workplace-2751.html