Hcs 430 Health And Safety Research Paper
Building sections of the Nondiscrimination and Health and Safety Handbook
Takesha Williams, Naire Banks, Natalasha Rutledge, Sheliah Gordon, Shonneill Caleb
HCS/430
January 6, 2014
Dr. Thomas Wilson
Abstract
Equal opportunity laws are in place to protect applicants from discrimination. Employers must follow the state and federal laws or they are subject to violations and even costly lawsuits. Different laws protect certain groups of people; the pregnancy law is addressed in detail. Much of the information provided is in regard to nondiscrimination and health and safety in the workplace, and if discrimination is present how the employer will address the issues. The organizations address the ethical consideration involved in the design of …show more content…
both sections along with how the relationship to criminal laws, equal employment opportunity laws, and health and safety laws affect the employer.
Building sections of the Nondiscrimination and Health and Safety Handbook
As an equal opportunity employer, it is required that equal opportunity laws are followed in order protect the company and the employees. Discrimination is prohibited by the laws enforced by U.S. Equal Employment Opportunity Commission include Age, pregnancy, disability, race, religion, retaliation, national origin and more. There are many laws in place to protect both employer and employee and violating these laws can translate into discrimination. As an employer, it is your duty to be non-discriminatory and ensure that the workplace is a safe and healthy environment for all. The employee handbook that is given to our employee 's addresses non-discrimination, the organization position in response to nondiscrimination issues. The handbook also discusses how nondiscrimination policy and health and safety laws impact the organization’s liability, and the employees. Along with how state and federal laws regarding nondiscrimination and health and safety laws will be addressed, while providing insight on the ethical consideration involved in the design of these sections. Lastly, the employer will address the criminal law issues to consider in relationship to equal opportunity laws and health and safety, along with our responsibility in regard to criminal law.
Non-Discrimination
Many employers have a nondiscrimination policy implemented that address issues relating to discrimination of age, disability, compensation, sexual harassment, pregnancy, and retaliation. Religious discrimination such as, genetic information, national origin, race/color, religion, and sex can be an issue for several companies. According to Texas Department of State Health Services, “Written procedures for handling discrimination complaints, procedures for notifying HHSC Civil Rights Office Administrative Policy on Nondiscrimination in Programs and Services (Texas Department of State Health Services, 2014).” For example, Sarah works for company XYZ; she is six months pregnancy and is diagnosed with Preeclampsia. Company XYZ would have abode by the Pregnancy Discrimination Act (PDA).
Organization’s Position
In the situation involving Sarah, “The Pregnancy Discrimination Act (PDA) forbids discrimination based on the pregnancy, such as leave and health insurance, and any other term or condition of employment (U.S.
Equal Employment Opportunity Commission, 2014).” Employment opportunity laws, frequently reviews the conditions of employment involving promotions, compensation, and termination. The policy is commonly located in the “Code of Conduct” section of the employee handbook Sarah is unable to perform her job due to preeclampsia. Because preeclampsia is a condition categorized by pregnancy- induced hypertension and protein in the urine, this disability is under the Americans with Disabilities Act (ADA). The company would have to treat this nondiscrimination issues with Sarah the same way they would treat any other temporarily disabled …show more content…
employee. Health and Safety laws Health and safety laws in the employee handbook identify the protection of the mother and the unborn child. It is illegal for anyone in the company to harass Sarah because of her pregnancy complications. The company needs to provide information on Family and Medical Leave Act (FMLA). For example, her supervisor would have to offer modifications that will enable her to perform her job. If Sarah need accommodations to her schedule or is absent due to disability related to the pregnancy. “An employer may not single out pregnancy-related conditions for special procedures to determine an employee 's ability to work (U.S. Equal Employment Opportunity Commission, 2014).” Sarah would need to understand that the Occupational Safety and Health Act of 1970 (OSHA) requires company XYZ shall supply the place of work free from hazards and abide by OSHA standards. However, employer requirement like employees submitting a doctor 's statement concerning their ability to work, such as pregnancy-related conditions to submit such statements from the physician. It is within the legal right of the employer before granting leave or paying sick benefits (U.S. Equal Employment Opportunity Commission, 2014).
Nondiscrimination Policy impact
“High-status discrimination settlements have cost big corporations hundreds of millions of dollars. Whereas undersized business is not likely to be required to give an amount that excessive, discrimination can still have a significant impact on the result. The monetary effects of prejudice go way further than cash liabilities. The shock on the inner workforce production, your ability to keep and hire staff, and your discernment among patrons can all be harmfully affected by these types of discriminatory practices (Benjamin, 2015, pp. 1-3 paragraph).” This also affects the employees in many ways, but one of the biggest effects towards employees in the workplace is the poor working environment it causes. With the workplace being a multicultural environment, tends to demoralize a significant amount of workers as well as the victim. This type of behavior brings about a culture of mistrust, suspicious, and resentment among the workers/employees. This kind of behavior leads to the spread of a negative vibe, and a harmful relationship within teamwork as well as putting a damper on productivity.
Health and safety laws impact
“The primary law governing workplace safety is administered by the Occupational Safety and Health Administration (OSHA) (US Legal, 2001-2015)." “Workplace safety regarding the functioning setting at a company and all factors that impact the safety, health, and well-being of employees, Workplace protection is monitored at the nationalized level by the Occupational Safety and Health Administration (OSHA) (US Legal, 2001-2015).” OSHA uses three major goals which are as follows:” To develop the safety and health of all workers, by fewer hazards, reduced exposures, and fewer injuries, illnesses, and fatalities; the next goal is to change workplace culture to increase employer and worker awareness of, commitment to, and involvement in safety and health; lastly, to secure public assurance through excellence in the progress and relief of OSHA 's programs and services (US Legal, 2001-2015)”. According to Legal Resources,” charges of workplace discrimination and harassment can have costly litigation and/or huge payments. As internal counsel, mitigating this risk is a primary concern. Taking into reflection the applicable statutes and case law, a properly formed anti-discrimination and harassment policy can brutally limit an employer’s liability (Quinn,E., Association of Corporate Counsel, 1998-2015).”
State and federal laws impact on nondiscrimination, Health and Safety laws As an employer, it is our responsibility to be familiar with local employment, state, and federal laws regarding nondiscrimination and health and safety and to be in compliance with them. Because these laws are constantly changing, we would select a committee to review these laws continuously and keep our facility and leader’s current with what is in compliance. To assure that we understand exactly what these laws mean, we would also hire an employment attorney for advice. This would also give us the opportunity to seek professional advice on any laws that our organization would like to revise or eliminate while keeping our facility in compliance. In the handbook, should include a disclaimer to reserve the right to change the contents as needed because these laws are constantly changing. We would also include a non-disclosure agreement and conflict of interest statement to protect our organizations information, along with a receipt to verify that each employee has received the information. “All programs must comply with all applicable provisions of state and federal laws and Regulations pertaining to nondiscrimination, sexual harassment, and equal employment." Within the handbook, we would post some of the laws that are of greater importance that would include the equal employment and non-discrimination policies, sexual harassment, and workers compensation policies. Other policies that would be included would be policies of military leave, policies on breast feeding accommodations, crime victims leave policies and accommodation of disabilities. Required by EEOC, we would also post notices advising employees of their rights under the law and their rights to be free from retaliation. The employee handbook will be accessible, as needed, to persons with visual or other disabilities that affect reading.
Ethical considerations and the design of these sections
Some ethical considerations involved in the design of our facility employee handbook would entail that all employees no matter what level of position is currently being held, are entitled to the benefits and eligible to participate in the disability leave. In addition, the employer will not be able to discriminate based on the number of children the employee currently has or any previous pregnancies.
What are some criminal law issues to consider in relationship to equal employment opportunity laws and health and safety laws? What is your responsibility in regards to criminal law?
State and federal legislature mandated Equal opportunity employment to assure nondiscrimination to all people of employment; in terms of age, race, and gender. The Civil Rights Act made it possible for equality in the workplace and all employees in the United Sates are expected to observe such laws. The laws implemented are to protect employees from judgment based upon the above-stated dynamics and in addition, allows the employee the right to file formal complaints of discrimination during any time of their employment. Because most people would not file complaints fearing retaliation that could include; unwanted assignments, ridicule and even termination, The Protection from retaliation act was implemented. Without the protection from retaliation, the equal opportunity employment act was deemed ineffective.
These acts further strengthen the laws firm penalties that were implemented within the legislature which allowed for legal actions to be taken when an employer is in violation the law. Once the employer is in violation, the foundation of legal action would be litigation; In addition, a civil lawsuit can be filed when their equal opportunity rights have been violated. Once an employer is in violation of these laws, the employer is given a chance to resolve the charges filed against them. Successfully resolving the case through one of these voluntary processes may save the organization time and money. Some methods of resolution include mediation, settlement and conciliation and when these processes have been proven unsuccessful, the complainant has the legal right file a lawsuit against the employer. Lawsuits can become very costly and time-consuming to either party involved. Best practice for the organization is to always be aware of the continuous changes of the law and to keep all employees abreast of the latest updates when it come to the rights of the employer as well as the employee.
Conclusion
Violating the equal employment opportunity laws can cause employers money and ruin the reputation on the company. Employers must remain nondiscriminatory and have health and safety laws in place to reduce the organization 's liability. Organizations like EEOC and OSHA monitor employers to ensure compliance of laws and regulations are being followed. The organization has a duty to inform employees of the standards of which they are to abide under EEOC and OSHA. Ensuring that your organization stays abreast of the current laws and regulations can protect organization in a great way.
References
Benjamin, T. (2015, Month Day). The ways discrimination negatively affects businesses. The Houston Chronicle,pp. 1-3 paragraph.
Quinn,E., Association of Corporate Counsel. (1998-2015). LEGAL RESOURCES. Retrieved from: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDYQFjAD&u=http%3A%2F%2Fwww.acc.com%2Flegalresources%2Fquickcounsel%2Fpdahitw.cfm&ei=XbipVPipK4jlgwSX4YHICQ&usg=AFQjCNGT_cHKE_Ni_xUZm
US Legal. (2001-2015). Workplace safety law and legal definition. Retrieved from http://definitions.uslegal.com/w/workplace-safety/
Plagerism checker:
Takesha Williams, Naire Banks, Natalasha Rutledge, Sheliah Gordon, Shonneill Caleb
HCS/430
January 6, 2014
Dr. Thomas Wilson
Abstract
Equal opportunity laws are in place to protect applicants from discrimination. Employers must follow the state and federal laws or they are subject to violations and even costly lawsuits. Different laws protect certain groups of people; the pregnancy law is addressed in detail. Much of the information provided is in regard to nondiscrimination and health and safety in the workplace, and if discrimination is present how the employer will address the issues. The organizations address the ethical consideration involved in the design of …show more content…
both sections along with how the relationship to criminal laws, equal employment opportunity laws, and health and safety laws affect the employer.
Building sections of the Nondiscrimination and Health and Safety Handbook
As an equal opportunity employer, it is required that equal opportunity laws are followed in order protect the company and the employees. Discrimination is prohibited by the laws enforced by U.S. Equal Employment Opportunity Commission include Age, pregnancy, disability, race, religion, retaliation, national origin and more. There are many laws in place to protect both employer and employee and violating these laws can translate into discrimination. As an employer, it is your duty to be non-discriminatory and ensure that the workplace is a safe and healthy environment for all. The employee handbook that is given to our employee 's addresses non-discrimination, the organization position in response to nondiscrimination issues. The handbook also discusses how nondiscrimination policy and health and safety laws impact the organization’s liability, and the employees. Along with how state and federal laws regarding nondiscrimination and health and safety laws will be addressed, while providing insight on the ethical consideration involved in the design of these sections. Lastly, the employer will address the criminal law issues to consider in relationship to equal opportunity laws and health and safety, along with our responsibility in regard to criminal law.
Non-Discrimination
Many employers have a nondiscrimination policy implemented that address issues relating to discrimination of age, disability, compensation, sexual harassment, pregnancy, and retaliation. Religious discrimination such as, genetic information, national origin, race/color, religion, and sex can be an issue for several companies. According to Texas Department of State Health Services, “Written procedures for handling discrimination complaints, procedures for notifying HHSC Civil Rights Office Administrative Policy on Nondiscrimination in Programs and Services (Texas Department of State Health Services, 2014).” For example, Sarah works for company XYZ; she is six months pregnancy and is diagnosed with Preeclampsia. Company XYZ would have abode by the Pregnancy Discrimination Act (PDA).
Organization’s Position
In the situation involving Sarah, “The Pregnancy Discrimination Act (PDA) forbids discrimination based on the pregnancy, such as leave and health insurance, and any other term or condition of employment (U.S.
Equal Employment Opportunity Commission, 2014).” Employment opportunity laws, frequently reviews the conditions of employment involving promotions, compensation, and termination. The policy is commonly located in the “Code of Conduct” section of the employee handbook Sarah is unable to perform her job due to preeclampsia. Because preeclampsia is a condition categorized by pregnancy- induced hypertension and protein in the urine, this disability is under the Americans with Disabilities Act (ADA). The company would have to treat this nondiscrimination issues with Sarah the same way they would treat any other temporarily disabled …show more content…
employee. Health and Safety laws Health and safety laws in the employee handbook identify the protection of the mother and the unborn child. It is illegal for anyone in the company to harass Sarah because of her pregnancy complications. The company needs to provide information on Family and Medical Leave Act (FMLA). For example, her supervisor would have to offer modifications that will enable her to perform her job. If Sarah need accommodations to her schedule or is absent due to disability related to the pregnancy. “An employer may not single out pregnancy-related conditions for special procedures to determine an employee 's ability to work (U.S. Equal Employment Opportunity Commission, 2014).” Sarah would need to understand that the Occupational Safety and Health Act of 1970 (OSHA) requires company XYZ shall supply the place of work free from hazards and abide by OSHA standards. However, employer requirement like employees submitting a doctor 's statement concerning their ability to work, such as pregnancy-related conditions to submit such statements from the physician. It is within the legal right of the employer before granting leave or paying sick benefits (U.S. Equal Employment Opportunity Commission, 2014).
Nondiscrimination Policy impact
“High-status discrimination settlements have cost big corporations hundreds of millions of dollars. Whereas undersized business is not likely to be required to give an amount that excessive, discrimination can still have a significant impact on the result. The monetary effects of prejudice go way further than cash liabilities. The shock on the inner workforce production, your ability to keep and hire staff, and your discernment among patrons can all be harmfully affected by these types of discriminatory practices (Benjamin, 2015, pp. 1-3 paragraph).” This also affects the employees in many ways, but one of the biggest effects towards employees in the workplace is the poor working environment it causes. With the workplace being a multicultural environment, tends to demoralize a significant amount of workers as well as the victim. This type of behavior brings about a culture of mistrust, suspicious, and resentment among the workers/employees. This kind of behavior leads to the spread of a negative vibe, and a harmful relationship within teamwork as well as putting a damper on productivity.
Health and safety laws impact
“The primary law governing workplace safety is administered by the Occupational Safety and Health Administration (OSHA) (US Legal, 2001-2015)." “Workplace safety regarding the functioning setting at a company and all factors that impact the safety, health, and well-being of employees, Workplace protection is monitored at the nationalized level by the Occupational Safety and Health Administration (OSHA) (US Legal, 2001-2015).” OSHA uses three major goals which are as follows:” To develop the safety and health of all workers, by fewer hazards, reduced exposures, and fewer injuries, illnesses, and fatalities; the next goal is to change workplace culture to increase employer and worker awareness of, commitment to, and involvement in safety and health; lastly, to secure public assurance through excellence in the progress and relief of OSHA 's programs and services (US Legal, 2001-2015)”. According to Legal Resources,” charges of workplace discrimination and harassment can have costly litigation and/or huge payments. As internal counsel, mitigating this risk is a primary concern. Taking into reflection the applicable statutes and case law, a properly formed anti-discrimination and harassment policy can brutally limit an employer’s liability (Quinn,E., Association of Corporate Counsel, 1998-2015).”
State and federal laws impact on nondiscrimination, Health and Safety laws As an employer, it is our responsibility to be familiar with local employment, state, and federal laws regarding nondiscrimination and health and safety and to be in compliance with them. Because these laws are constantly changing, we would select a committee to review these laws continuously and keep our facility and leader’s current with what is in compliance. To assure that we understand exactly what these laws mean, we would also hire an employment attorney for advice. This would also give us the opportunity to seek professional advice on any laws that our organization would like to revise or eliminate while keeping our facility in compliance. In the handbook, should include a disclaimer to reserve the right to change the contents as needed because these laws are constantly changing. We would also include a non-disclosure agreement and conflict of interest statement to protect our organizations information, along with a receipt to verify that each employee has received the information. “All programs must comply with all applicable provisions of state and federal laws and Regulations pertaining to nondiscrimination, sexual harassment, and equal employment." Within the handbook, we would post some of the laws that are of greater importance that would include the equal employment and non-discrimination policies, sexual harassment, and workers compensation policies. Other policies that would be included would be policies of military leave, policies on breast feeding accommodations, crime victims leave policies and accommodation of disabilities. Required by EEOC, we would also post notices advising employees of their rights under the law and their rights to be free from retaliation. The employee handbook will be accessible, as needed, to persons with visual or other disabilities that affect reading.
Ethical considerations and the design of these sections
Some ethical considerations involved in the design of our facility employee handbook would entail that all employees no matter what level of position is currently being held, are entitled to the benefits and eligible to participate in the disability leave. In addition, the employer will not be able to discriminate based on the number of children the employee currently has or any previous pregnancies.
What are some criminal law issues to consider in relationship to equal employment opportunity laws and health and safety laws? What is your responsibility in regards to criminal law?
State and federal legislature mandated Equal opportunity employment to assure nondiscrimination to all people of employment; in terms of age, race, and gender. The Civil Rights Act made it possible for equality in the workplace and all employees in the United Sates are expected to observe such laws. The laws implemented are to protect employees from judgment based upon the above-stated dynamics and in addition, allows the employee the right to file formal complaints of discrimination during any time of their employment. Because most people would not file complaints fearing retaliation that could include; unwanted assignments, ridicule and even termination, The Protection from retaliation act was implemented. Without the protection from retaliation, the equal opportunity employment act was deemed ineffective.
These acts further strengthen the laws firm penalties that were implemented within the legislature which allowed for legal actions to be taken when an employer is in violation the law. Once the employer is in violation, the foundation of legal action would be litigation; In addition, a civil lawsuit can be filed when their equal opportunity rights have been violated. Once an employer is in violation of these laws, the employer is given a chance to resolve the charges filed against them. Successfully resolving the case through one of these voluntary processes may save the organization time and money. Some methods of resolution include mediation, settlement and conciliation and when these processes have been proven unsuccessful, the complainant has the legal right file a lawsuit against the employer. Lawsuits can become very costly and time-consuming to either party involved. Best practice for the organization is to always be aware of the continuous changes of the law and to keep all employees abreast of the latest updates when it come to the rights of the employer as well as the employee.
Conclusion
Violating the equal employment opportunity laws can cause employers money and ruin the reputation on the company. Employers must remain nondiscriminatory and have health and safety laws in place to reduce the organization 's liability. Organizations like EEOC and OSHA monitor employers to ensure compliance of laws and regulations are being followed. The organization has a duty to inform employees of the standards of which they are to abide under EEOC and OSHA. Ensuring that your organization stays abreast of the current laws and regulations can protect organization in a great way.
References
Benjamin, T. (2015, Month Day). The ways discrimination negatively affects businesses. The Houston Chronicle,pp. 1-3 paragraph.
Quinn,E., Association of Corporate Counsel. (1998-2015). LEGAL RESOURCES. Retrieved from: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDYQFjAD&u=http%3A%2F%2Fwww.acc.com%2Flegalresources%2Fquickcounsel%2Fpdahitw.cfm&ei=XbipVPipK4jlgwSX4YHICQ&usg=AFQjCNGT_cHKE_Ni_xUZm
US Legal. (2001-2015). Workplace safety law and legal definition. Retrieved from http://definitions.uslegal.com/w/workplace-safety/
Plagerism checker: