Abstract
Table of Contents
The aim of this paper is to examine the legal environment of human resource management. Here, the paper will discuss various legal issues influencing human resource, as well as the various recommendations to counter those legal issues.In addition, the paper will explore the various rules and laws that govern human resource management including employee ethics. Specifically, the paper will explore discrimination, sexual harassment, and disability as some of the legal issues that need to be considered in human resource management.
Due to the globalized competition and the advancement of technology, most organizations are currently operating in an unpredictable environment. They need to put into consideration the legal environment of human resource management in order to undertake their operations within the scope of recommended legal standards.Indeed, human resource is a very important asset in any organization; therefore, every organization needs to manage it properly. Human resource refers human capital, work force, or talent, which normally includes the skills and knowledge that employees working in a given organization possess (Holton and Trott, 1996).Therefore, human resource management is the process that involves the attraction, selection, training, assessment, and proper management of employees in business enterprises or organizations.In addition, human resource management is wide in scope and includes other functions such as rewarding or compensating employees as well as offering leadership and mentorship programs to employees in accordance to employment and labor laws.This paper will assess and discuss the legal environment of human resource management including issues such as hiring and firing, sexual harassment, employee safety and security, and accommodation.
The Legal Environment
Human resource was born from the civil or people movements during the early years of 20th century, where scholars started to find ways off creating business worth and value via the use of strategic management of workers.Due to technological changes, environmental differences and global interactions, today’s human resource has evolved to include talent planning, work succession, labor relations and even industrial diversity (Ulrich and Brockbank, 2005).Managers need to understand the legal environment of human resources under which they operate, given that different laws and regulations have different implications to their continued operation. Indeed, this understanding and compliance to legal requirements is mandatory, since human resources are always required to perform all their duties as required by law.Generally, the HR makes decisions based on the following. Firstly, it is important to consider legal issues while hiring employees and the benefits to offer them. Secondly, the human resource must consider accommodation to be offered to employees and the procedure to follow when firing employees. Thirdly, he or she must consider whether to compensate or not, and if so, the policies and procedures to be follow.Other issues to consider include sexual harassment, disabilities, absence from work and workers safety policies. Lastly, the HR should take into consideration the importance of discrimination policy in the organization, as this tends to be a very sensitive issue in human resource management (Jonathan, 2010).There are various changes in law, which have caused human resource personnel to make poor decisions. The next part of this paper will discuss some legal environment issues in human resource, which include, discrimination, sexual harassment, hiring laws, hostile working environment, health conditions, and accommodation policies (Ulrich and Brockbank, 2005).
Discrimination
Employment discrimination may be described as the practice that involves treating some employees differently or an employee differently from others. This discrimination may be based on gender, race, religion, age, tribe, nationality, or even cases of disability. Here, the persons who face discrimination may be denied employment, promotion, or they may even be demoted without reasonable cause.Again, discrimination may occur in form of poor working conditions and even failure to accommodate employee who qualify for accommodation due to the reasons of their affiliation.This kind of discrimination is very harmful in an organization, as it tends to break down relationships due to differences and barriers created. Other forms of discrimination occur due to class status, where people are treated based on their assumed class; however, the most common discrimination practices are based on color, race, sex, religion, tribe, and nation of origin.It should be noted that, discrimination is a criminal offence (although this also depends on the country in reference) according to international labour laws. Therefore, managers should avoid discrimination in the work place with the help of the following federal employment laws applicable in the US (Thompson, 2011).First, Civil Rights Act plays a big role in the employment environment as it aims to promote an all-inclusive employment in the US. Indeed, the international labour regulations call for equal treatment of all employees in organizations regardless of their physical, social, economic, or political affiliation or status.
Secondly, the Age Discrimination in Employment Act tends to protect people of all ages and especially those above the age of 40 years against being overlooked in employment. This is because most organizations resist employing people of this age in preference of younger people due to a number of reasons, among them being the cost of labour and energy/enthusiasm level.Thirdly, the Pregnancy Discrimination Act is an important legislation that protects pregnant women from discrimination because of their condition in job status, promotion, hiring, and compensation.The Older Workers’ Benefits Protection Act on the other hand tries to give more protection to workers during difficult conditions, especially after retirement when they are too old to access further employment opportunities.Lastly, the Disabilities Act prohibit discrimination against people living with disability in all areas of employment including hiring, promotion, compensation, working conditions among others (Walsh, 2012).It is also important that, when faced with discrimination problems, the human resource managers should first consult legal professionals to provide legal counsel. These may include specialized lawyers and even experts in the employment laws or employment tribunals.
Sexual Harassment
Every organization is required by labour laws to have a sexual harassment policy that guides its employees on matters of sexual harassment. Generally, illegal sexual harassment is any unacceptable and uninvited sexual advances or actions/words that make the recipient of such actions uncomfortable; it can be either male or female.Indeed, sexual harassment is an illegal activity or a criminal offence punishable by law. When such cases occur in employment, it is important for one to submit to the employment terms and conditions as required by law. This is because such conducts always cause problems in the work place, leading to poor performance and later bringing hostile working environment.It may also lead to loss of talent, as the affected persons may decide to quit because of harassment. Again, it is important for the human resource manager to consider the frequency of such conducts in the work place, as well as the main culprits.In most cases, sexual harassment occurs when sexual favors may be demanded in return for getting or retaining a job or a job-related benefit (Thompson, 2011).However, the Civil Rights Act is very clear on matters of sexual harassment; therefore, any aggrieved party may report or sue under Civil Rights Act. Sexual harassment guidelines are also provided in the Equal Employment Opportunity Act of international labour laws.
Accommodation
In cases of accommodation, the human resource manager should ensure that proper and reasonable accommodation is given to employees for higher work output including provision of hardship allowances. While considering this, the nature of the job and size of the company should also be put into consideration.Again, the workers’ terms of agreement should also be put into consideration, as this cannot be ignored. Here, the Civil Rights Act and Equal Employment Opportunity Act requires “employers to make reasonable accommodation to facilitate employment of disabled individuals” (Jonathan, 2010), unless there is reasonable cause to show that such a move would have severe and adverse effect on financial position of the employer.Nevertheless, it is important to provide an environment where both the employee and the employer feel comfortable in performing their roles in the organization (Jonathan, 2010).
Hiring Employees
While hiring employees, it is important to treat all of them equally as provided in the Equal Employment Opportunity Act. The law prohibits discrimination against any person based on their status; indeed, the HR should use merit when hiring employees. Here, the best-qualified candidate should get the job without any bias, even if the candidate is living with disability or she is woman (yet the employer prefers men).Again, age factor should not be used to deny a qualified candidate the job. In addition, job termination and promotions should be done as provided for in the laws. Lastly, when hiring new employees, it may be important to request for proper health records where necessary, but health conditions or body physical appearance should not be used to prevent a qualified candidate from getting the job (Walsh, 2012).
Firing of Workers
Workers are an important asset in any business firm or organization. Therefore, in cases of their hiring and firing it is important that legal procedures be put in place and be considered prior to firing employees in order to ensure that this process take place effectively and successfully.For example, in cases of scandals on one of the employees in the work place, it is always important that legal procedures be adhered to while firing them. Again proper legal counsel must be consulted to establish the truth of all the allegations made against the employee in question.Again, when the employee is found to be wrong it is good that his or her firing be done in accordance with the organization’s policy as well as in accordance with both national and international labour laws (Ulrich and Brockbank, 2005).
Employees’ Safety and Security
All organizations or employers are required by law to provide a safe and conducive working environment to all their employees. This is provided for in the Occupational Safety and Health Act of 1970 commonly known as OSHA Act, which stipulates that all employers need to provide working environments that are free from danger or harm to their employees.In addition, where occupations tend to have high risk of danger, employees are supposed to be provided with protective gear at all times they perform their duties. Where employees feel the conditions under which they work are not safe enough, they have an obligation and right to call upon OSHA authorities to come and inspect the premises and environment they work in.Therefore, it is the obligation of the human resource managers to have a policy that provides for workers safety and ensure such a policy is complied to at all times to avoid being in conflict with OSHA guidelines.
Conclusion
From the discussion above, it is important that human resources managers comply with labour laws as well as other legal requirements related to human resources in order to ensure employees work in a conducive environment. This will also allow all parties to realize and understand the limitations of their work as well as gain knowledge about legal departments in their business sectors.The understanding of the legal environment will also help human resources managers to concentrate on matters that are pertinent to the growth of business rather than wasting time in court battles related to violation of labour laws (Ulrich and Brockbank, 2005).The discussion above has looked into the discrimination issues encountered in work places, which are based on the grounds of gender, sex, color, nation of origin and age; this should be addressed effectively, as labour laws prohibit any form of discrimination and terms it as an offence.In addition, people living with disability should never be discriminated against in accordance with the Equal Employment Opportunity Act.Various legislations related to human resources include the Civil Rights Act, Family Act, Equal Employment Opportunity Act, Occupational Safety and Health Act and.Pregnancy Discrimination Act among others. All these legislations have special regulations that managers are required to comply with at all times in order to ensure that they provide proper working conditions to all their employees.
References
Holton, F.E., & Trott, J. (1996). Trends toward a Closer Integration of Vocational Education and Human Resources Development. Journal of Vocational and Technical Education, 12 (2), 36-39.
Jonathan, E. D. (2010). The Changing Environment of Professional HR Associations. London: Cornell center for advanced human resource studies.
Thompson, J. D. (2011). Organizations in Action: Social Science Bases of Administrative Theory. New York: McGraw Hill.
Ulrich, D., & Brockbank, W. (2005). The HR Value Proposition. Boston: Harvard Business School Press.
Walsh, D. (2012). Employment Law Practice. NJ: Cengage Learning.
