Legal Aspects of HRM

This Competency Assessment assesses the following outcome:

MT203M1-1: Identify the laws of employment practices that managers follow.
Introduction: In your Reading in Chapters 1, 3, and 15, you examined some of the laws impacting the
human resources function. In this Assessment, you will read a scenario and identify the laws and
actions to be addressed by this hospital in order to be in legal compliance.
 
Scenario: Wings Hospital has had a busy week. Two issues have arisen: (1) an employee was
dismissed just prior to unionization, and (2) a veteran was interviewed but not hired for a position and
is alleging discrimination and harassment.
The hospital has just been unionized, and an employee was dismissed who was a designated union
representative. The employer said she was found chatting with other employees on social media about
the union during the lunch break on company computers 24 hours before the union was voted in, and
the former employee filed a charge with the regional labor relations office.
In addition, the company’s CEO has received a charge of discrimination and harassment regarding a
female veteran who was interviewed but not hired for an insurance coordinator position. The veteran
claims the interviewer was making unseemly gestures towards her during the interview.
You can consult both your assigned chapter reading and the U.S. National Labor Relations Board
(NLRB) website to address the checklist items below:
Checklist:
 Identify the labor relations law(s) pertaining to the two dismissed employees.
 State the potential steps that will be taken by the NLRB regarding the charges filed by the former
employee.
 Identify the EEOC laws related to the alleged discrimination and harassment charges brought by the
veteran who was interviewed but not hired.
 State remedies or actions needed to be taken by the HR Department/Wings Hospital to comply with the
EEOC and labor relations laws that applied to this scenario.

 
Charges of discrimination and harassment

Before the unionisation of Wings Hospital, an team member who was fired had the right to organise
under the Law of National Relations on Labour (Law; 29 U.S.C. 151-169), which was in effect at the
time. During forming a syndicate, you may be able to negotiate contract conditions with firms,
disseminate materials, and recruit personnel. It is not legal for your employer to intimidate or punish you
for participating in such actions as bribery, discipleship, or degradation. The Philippines published a
report in 2018 on During the lunch break, the team member talked with coworkers and worked on a
computer for the company. Many businesses have policies that limit such activities to specific hours and
half-hours. A counterclaim of aid for the organisation may not be used as a basis for bringing an unlawful
action against the employer for termination of employment. The Law Fund published a report in 2018
titled.
Secondly, a female veteran seeks a position as Insurance Administrator, which presents a challenge. She
claims she was passed over for the job because of discrimination against women and was subjected to
unfair conduct throughout the interview process. In this scenario, the sexual harassment during her
interview is a clear example of unequal treatment. It may be used as direct proof to denigrate her as a
person, discriminate against her sex-based qualities, and create a hostile and unpleasant working
environment. The Equal Employment Opportunity Commission defines sexual harassment as follows:
"Sexual harassment is unwelcome sexual advances, sex favours, and other verbal or natural behaviour,
when a person's submission or refusal to this behaviour expressly or implicitly affects his employment,
interferes unreasonably with the performance of his work, or creates an intimidating, hostile, or offensive
working environment."

Solutions

When a remedy is applied, the goal is to put the aggrieved party in the position they would be in if no
discrimination had happened in the same or comparable situation. Suppose the aggrieved parties or
victims can demonstrate prejudice. In that case, their remedy may include reinstatement to their previous
work, reimbursement from the period they were released, any other benefits received before their release,
attorney fees, and court expenses, among other things. Intentional discrimination may result in further
sanctions or compensation is required, and the employer should make every effort to prevent future
discrimination from occurring. In this particular example, the employer is a hospital with more than 500
employees, and the corporation may be able to spend up to $300,000 per suite. In the case of harassment,
the behaviour must create an environment that is hostile, threatening, offensive, or all-around unfriendly
for it to be considered illegal. The most important thing that can be done in the case of harassment is to
prevent problems from occurring and act quickly when they do. The team member is seen as an extension
of the company and is held accountable for the company's wrongdoings through a legal concept known as
reacting Superior. Every case of harassment is subjected to an examination by the Equal Employment
Opportunity Commission (EEOC) to determine if the acts were severe or widespread enough to be
considered unlawful. (The Economic and Social Committee of the United Nations, 2018) Defending
oneself may be possible if the employer can establish that they have implemented processes with
supervisors and managers to prevent sexual harassment.

International Union of Service Employees.

SEIU employs almost 2 million workers across the United States, Canada, and Puerto Rico. More than
150 local syndicates represent the interests of this personnel. Each local union has its own set of officials
and governing bodies, distinct from one another. This gives them the authority to establish local rules,
benefits, and remuneration. Local unions can also meet the interests and aims of their respective
communities.

Membership in maintenance

"While the Union's safety criteria do not require participation in the syndicate, employees must remain
members for a specified period." The Noe of Raymond (2018) is a novel.

If you believe you have violated your rights and have filed an indictment with the National Labor
Relations Board, an investigation will be conducted. They will gather information, make statements,
discuss any incidents with all parties involved, and seek out any witnesses. They will also conduct
surveillance. The National Labor Relations Board (NLRB) seeks to resolve with both parties if the
evidence supports the allegations. Once all of the information has been analysed, the NLRB will decide.
An administrative law judge's hearing is held when no resolution can be reached following the filing of a
formal complaint.

How to comply according to employment law

Prospect Hospital will hire an additional 100 technicians, nurses, and surgeons in the following months.
The hospital must follow various laws during this procedure and adhere to these rules. One of the most
critical pieces of legislation to remember during this procedure is Title VII of the Civil Rights Act of
1964 and 1991. These are necessary because they made some sorts of aggression against people based on
their race, colour, religion, sexual orientation, or national origin illegal. Documentation is essential to
prove that everything from recruiting to training and remuneration is fair and equitable. If a complaint of
discrimination is filed and proven to be accurate, the Equal Employment Opportunity Commission
(EEOC) will impose civil fines. The following are some of the procedures that human resources must
evaluate when recruiting a new team member:

• For each new team member, the Internal Revenue Service issues a federal employer identification
number issued by the Department of Labor (IRS).

• Every new team member must register with their state's employment department to be eligible to receive
unemployment compensation taxes.

• Putting in place a payroll system that will allow employees to withhold the IRS tax.

• Obtaining workers' compensation insurance coverage for employees.

• Developing a health and sickness prevention plan for workplace safety and health management
personnel (OSHA).

• Complying with Labor Department requirements for posting relevant workplace notifications (DOL). •
Employee support with the enrollment process for team member benefits.

• Filing of federal unemployment tax returns with the Internal Revenue Service. The term "Support Law"
refers to the law of providing support.

Compliance with the Labor Development and Regulation Act of 1959, which applies to both the
institution and the organisation, will be required. In addition to issuing financial reports, this Act protects
syndicated money by regulating labour union employment practices. The Office of labour-management
Standards is in charge of enforcing this law. Occupational Safety and Health Administration.