Main problem in the case: lack of HR department to oversee the HR function and administer all HR specific issues and problems. Violation of the EEOC (Equal Employment Opportunity Commission) and Pregnancy Discrimination Act
Consequences of the problems: firing of Henry Jaques, demotion of Gavin and elimination of his position from the organization, discharging Miriam for pregnancy issues, and turning down of Bandag truck maintenance service people who applied for the driving job.
1. Given Bandag Auto’s size, and anything else you know about it, should we reorganize the human resource management functions, and if so why and how?
Yes, Bandag
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For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments, or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled because of pregnancy to do the same.
Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby 's birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
To solve these particular issues, Bandag can arrange fewer hours per week for her until her recovery. If Bandag refused to do so and fired her, court may go against them for not following law and order of the state.
6. An employee who is deaf has asked us to be one of our delivery people and we turned him down. He’s now threatening to sue. What should I do, and why?
I think, Bandag should allow him to be driver for the delivery truck. It is against the EEOC (Equal Employment Opportunity Commission) to discriminate against someone to be the driver just because he/she is deaf. Rather than turning him down company can provide him special earphone if needed. Not giving the driving job to someone just because he/she is deaf is fully discrimination. Therefore, Bandag
Maintains the agenda, arranges travel, and coordinates meetings, conference calls and appointments on behalf of the Manager. Organizes and coordinates the meetings and conference calls of unit staff, special project teams and working groups.
• The fact that Anita said that the plaintiff will probably get job with the fact that the plaintiff had performance evaluation than the younger woman awarded the promotion led the plaintiff to expend emotional and financial recourses pursuing this ADEA claim in federal court. (Twomey, 2010, pg. 525)However, when analyzed by the court under a “direct evidence of discrimination “theory and under the McDonnell Douglas model, she had no case. (Twomey, 2010, pg. 525)
of this type of leave or the employer can get in trouble. If this type of leave is taken it
It is expected that the ruling will operate to permit disabled individuals expanded opportunities within healthcare fields. This ruling is important to employers, especially those in healthcare, who must be aware of their duties to provide reasonable accommodations to employees where there is no significant safety risk. That a disabled individual is working within the healthcare industry is insufficient in and of itself to demonstrate a safety risk, as are obscure and unlikely risks that may be articulated by an employer. Thus, employers must be sure to provide the reasonable accommodation unless they can demonstrate an actual significant safety risk, or risk liability for failing to do so.
On May 10, 2012, Complainant filed this action against Respondents, alleging discrimination on the basis of age (59 years old) in violation of M.G.L. c. 151B § 4(1B) and the Age Discrimination in Employment Act of 1967. Complainant alleges that he was terminated and replaced by someone at least five years younger.
What is the tenet that China follows to ensure that Hong Kong’s exuberant capitalism is retained despite the communist leanings of mainland China?
The EEOC website states: "the Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment" (Pregnancy discrimination, 2012, EEOC). Pregnancy is considered a temporary disability, and as such employers must provide the employee with alternative assignments or lighter duties, disability or unpaid leave, as they
Furthermore, unions and employers should be able to devise an accommodation for the employee that is consistent with the provisions of a collective bargaining agreement. According to the EEOC Guidance, the determination of what is an appropriate accommodation is to be made on a case-by-case basis, tailored to match the specific needs of the disabled individual with the essential functions of the given job. I would advise Steven to confirm if accommodation could in fact be made specific to his religious circumstance since each employee has different circumstances I believe that would be a fair request. Unfortunately, I don’t think they will accommodate him because there are other employees that require accommodation that fall into the specified criteria.
Under the California Fair Employment and Housing Act (FEHA), if you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave (PDL), which is an unpaid leave. If you are affected by pregnancy or a related medical condition, you are also eligible for reasonable accommodation (such as more frequent breaks) and/or to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if medically advisable because of your pregnancy. A pregnant employee has these rights, regardless of length of employment or hours worked (but leave is prorated for a part-time employee based on your status as compared to a full-time employee).
If an employee has a qualified disability or becomes disabled with a qualified disability during his/her employment, the employee will
A person with a disability, or handicap, can be defined as someone with a physical or mental impairment, which has a substantial or long-term adverse affect on his or her ability to carry out normal day-to-day activities (Employment 2). Handicap workers face many challenges in the work place that the average person overlooks. Also, many special arrangements and alterations have been made to the workplace for people with handicaps. Accessibility, transportation, workload, and salary are just some of the many issues that must be considered with the prospect of employing the handicap.
You are a Human Resources Specialist and work for a staffing services company. Early Monday morning you receive a phone call from one of your most important clients. They want to get rid of one of your assignment employees (is a temporary employee of your company). The employee has been absent for several days because she is pregnant. She has been working as a banking receptionist, a position that requires consistent attendance and a cheerful disposition towards bank clients.
To work in the Human Resource management field you must maintain and improve the company by planning, implementing, and evaluating employee relations and human resource policies, programs, and practices. It is a challenging and yet rewarding field to work in. However, just like every business field, people who work in the human resource department face many challenges when it comes to discrimination.
Employees are entitled to take a reasonable amount of time off work for dependants, this could be to make funeral arrangements or to look after a sick child.
In relation to the situation, the following data is also pertinent: “Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.