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Age Discrimination in the workplace(Globally)
Age Discrimination in the workplace(Globally)
Age Discrimination in the workplace(Globally)
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Recommended: Age Discrimination in the workplace(Globally)
Introduction
One of the most difficult tasks in business today is making the right choices and decisions regarding employment. These decisions as examined by the text Employment Law for Human Resource Practice are not as cut and dry, as they might seem on the surface. All employment decision have consequences, most are favorable to the company. However, there are instances, where these decisions can be detrimental to the organization; if the company representatives are not versed in proper employment compliance standards.
Case Condition
In recent years, the North Carolina Department of Motor Vehicle in conjunction with the Department of Public Instructions have been working on developing a set of physical standards for bus drivers that address weight and size requirements. This policy on the surface seems to have validity as it pertains to the safety of the passengers who in this case, are school age students. According to the definition of Bona Fide Occupational Qualifications (BFOQ) section of the Title VII, “if an employer can show that a particular protected class characteristics (e.g. male) is a bona fide occupational requirement for the job in question, the facially discriminatory requirement is legal” Walsh, D. (2012). In language similar to the Age Discrimination in Employment Act gives a definition of the BBOQ defense “It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retra...
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...rolina and the Department of Motor Vehicles will have an uphill battle but as long the intentions are founded based on student safety, it will be a winnable case but a public perception nightmare for some years to come.
References
Deschenaux , J. (2010, June 7). Hooters sued for weight discrimination. Retrieved from http://www.shrm.org/LegalIssues/StateandLocalResources/Pages/HootersSued.aspx
School Bus Safety Mandates. (n.d.). - American School Bus Council. Retrieved April 27, 2014, from http://www.americanschoolbuscouncil.org/love-the-bus/educators-toolkit/school-bus-safety-mandates
US Legal (2014). Bona fide occupational qualification law & legal definition. Retrieved from http://definitions.uslegal.com/b/bona-fide-occupational-qualification/
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Holley, Jr., W., Jennings, K. & Wolters, R. (2012). The labor relations process. (10th ed.). Fort
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
Motor vehicle crashes cause over seven percent of teen deaths each year. Although this is true, according to Janet Adams, “Over the last decade, teen graduation from driver education classes has plunged from 100 percent to about 50 percent. During the same time period, injury accidents involving 16 to 19 year-olds have increased 55 percent.” Do these statistics reflect the removal of driver education from most school systems in Oklahoma? Oklahoma City is one of the few districts with a driver education program offered during the school year. Fees for these classes are $200 for in-district students and $250 for anyone living outside the district. In addition, driving sessions offered in the fall are conducted in the evening and on Saturdays, but no school credit is given. Although summer classes are offered, they are limited to 30 students each and sessions fill up quickly. Last year only 139 out of 458 students took the summer course. In summation, the safety of teenagers is affected when drivers’ training is not available. Therefore, driver education should be mandatory and offered at a low cost to high school students during the school year.
While implementing solutions to the high turnover rate, companies must know and understand the law. The law is created and enforced by the government to prevent any discrimination or biases between the company and employees. It also prevents the strong, corporations, from taking advantage of the weak, employees.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition
Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.