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Sample Critical Thinking Paper on Employment Laws

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Sample Critical Thinking Paper on Employment Laws

Employment Laws

Managers are hired to create a respectful, fair, supportive, positive, and valued work environment. However, it is vital to train them on various employment laws crucial in ensuring that fair and safe work environments are maintained. The laws include Americans with Disabilities Act (ADA), Equal Employment Opportunity (EEO), the Equal Pay Act, Fair Labor Standards Act (FLSA), and Occupational Safety and Health Act (OSHA). They ought to protect the firm and its employees irrespective of background, position, business model, obligations, preferences, and values. The Americans with Disabilities Act (ADA) involves a public law approved in 1990; however, it became effective in 1992 as a federal legislation aimed at opening employment opportunities and services to Americans with disabilities. It eliminates discrimination and prejudice, thus leveling the employment field for both able-bodied and disabled persons in America. It prohibits discrimination against qualified, disabled persons meeting structural requirements. They ought to be awarded jobs in private and public entities despite their speech and hearing impairments. In 2009, the Department of Justice provided a toolkit for States and local governments to identify and correct issues affecting disabled persons from accessing jobs. Officials are therefore required to conduct surveys to remove identified architectural barriers to the Americans with Disabilities Act (ADA) (Catherine, 2010).

The Equal Employment Opportunity (EEO) is also a State and federal law against discrimination among work environments. The law requires work environments to create free and unprejudiced environments without employers harassing employees. The employees should not be discriminated against based on their age, color, race, and background, among other diverse facts. Employers should therefore seek to increase productivity and improve efficiency by employing qualified personnel. In New York, the Anti-Discrimination Commission was established to ensure that firms uphold the law (Smith & Kennedy, 2007).

The Equal Pay Act was signed to promote gender equality; it prohibits firms from undertaking pay discrimination based on gender or sex orientations. Thus, both genders ought to receive equal payments for equal work done, including compensations, bonuses, and benefits. It also protects employees from different races, color backgrounds, or countries from being denied pay for work done. As a result, the Paycheck Fairness Act was reintroduced in 2005 to ensure firms neither violated nor ignored the Equal Pay Act. Thus, it prohibits sex, color, background, and diversification discriminations in order to eliminate inequalities within the country. The Fair Labor Standards Act (FLSA) is a federal law tasked with setting the minimum wage, equal pay, overtime pay, and child labor standards among the employees covered by the act. It was enacted in 1938 to ensure that employees within the private sector were protected. Currently, it extends to public sectors. Although the act does not limit number of hours that an employee ought to spend at work, it asserts that overtime should be paid at a rate not less than one and one half times the regular pay rate per hour. In Washington State, cities ought to abide by the law. However, it differs among States as it is a liberal law under different employee perspectives. Thus, the United States Department of Labor had to extend FLSA guidelines to capture the essence of the Act’s regulations, statutes, and requirements in a straightforward language to avoid confusions among States and cities (Catherine, 2010).

The Occupational Safety and Health Act (OSHA) is also known as the Workplace Health and Safety Act. It seeks to ensure employees’ welfares are safe and healthy across work environments. It therefore protects workers, customers, employers, family members, and other work place visitors on moral, financial, and legal levels. For example, it ensures all parties are neither fall sick nor get injured to avoid incurring health damages and medical costs. For example, mining and construction firms ought to apply the act in protecting all parties from mental, emotional, physical, and psychological hazards affecting their work abilities and incurring them medical care and disability benefit costs. Thus, employment laws ought to be respected and upheld to ensure employers and employees provide their skills and qualifications in safe, fair, healthy, and equally remunerating environments without prejudice and discrimination (Smith & Kennedy, 2007).

 

References

Catherine, H. (2010). Respect, Equity and Diversity Framework: Creating Great Workplaces with Positive Cultures, Commissioner for Public Administration, ACT Public Service Report.

Smith, S., & Kennedy, M. (2007). Woolsey Re-launch: The Protecting American’s Workers Act, Occupational Hazards Review.

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