Managing a Compliant and Diverse Workplace

Recall from the Management Team Briefing on Employment Laws Assignment that the company in the assignment was the defendant in some HR-related lawsuits; claims of harassment, failure to reasonably accommodate disabilities, and work-life balance issues were made by employees, forcing the company to answer to the claims in its own defense. As the new CHRO, you want to enact stronger policies and guidelines to avoid such situations in the future.

Write a 6–7 page paper in which you:

Briefly note how workplace harassment affects equal employment opportunity and describe at least four elements a plaintiff must show to pursue a harassment claim. How might an organization prevent the risk of being the subject of such claims? Hint: Refer to 6 Tips to Avoid Harassment and Discrimination Claims. (Included)

Explain your overall understanding of reasonable accommodation of disability (make certain to review ADA rules). Then, discuss a minimum of four things a plaintiff filing a failure to accommodate claim must show to prove they are qualified for the job in question.

Make a connection between religious advocacy or harassment and bona fide occupational qualification. Discuss whether churches promoting a certain religion can refuse to hire people of other faiths? Why or why not?

Discuss your overall understanding of FMLA and the Pregnancy Discrimination Act as they relate to organizations granting leave for each. Then, identify three or four common FMLA mistakes managers make and what you would do to avoid the mistakes. Refer to The Top Five FMLA Compliance Mistakes That Could Land You in Court. (Included)

Use at least four American quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.

The specific course learning outcome associated with this assignment is:

Analyze common HR legal issues, including workplace harassment, failure to accommodate disabilities, religious issues, and FMLA.

Make a heading for each concept and question

Number all pages

 

 

 

 

Rubric

Briefly note how workplace harassment affects equal employment opportunity and describe at least four elements a plaintiff must show to pursue a harassment claim. How might an organization prevent the risk of being the subject of such claims?–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 18 (11.25%) points

Competent 20.4 (12.75%) points

Exemplary 24 (15.00%) points

Explain your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules). Then, discuss a minimum of three things a plaintiff filing a failure to accommodate claim must show that helps to prove they are qualified for the job in question.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 24 (15.00%) points

Competent 27.2 (17.00%) points

Exemplary 32 (20.00%) points

Make a connection between religious advocacy or harassment and bona fide occupational qualification. Can churches promoting a certain religion refuse to hire people of other faiths? Why or why not?–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 24 (15.00%) points

Competent 27.2 (17.00%) points

Exemplary 32 (20.00%) points

Discuss your overall understanding of FMLA and the Pregnancy Discrimination Act as they relate to organizations granting leave for each. Then, identify two or three common FMLA mistakes managers make and what you would do to avoid the mistakes.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 24 (15.00%) points

Competent 27.2 (17.00%) points

Exemplary 32 (20.00%) points

Use at least three quality academic references.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

Writing mechanics, grammar, and formatting.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

Appropriate use of SWS in-text citations and a reference section.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

Information literacy and integration of sources.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

Clarity and coherence of writing.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

 

 

 

 

 

 

 

 

 

 

 

6 Tips to Avoid Harassment and Discrimination Claims

A zero-tolerance environment should be backed by effective policies, practices, tools and training.

Posted by Angela Reddock-Wright on May 8th, 2012

The economic decline of the last few years has led to an increase in claims of discrimination and harassment in the workplace. Such claims have arisen as a result of employers having to make difficult decisions about layoffs and restructuring their businesses and organizations to streamline them and to make them more efficient.

The EEOC shows nearly 100,000 claims of discrimination and harassment filed, with a notable increase in claims related to age, religion, disability and national origin, as opposed to traditional claims of race and sex discrimination.

Although a tough climate in which to do business, employers can take steps to minimize their risks in the areas of discrimination and harassment, while also growing and creating thriving, progressive work environments.

Harassment investigations can be tricky. You’ll find tips for preventing and investigating workplace harassment in this free cheat sheet on Workplace Harassment.

The following guidelines can help to prevent harassment and discrimination claims and reduce risk:

1. Leadership Commitment

First and foremost, the leaders of a company or organization, including the owners, executives and senior managers, must personally commit to promoting and creating an environment and culture which does not tolerate discrimination and harassment in the workplace. When employees see that the leaders of a company or organization are committed to such principles, they are less likely to engage in such conduct and if they do, they know they may face potentially severe consequences.

2. Strong Policies and Procedures

Employers must establish a strong policy against harassment and discrimination which defines and provides examples of what constitutes such conduct. If the employer’s business is part of a unique industry such as the restaurant, retail or manufacturing business, the policy should include examples which are applicable to that workplace or industry. This will ensure the policy has meaning beyond words.

3. A Clear Reporting Process

The policy also should include a clear process for employees to report claims of discrimination and harassment. For example, the policy might state something to the following effect: “Should an employee feel that he or she has been the victim of discrimination or harassment, the employee should immediately report the claim to his or her supervisor or to X person in the Human Resources Department”.

Employers might also consider implementing a third-party compliance hotline where employees can make reports of discrimination and harassment, as well as other claims and issues, particularly if the employee does not feel comfortable making the report to any manager or supervisor internally.

Read about i-Sight’s secure anonymous ethics hotline.

4. A Clear Investigation Process

The policy also should include a clear overview of the employer’s investigation process. The policy should express the employer’s commitment to conducting an immediate and thorough investigation and to taking any remedial action, where necessary.

5. No Retaliation

The policy also should ensure employees that they will not be retaliated against for making claims of discrimination or harassment and that the employer will take all steps to protect the employee and their confidentiality.

6. Training

Perhaps the most important element of a strong prevention program is regular training both for managers and employees. The training can be conducted by lawyers or trained human resources professionals or through a recognized online training source. Employers should examine their organizational culture and environment to determine what is the best training option for their employees. Whatever decision the employer makes, it should ensure the training is conducted on a regular basis – at least annually as a best practice.

Although claims of discrimination and harassment are on the rise, they can be limited and their impact can be minimized where employers commit to having a ZERO tolerance environment for discrimination and harassment, along with implementing the necessary policies, practices, tools and training to support that commitment.