Legal Implications in Human Resources
Legal Implications in Human Resources
It is important to give a brief description of the company and their employment policy. Gelato Cheese Company is located in Heartland Corners, U.S.A., and employs one hundred workers at its principal processing plant who distributes cheese throughout the United States. The company has mostly young member employed to its company between the ages of 25-35. The company is located in a neighbour, which has a population of 50 percent white and 25 percent African American, with the balance being Hispanic American, Asian American and others. The company requires a high school diploma as a condition of employment for its cleaning crew. Based on this requirement Gelato’s entire cleaning crew is white. Many companies in the United States that mainly have a white population have the same or similar policies based on economy reasons. It is understandable that most company set their standards based job title, description and evaluation a company will set their standards and qualification based on each position.
The company must at all times try to stay within the labour laws of the country which have specific conditions that each company must follow or will be in breach of the law and will face serious consequences based on these breaches. Thus it is important for the human resource department to be current in labour and company law to guide their company in the right direction. Base on the Title VII of the Civil Rights Act of 1964 it can be stated that at first observation the company did not violate any of the acts requirement of them however this is wrong. The act highlight and “prohibits most workplace harassment and discrimination, covers all private employers, state and local governments, and educational institutions with 15 or more employees. In addition to prohibiting discrimination against workers because of race, colour, national origin, religion, and sex, those protections have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees.” (hrhero.com 2013) The fact that the surround community is mostly while and a higher percentage of students graduate from high school with a certificate is white. It can be assume that the company created its policies based on knowledge acquired from the high school which states 75% of the white population has completed high school, compared with 25% of those in minority groups. This is discrimination to the minority group based on the fact that the company insist on this employment policy that they know that more whites graduate than the minor group then the correct measures should be taken into consideration. Based on the policy of employing only gradates students from the high has already discover discrimination. (hrhero.com 2013) Gelato Cheese Company human resource department needs to review the Age Discrimination in Employment Act as it relates to application and employment decisions; this is because of the age of their janitorial staff. The members of the janitorial staff are between the ages of twenty-five (25) and thirty-five (35). The Age Discrimination in Employment Act helps to protect older employees so they have a fighting fair chance at employment. The Age Discrimination in Employment Act prohibits an employer from refusing to hire, firing, or otherwise discriminating against an employee age 40 or older, solely on the basis of age. Thus base on the company age group they are in beech of the policies and need to adjust and make changes where necessary. At forty (40) years old you are still functional and able to achieve and conduct given task that needs to be complete at the correct time for any company; this it is unfair of employers to want to employ only young employee. When these people are out of a job the over will have to find additional money for unemployment program. (hrhero.com 2013)