Abstract This paper will examine both the theory and practice of affirmative action (U.S.) and employmentequity (Canadian counterpart) on moral and ethical grounds. This paper will argue that while such legislation may be defensible in terms of social engineering, in terms of morality and justice it is indefensible to promote justice to one group by denying justice to another.
Abstract This paper examines two cases of Canadian jurisprudence related to the Employment Standards Act and an individual's status as an employee or an independent contractor. Consideration is given to the older control test, organizational tests, the four-fold test and other methods of determining status.
Abstract This paper examines the history of employmentequity. It looks at the essence of employmentequity as well as the arguments for or against employmentequity. This paper also offers possible solutions to the present system.
Abstract This report covers the Investor Protection Act of 2002, its development in Congress, its historical context, what it means to accountants and organizations, how it has developed in the last year, and how it is expected to develop in the future. Particular interest is paid to how it is expected to eliminate risk by preventing companies from certain moral hazards previously associated with the securities fraud that was feared to have become pandemic among equity analysts by late 2001. The report also questions whether the intrinsic problems associated with irrational exuberance and the issuing of recommendations are successfully addressed by the new legislation.
From the Paper "The political pressure of the past several years following the dot.com bubble and the collapse of several major companies created a need for new securities legislation, which culminated last year in the Sarbanes-Oxley Investor Protection Act, which establishes new guidelines for the securities industry. Initially a Democratic brainchild, the act became favored by Republicans in the House when it was realized that such adjustments would be of great benefit to shareholder value in that they enhanced general financial stability. This is the most prominent piece of financial legislation since the establishment of the Securities and Exchange Commission in the early 1930?s. The most widely recognized feature of the new legislation, which was introduced in 1992, is that board members are held personally and criminally liable for the accounting practices that the company employees. This act also establishes guidelines as to the coverage of securities by sell-side analysts who face a conflict of interest in offering objective advice about the financial nature of companies that their firm is issuing debt."
Abstract This paper discusses the disparity has long existed between men and women in occupational equity, explaining that these changes, for several possible reasons, began to take place during the Neolithic Revolution. The paper also looks at the substantial changes that have been made in the last two centuries through reform acts, legislation, and social movements while also pointing out that, in spite of the great strides that have been made in these areas, women still face difficulties in rising through corporate ranks.
From the Paper "Men and women have always seemed to occupy different places in the work force. Women have typically taken the role of gatherer, caregiver, nurturer--passive roles, in most cases, in which they stayed close to the family or larger tribal unit. Men, on the other hand, have roamed far from the central group as hunters, warrior, and protectors of the social order. In today's world, the wide gender gap of the nineteenth century has changed substantially to the very narrow spectrum of differences seen today."
Abstract This paper discusses the debate surrounding the topic of employmentequity and the issue of reverse discrimination a description of the justifications for and against such an initiative will be outlined. It is expected that this will allow for a conclusion concerning which side presents the stronger argument, or perhaps whether or not this is even the central question that should be asked when dealing with such a topic. Furthermore, an effort will be made to arrive at thorough, practical and creative recommendations for improving the present system within American public administration.
A discussion and analysis of the Age Discrimination in EmploymentAct (ADEA) that was signed by Congress in 1967 as a method of addressing the arbitrary policies that many industries had in the country relating to older workers.
1,800 words (approx. 7.2 pages), 9 sources, 2006, $ 71.95
Abstract This paper presents an overview of the Age Discrimination in EmploymentAct (ADEA), explaining that it specifically relates to workers of age 40 and older, as Congress believed that this was the age when there was the most evidence of age discrimination. The paper explains that the ADEA directly focuses on a number of issues that affect concerns of age discrimination. These issues include the hiring of employees, the promotion of employees, the salaries of employees and the ability of the company to discharge workers. The paper further explains that the Act discusses the publication of materials for workers that relates to their employment and how these publications may have a direct impact on the interpretation of the ADEA in courts.
Abstract The writer of this informative paper defines and explains the concerns and goals of the Occupational Safety and Health Act of 1970 (OSHA) which is applicable to all employers and their employees in the U.S. as well as the District of Columbia and Puerto Rico. This paper analyzes the Federal OSHA standards which are categorized into four main groups comprised of general industry, construction, maritime and agriculture. This paper examines those individuals and industries which are exempt from OSHA's requirements and regulations including self-employed individuals and farms which employ only family members of the actual owner. This paper details the various conditions employers must adhere to when complying with OSHA's standards and regulations. The writer contends that the adherence to the standards may incorporate ensuring that employees are supplied with the necessary safeguards and tools to guarantee their personal safety and health. This paper also delves into the legal rights of both the employer and employee in matters pertaining to OSHA.
From the Paper "The Federal OSHA standards are categorized into four major groups such as general industry, construction, maritime and agriculture while some standards are particular to just one category others are applicable across industries. The regulation necessitates the employer to grant the employee access to any medical records the employer maintains with regard to that employee, incorporating any records about the exposure of employees to toxic substances. The standard of personal protective equipment requires the employers to extend the employees with personal equipment devised to safeguard them against some hazards. The equipment can extend from safeguarded helmets to avoid head injuries in construction and cargo transportation work, to protect the eyes, safeguard the hearing capabilities etc. The California Legislature enacted the California Occupational Safety and Health Act of 1973 in order to ensure the workers safe and healthy working environment for all Californian working men and women."
Abstract This paper studies the California Fair Employment and Housing Act. The paper examines the plight of individuals with certain physical and mental disabilities, who are likely to be deemed as ineligible in federal court to be protected against discriminatory actions on the part of their employers. The paper shows how the California act recognizes chronic and/or intermittent conditions as being disabling conditions. The paper concurs with the California legislation that individuals who suffer from these conditions deserve workplace protection.
From the Paper "In an ideal world, all workers who performed their job well would be compensated generously and never be the victims of unfair or discriminatory practices on the part of their employers. This not being an ideal world, such unfair or discriminatory actions can..."
Abstract This paper examines how America, one of the wealthiest and most powerful countries in the world, has not achieved equal opportunities for certain groups of people and how discrimination still exists at all levels. It focuses on the Equal Opportunity EmploymentAct (EEO) as it relates to women and people over the age of fifty. It discusses how the EEO act should be applied and enforced by employers and looks at methods in which human resources professionals should structure their EEO Policy in accordance with the law. Proper implementation of EEO regulations will help to ensure a diverse work force, which can lead to increased competitiveness, innovation and a spark in thought leadership which is unarguably a necessity in today's global marketplace.
From the Paper "Women make roughly seventy-six cents for every dollar a man earns. Relatevely women are worse off than men in terms of unemployment, education and occupational distribution despite laws such as the EEO that seek to eradicate such disparities. Research reveals that men represent ninety-five percent of senior level executiives among the top one thousand publicly held firms. Yet, women comprise of half the population and more women than men are recievng collegiate degrees. Why are women still unable to break through the glass ceiling? Gender discrimination in the workplace has been attributed to gender-role socialization, personal values and prejudices and differential education and training."
Tags:employers, implementation, regulations, diverse, work, force
Abstract This paper discusses the Fair Labor Standard Act (FLSA) which was passed by Congress in 1938 to establish a minimum wage, overtime compensation standards, record keeping requirements, child labor provisions and other regulations that affect employers and labor. The law was enacted to meet the economics and social problems of that era. It examines how the intent of the law was to make overtime compensation expensive and to open up more employment opportunities to the working population. It outlines some of the issues relating to the act and some business impacts to consider including a case summary.
From the Paper "An employee is not entitled to compensation under the Fair Labor Standards Act for overtime hours he claims he worked but never recorded in his payroll book or submitted to management. When he has not created factual issue that would allow finding that employer's time records, prepared by employee himself, were inaccurate or that employee worked more hours than he recorded, and even if his assertions are credited, he has failed to establish that employer knew he had performed uncompensated overtime. The employee claims he failed to record all overtime worked because the employer expected employees to work as long as necessary to complete assignments. Also, because he feared a "big hassle'' if he did report the overtime."
Abstract This paper explains that diversity in the workplace generally has been thought of as purely an employmentequity issue; however, diversity is coming to be recognized as an asset, which, like any other asset, can be well managed and can contribute to the bottom line. The author points out that managing diversity is a challenge because it requires organizational change, which means fostering a cultural environment that values differences and maximizes the potential of all employees. The paper stresses that, above all, diversity means recognizing the uniqueness of another person whether that person is a customer or an employee.
Table of Contents:
Introduction
Diversity Defined
Diversity Pros and Cons
Diversity and Success
Diversity And Company Image
Management of Diversity
Diversity and Training
Organizational Values And Diversity
Conclusion
From the Paper "First, establish your core values as an organisation and use this as a foundation on which to build you diversity strategy. Remember you're changing the culture of your organisation, and that is a very long and painstaking process. You must champion diversity personally. Without commitment diversity will not take root in your organisation. Celebrate diversity. Make an annual event out of celebrating diversity. Recognize and honor employees who practice diversity. That kind of recognition sends out a powerful message that your organisation is committed to diversity."
Abstract The paper defines the Whistleblower Protection Act of 1989 and how it addresses environmental concerns, securities fraud, transportation safety, Federal Aviation Administration (FAA) regulations and Nuclear Regulatory Commission (NRC) regulations. The paper discusses the formal/direct and informal/indirect types of retaliation and punishment that employers are prohibited from engaging as well as how, in certain circumstances, employees have the right to refuse to work until employers correct dangerous working conditions. The paper then outlines the compensation to which whistleblowers are entitled.
Outline:
Introduction
The Application of Whistleblower Protection Law in the Workplace
Formal/Direct Failure to Comply with the Whistleblower Protection Act of 1989
Refusal to Work
Remedies
From the Paper "The Whistleblower Protection Act of 1989 was designed to protect individuals employed by government agencies from retaliation in any form arising as a consequence of bringing to light circumstances within the employing agencies that violate fundamental rights. It is also intended to protect those individuals from continued exposure to medically harmful and dangerous working conditions by enabling the reporting of those conditions to the appropriate authorities for rectification without the fear of adverse consequences that could otherwise discourage reporting and thereby perpetuate those conditions (USLC, 2007)."
Abstract The Family and Medical Leave Act has evolved considerably since its inception in 1993. Since then, employers and employees alike have been struggling with the administration of the program and the costs associated with it. The lack of knowledge in FMLA laws and the misapplication of the Act have been two of the reasons for numerous lawsuits. Does a concerted effort to inform, educate, train, and monitor an organization's FMLA compliance responsibilities reduce the administrative and legal costs of the organization? This paper offers the history of FMLA, key administration items, consequences for non-compliance, suggestions for lowering the risks of litigation, and research methods for obtaining information regarding FMLA. Several tables are included with the paper.
Contents:
Abstract
History of the Family and Medical Leave Act (FMLA)
Background
Time-line and Evolution of the Act FMLA Administration
Eligibility
Entitlements
Maintenance of Health Care Benefits During Absence
Employer Responsibilities under FMLA
Employee Responsibilities under FMLA
FMLA Violations
Family and Medical Leave Act Enforcement Increased
Consequences of Noncompliance
Suggestions on How to Lower the Risks of Litigation
Outsourcing Human Resources Management Responsibilities
Electronic Program Administration
Training and Education
Certification Programs
Online Resources
Conclusion
Research Methods
References
Appendix
From the Paper "According to the available information regarding FMLA administration and violations, many of the lawsuits and much of the legal fees could have been avoided had the companies invested in training and education, outsourcing of HR responsibilities, or through the purchase of FMLA management software. Training and education seems to be the key to the successful administration of the FMLA program. There are a variety of sources where employers and employees can go to get training and general information regarding the Act."
Abstract This paper discusses the Americans with Disabilities Act (ADA) which was passed in 1990 in an attempt to level the field for people with disabilities. It looks at how the Act is considered by many to be the most dramatic piece of legislation in the area of civil rights that has passed the United States Congress in the past 30 years. It analyzes the general provisions of the Act, Title I and its implications as it relates to employee/employer relations, Title II as it relates to government entities and Title III as it relates to businesses--corporate, nonprofits and others. Within the context of the Titles, it focuses on selected cases and instances where the ADA has proven to be vague or has not been successful.
From the Paper "Because the definition of "disabled" is rather unclear, there has been much confusion as to who, exactly, is disabled. In a recent Supreme Court case, Toyota v. Williams, the justices narrowed the definition--to the relief of some, while outraging disabled activists. The justices ruled that a person who had carpal tunnel syndrome (CTS) and wanted to be classified as disabled under the ADA had to prove that the CTS significantly affected "major life" activities, which include daily activities such as brushing teeth, in addition to work. "Sticking closely to the established precedent and the written law, the justices ruled that work itself does not constitute the sum of major life activities" (Sandlund)."
Tags: business, title, employee, employer, relations, civil, rights
