The contemporary field of human resources management is massively influenced and governed by myriad laws and regulations controlling the entire employment procedure, which the human resource professional should be acquainted with to enhance the organization's operations and ensure that no expensive penalties or fines are incurred for the corporation to remain compliant. Ideally, compliance is increasingly becoming a vital aspect of HR management as the threat of potential harm to the organization's reputation is the primary reason why HR should be conscious and urgently address the various gaps in compliance (Thompson, 2016). This essay critically discusses the laws influencing the HR functions and examines the employment practice laws that should be followed by the HR managers with a particular focus on one case scenario involving the All Souls Hospital. Typically, today, the compliance role of the human resources has thus been identified as central to the employer's effort in finding, hiring, and retaining the employees who play a prominent role in helping the organization in executing its strategy and accomplishing its goals.
The Labor Relations Laws About the Dismissed Employee
Notably, every employee is protected by federal laws and also by the applicable local and state laws against any form of dismissal that may be discriminatory or violation of public policy. Under the National Labor Relations Act (NLRA), the employees have the right to establish and bargain in collaboration with their employers as well ass participate in other protected intensive actions (Employee Rights.gov, 2019). Furthermore, according to the NLRA, an employee has the right to create, assist and manage a union to negotiate with the employer primarily regarding issues such as the working hours, terms and conditions of the employment and salaries (Employee Rights.gov, 2019). The employees also have the right to take time to discuss the ways to improve the working condition by coworkers or a union. Therefore, it is illegal for an employer to dismiss or restrict an employer from soliciting for a union probably during a break or after work or even from issuing the union literature to the coworkers during the non-work time and chatting through the social media anything about the union (National Labor Relations Board, 2019). From the case of an employee who was dismissed from the All Souls Hospital as a result of talking to other employees about the union, specific labor relations that can be affiliated with this case include the Wagner Act, which gives assurance to all the employees of their fundamental right to organize a labor union. The Wagner Act was, however, formed by the NLRB to mainly control the election process of the unionization efforts.
Potential Steps to be taken by the NLRB regarding the Charges filed by the Former Employee
Ideally, in case an employee's rights or those of the coworkers have significantly been violated, it is important to punctually inform the NLRB, which is served with the responsibility of protecting the rights of employees. Upon filing a charge against an unfair labor practice, the NLRB may require the employer to rehire the affected worker who was dismissed in violation of the law and to compensate him with the lost salary as well as benefits and ultimately command the union or the employer to stop violating the law (National Labor Relations Board, 2019). However, the significant steps that the NLRB would take towards the accused would begin with filing a charge with the regional director, which then initiates the investigation and confirms whether a formal action should be taken (National Labor Relations Board, 2019). The Regional Director would then issue a notice of hearing whereby the eventual hearing is presided by the administrative law judge who decides on whether to dismiss the complaint or publish a remedial order.
EEOC Laws related to the Alleged Discrimination and Harassment Charges
The equal employment opportunity commission (EEOC) has a prominent role and authority to carry out investigation chargers associated with discrimination by their employers who are often covered by the law (Baumle, Badgett, & Boutcher, 2019). Significant EEOC laws, also termed as anti-discrimination laws that can be related to the discrimination case identified at the All Souls Hospital, are Title VII of the Civil Rights Act 1964 that protects employees against discrimination concerning the national origin, race or sex. Age discrimination in employment Act 1967 that restricts the prejudice to the employees regarding their age between 40 years and above.
Remedies to be Taken by the HR Department at the Scenario Hospital
The principal goal of the employment law is to successfully help the victims of discrimination to regain their previous positions (National Labor Relations Board, 2019). Examples of remedies that the HR department might consider to end the issue of discrimination within the institution include compensatory and punitive damages, court fees, attorney costs, and re-establishment and back pay.
Baumle, A. K., Badgett, M. L., & Boutcher, S. (2019). New Research on Sexual Orientation and Gender Identity Discrimination: Effect of State Policy on Charges Filed at the EEOC. Journal of homosexuality, 1-10. https://doi.org/10.1080/00918369.2019.1603494
Employee Rights.gov (2019). "Under the National Labor Relations Act." www.dol.gov. Retrieved from https://www.dol.gov/olms/regs/compliance/EO_Posters/EmployeeRightsPoster11x17_2019Final.pdf
National Labor Relations Board (2019). "Discriminating against Employees because of their Union Activities" NLRD.gov Retrieved from https://www.nlrb.gov/rights-we-protect/whats-law/employers/discriminating-against-employees-because-their-union
Thompson, G., Magratten, B. R., Pogue, M. A., Viera, K., & Banks, C. (2016). Surviving the Storm 2016: Employee Benefits Compliance & Employment Law Update. Retrieved from https://docs.rwu.edu/law_pubs_conf/80
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