Essay Sample on The Talent of Employees: An Essential for Organizational Performance

Paper Type:  Essay
Pages:  7
Wordcount:  1847 Words
Date:  2023-03-30


The talent of employees profoundly influences the performance of an organization and the coordination of different departments to attained the firm's objectives (Mosito, & Mohapi, 2017). Every firm requires a rigid and comprehensive human resource management team that understands the daily operations of the organization, as well as adding to the strategic planning of the organization. As a result, the human resource management team should pay a critical consideration to the federal legislation Acts that govern the employee in the organization. Through this, the organization performs in a well-coordinated manner. Thus the essay will critically elucidate the application of different legislation Acts and how they affect both the employers and the employees.

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Pregnancy Discrimination Act (1978)

The Pregnancy Discrimination Act serves a fundamental basis for outlining the essence of considering and treating pregnant women in the workplace the same way for all workers in the firm. The Act mandates the employer to treat pregnant women similar to other candidates or applicants. As a result, the HR department should take into consideration this act to ensure that legislative amendments are incorporated into the organization. The Act is Title VII of the Civil Rights Act of 1964, which is covered under sex discrimination. According to McCammon and Brockman (2019), the Act prohibits employers from making a hiring decision that would discriminate against hiring a pregnant candidate. Through this, pregnant women are subjected to the right working conditions, similar to other candidates in the organization. Through this, it is the mandate of the HR team to give the pregnant or pregnant related candidate opportunities in the job application or promotion. However, the employer should not consider to hire a pregnant candidate or promote her due to her low level of skills. Every candidate should meet the necessary condition, as per the job description. In this case, pregnancy does not become a barrier to the job position but rather the required skills and talent.

The Pregnancy Discrimination Act permits employers to join hands in fighting against work gender-based violence and any form of discrimination (McCammon, & Brockman, 2019). Pregnancy in the workforce might lead to slowing down of the work if the employee was to seek maternity leave. However, it is the role of the management and the HR to critically ensure that the employee does not feel discriminated due and left outside. Through this, HR should understand that the Pregnancy Discrimination Act insulates any form of undermining pregnant women. Failure to the observation of this Act, the victim has the right to file against the firm within 180 days, with a witness to support her claims. In this case, the law serves an essential role in giving every worker an opportunity to work.

Americans With Disabilities Act (1990)

According to van der Eijk, and Glantz, (2017), disabled people are encouraged to apply for any job vacancies they are skilled in to help reduce the mental constraints of being limited in their operations. Since 1990, disabled individuals in our working environment, are increasing and competing favorably like any other person.

The American with Disabilities Act was passed in 1990 to help prohibit any form of discrimination against any individual with a disability in life. The law applies to schools, transport systems, jobs, privet, and any other place open for the general public. As a result, the HR team should pay a critical understanding and incorporate this legislation into their daily work. On the contrary, the bill applies to any company with more than fifteen employees, making it mandatory law nearly to all companies in the United States.

Van der Eijk and Glantz, (2017) observed that both federal and state law supports the Americans with Disability Act to help prohibit any form of discrimination. Employers are prohibited from making bias decisions that may insulate candidates with physical or mental disabilities from gaining work. In this case, the employers should take into consideration that disabled workers should be incorporated in the job application, provided they meet the required criteria, and the ability to perform competent, like any other candidate.

The American with Disabilities Act paves the way for equal opportunities to all candidates. As a result, disabled people are protected by the law from being discriminated against, hence empowering them to contribute to the nation's economic growth. The Americans with Disability Act requires the firms to have facilities that support disabled workers, both in the working environment and infrastructure. As a result, disabled workers can easily manoeuvre around their working environment with ease. Construction of special wheelchair pavements and supportive rails for the disabled workers is one of the milestone steps towards incorporating disabled workers in the firm. Each worker with more than fifteen employees is subjected to this requirement to ensure that disabled workers in the organization are as productive and competitive as their standard counterparts. In the bottom line, the law serves an essential role in giving a chance to disable individuals to work.

Employee Polygraph Protection Act (1988)

Every organization has a strict code of conduct and rules that govern the employees within the company. As a result, all the employees are subjected to these legislations, once they became part of the organization. Workers have to strictly follow each rule without any violation to help keep the working environment more productive and safe for other workers. Firms are forced to take legal actions once any other law is violated, which results in job termination or fines. However, as a measure to ensure that employers do not impose any lie detection in the workers, the human resource manager needs to ensure that strict adherence and understanding of the Employee Polygraph Protection Act (1988) is strictly followed.

According to Pillay and Mushariwa, (2018), employee polygraph Protection Act is a US law that prohibits employers from using polygraphs to pre-screening employees based on discriminating against a specific group of candidates. The concept, works under manipulation to filter out the desired candidates, hence distinguishing candidates that are qualified from gaining employment opportunity. As a result, the Employee Polygraph Protection Act (1988) prohibits any form of manipulation in screening to ensure that a particular group or target is insulated from being employed. In this case, all the HR in the US should have a greater understanding of this legislation. The Act is essential in helping protect workers from bias, and manipulated tastings that may jeopardize the freedom of work in a firm.

Occupational Safety and Health Act (1970)

Working in a safe environment provides the worker with an innovative and competent mind that increases productivity and performance. It is the mandate of every organization, in conjunction with its HR department, to ensure that workers are working in a conducive environment that reduces the possibilities of health-related issues. According to Berman (2019), the occupation Safety and Health Act (1970) is an American federal law that sets and enforces workplace safety and health standards. Through the Occupational Safety and Health Administration (OSHA) agency, the legislation is geared towards reducing any possible injuries at work. The human resource department should take a more significant consideration of this legislation to ensure that workers operate in a safer and conducive environment. The OSHA agency enforces safety standards, that should be aligned with federal guidelines.

Workplace injuries and health issues contribute to the poor performance of the entire department or workers. Additionally, risky injuries at the workplace lead to premature deaths of workers. In this case, every worker should be provided with a suitable working environment that does not pose any form of threat or health issues. The essence of this Act ensures that workers have an opportunity to spend less, hence helping employees manage their medical bills.

COBRA Act (1986)

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law enacted in 1985 that allowed workers to continue with their health working insurance, with similar benefits from their previous employers (Allen, Ray, & Ross 2018). The essence of the legislation was to ensure that medical health covers were not expensive and could be afforded by all workers. As a result, the COBRA Act (1986) permits employers to consider this form of Act, during the recruitment, and already employed workers. On the contrary, the human resource management department should take significant consideration in determining the right companies where the law applies, and the benefits each employee gains under the Act. In addition to the above statement, the HR department should critically understand how the law works and the qualification of a candidate. Moreover, the law works for any company with more than twenty workers, making it typical legislation that many HR have to encounter in their working environment. Despite the Act being essential to the employee, it does not cover for all workers, a step that may not benefit every member of the firm.

Family and Medical Leave Act (1993)

The Family and Medical Leave Act (1993) is an American Act that grants qualified employees with three months of unpaid leave. The covered employer has to give the workers with this unpaid yet essential leave to ensure that an employee gains a better chance to reunite and spend time with the family. The benefit of the Act is to ensure that once a year, the employee has an opportunity to join and balance between work and family. According to Carroll (2018), the HR team should take into consideration the qualified and non-qualified employees while issuing leave to help maintain productivity in the organization. As a result, skilled workers should maintain their group benefits during the leave for consistency.

The benefits of the FMLA opts to provide not only a balance between work and family but also seeks to provide an opportunity for both women and men at work. In this case, both genders have equal working opportunities and benefits. However, to ensure that FMLA does not affect the work progress, it is essential for the HR team to properly arrange and formulate, how the workers will be granted the leave, without affecting the production of the firm. Failure to observe this concept, the HR team, may force the output in the business to come to a standstill. Despite the Act allowing employees to balance between work and family, the law does not allow the firm to pay the workers in the leave, a step that may hinder the workers from applying for the annual leave.

Uniformed Services Employment/Re-Employment Rights Act (1994)

The Uniformed Services Employment and Reemployment Rights Act was enacted to help protect the military service members from being discriminated against based on their services. The Act permits the military and the veterans to regain their civilian jobs. As a result, the HR department should critically understand the effect of this law and how it affects the performance of the entire organization. According to Mosito and Mohapi, (2017), the Act protects the veterans and the military from being discriminated against in their job. More so, it ensures that military members are re-employed upon return from their duty. In this case, it becomes cumbersome for the HR department to trim them during the employee mass layoffs. In the bottom line, the Act only favours the military to get back their job, a step that may limit the opportunity for other willing and productive candidates from...

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