Free «Legal Issues in HRM» Essay Sample

Performance management is an integral part of human resource strategic management and it incorporates various elements of employment experience such as disciplinary actions. Managing the employee performance involves a spectrum of actions which ought to incorporate the employee in the process with the help of open line of communication. Managing the performance of employees through setting up of goals, offering frequent feedback to employees and supplying employees with what is expected of them, enhances their overall performance. To ensure effectiveness, the goals of performance management should be consistent with legal issues. The purpose of discipline policy is to improve performance and behaviors of employees so as to enhance satisfaction, morale and productivity and the policy needs to be documented. Proper documentation minimizes litigation that is based on discriminatory employment practices allegations as well as potential liability based on formal complaints. In essence, the employee discipline policy forms an important component of organization’s performance management system as it defines structures and guidelines relevant for maintaining a productive work environment. Proper procedures and standards should be followed and maintained when undertaking disciplinary actions (Harris, 2009).

The disciplinary policies call for employees to comply with directives of their superiors and goals of organizations and, on the other hand, managers are to consider the law of substantial compliance and this is reflected in the labor code section 2856. Employees are called upon by law to comply with their employers’ directives in lawful activities (Reiter, 2011). The discipline policy outlines the vital elements in the disciplinary action including problem statement, expectations of the future, statement of violated standards, responsibility of employees to produce the desired outcome and the act of management in producing the desired outcome by management and the follow-up plan that will help to resolve performance conflicts. The policy increases confidence of employees as they feel that they are not disposable with the presence of positive environment for employees.

Effective discipline policy serves the purpose of ensuring that the entire workforce in the firm abides by the rules and procedures. The discipline policy can be either a progressive or positive coaching philosophy that organizations should consider in sustaining a good performance among its work force. The progressive discipline policies encompass a number of steps that leaders follow when ensuring that the performance of employees together with their behaviors is in accordance with the organizations’ standards (Cintron & Flaniken, 2011). The employee is warned verbally of the misstep and guidance is enforced to ensure the error is not undertaken. In case poor behavioral or performance issues persist, written warnings will be used before an employee is suspended or terminated depending on the weight of the mistake. The positive coaching policy is the positive reinforcement employed as a current corrective action to employees. The aim is to restructure the employer-employee relationship so as to make the corrective action less punitive to improve behavior and performance of employees. Employees in managing their performance contribute in developing a plan of action on steps that can be undertaken to prevent further performance issues.

Compliance with EEO regulations

Organizations in promoting diversity strive at providing a workplace environment that complies with all the applicable employment-related laws. The organizations’ policies should comply with laws and regulations that relate to non-discrimination matters for all protected classes of employees and equal employment. All current and prospective employees should be provided with equal employment opportunities. The EEO regulations focus on the fair labor standards, the immigration and nationality, consumer credit protection and national labor relations which should be incorporated in the policies of EEO regulations. Personal characteristics unrelated to a job such as gender, race, age or nationality should be addressed when coming up with the policy complying with the EEO regulation. The EEO programs capture investigations on discrimination allegations; educate the workforce on equal employment opportunity and conduct outreach programs among others (Harris, 2009). The procedure of policy making also considers initiatives that focus on employment of women, persons with disabilities, veterans and other minorities thus creating a workplace that is free from any sort of discrimination.

Standards required in ensuring that HRM complies with the EEO regulations are geared at curbing all sorts of discrimination. Standards to be observed include skills, personality and attributes of a worker who can perform a certain task effectively to ensure success of the work organization. The legal issues captured in the EEO regulations include Title VII of the Civil Rights Act of 1964, Civil Rights Act of 1991, Age Discrimination in Employment Act, Pregnancy Discrimination, Rehabilitation Act, Immigration Reform and control ACT, Americans with Disability, Uniformed Services Employment and Reemployment Rights Act. In a nutshell, the policy should capture certain standards in its operation, including: the senior management should champion a well-developed and strong equal employment opportunity policy, promote a diversity and inclusiveness culture, encourage open communication and dispute resolutions, provide training and professional development opportunities (Cintron & Flaniken, 2011).



Maintaining ADA compliance

The Americans with Disabilities Act, ADA, offers protection to individuals from discrimination based on their state. People with disabilities need to be protected against discrimination in employment and in programs and activities of both state and local governments and private operations. To attain this, a federal agency, ADA, was created and a civil law passed so as to guide Title I of the ADA. Title I of the ADA prohibits discrimination of people with disability in employment as well as calling for employers to offer reasonable accommodation packages to such people. The HRM ought to comply with this federal civil law and ensure that procedures are in place to see to it that individuals with disabilities who possess the required skills, education, experience among other traits needed for a job are considered for employment. The work of management is to ensure that warm relationship exists between the parties involved so as enhancing their performance which in the long run will result in success of the organization (Reiter, 2011).

Employers should not screen out potential applicants with disabilities as this may violate the ADA. The presence of a policy on ADA shows the efforts of an organization in accommodating persons with disabilities. This is in view of the fact that non-discrimination requirements of Title I and II of the ADA is for organizations to oblige in providing reasonable accommodation for those employees with disabilities. To achieve these some standards need to be met such things as job restructuring, new training materials/policies, reassignment to a vacant position, changing or modifying equipments, changing tests and modifying work schedules to favor their contribution to the organization. The benefits program should be accessible to people with disabilities (Reiter, 2011). Training programs and other career developments should offer equal opportunities, should incorporate disabled employees and proper examination should be conducted on the discharge, layoff, termination and grievance processes to avoid disparate treatment of people with disabilities. The HR facilitates the accommodation requirements of ADA geared at minimizing all forms of discrimination against employees with disabilities. The policy aims at accommodating applicants with disabilities while minimizing needless discrimination in the pre-employment process.

Fair and Equitable Workplace

Fair and equitable workplace treatment of employees ensures that a company complies with applicable laws and regulations. The current policies, procedures and standards are used in organizations to ensure fair and equitable workplaces. The selection, promotion, management and motivation processes of employees are majorly based on qualification and performance of employees. The key concern in the workplace includes strong interpersonal relationships, honest communication and mutual respect. Productive interpersonal relationships should be nurtured and the value of front-line workers who help in meeting the customers’ demands of products and services should be focused on. Mutual respect through effective communication with employees in a candid and honest manner is vital (Cintron & Flaniken, 2011). This will lead to effective communicating the job requirements to employees, an act that facilitates the company’s success. Strong leadership skills help to demonstrate continuous employee feedback, workplace achievements and performance reviews in development of employees.

The employment practices should be consistent with federal, state and local employment laws that prohibit discrimination and unequal treatment in hiring decisions. The major purpose of enhancing a fair and equitable workplace of employees in order to ensure equal employment opportunity for all applicants and employees is to promote diversity. In the long run, the implementation and diversity of personnel policies, programs and practices are fair and equitable as they tend to be guided by talents, abilities and skills of human resources. Discrimination on the basis of race, national origin, religion, age, gender, disability and genetic information should be avoided. In conclusion, integrity ought to be created and sustained on the work environment, a burden that falls on the shoulders of leaders (Harris, 2009). To achieve this, fair and equitable policies and consistency in its application facilitate the organization’s legal compliance. Decision making should be controlled to incorporate contributions of employees and compensation should be fair without any form of discrimination. The HRM are crucial in guiding the organization in defining and implementing policies and procedures that ensure fair, equitable and compliant workplaces. A range of policies and procedures should be embraced in organizations to monitor workplaces and actions taken by leaders at all levels, an act that will foster success of the firm.


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