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HUMAN RESOURCE MANAGER.
Term Paper ID:23517
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Essay Subject:
Roles in drug testing, preventing discrimination, use of temporary workers, Proposition 209 (CA anti-affirmative action bill).... More...
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5 Pages / 1125 Words
7 sources, 10 Citations,
MLA Format
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Paper Abstract:
Roles in drug testing, preventing discrimination, use of temporary workers, Proposition 209 (CA anti-affirmative action bill).
Paper Introduction:
Introduction
The human resource manager can be a key figure in helping companies avoid legal liabilities in today's highly litigious business environment. By carefully monitoring the legal environment in which a company operates and by creating an internal work environment which is sensitive to the legal atmosphere as a whole, the human resource manager can help foster a corporate culture which actively seeks to provide ramifications other than legal conflict for resolving employee-employer disagreement. This research examines specific areas where human resource managers should focus their attention and considers ways in which human resource managers can work toward providing as safe an environment as possible from a corporate standpoint, while still meeting the needs of their employees.
Text of the Paper:
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Drug Testing One of the areas that has come into the legal spotlight recently isthe area of employee privacy with regard to drug testing. As a result, the legal considerations can be significantregarding the rights that the company has regarding performance anddiscipline. In addition, the human resource manager must communicate to allemployees who interview candidates that no questions can be asked whichrelate to disabilities that the interviewer perceives. While state-funded programs would be prohibited from discriminating or favoring onegroup over another, federally funded programs would still (most likely)maintain their affirmative action requirements. Employee handbooks typically contain informationthat every employee needs, such as legal holidays, vacation scheduling andaccrual procedures, sick time, medical benefits and policies regarding EEOCpractices. "Don't Create Employee Rights by Accident." Contractor Jan. Clearly, administrators will have to be veryclear as to which guidelines are applied to which programs, and carefulattention will need to be paid to the way in which the courts rule on thevarious aspects of this legislation (Schmidt A33). California,like most states, has affirmative action programs in place which prohibitdiscrimination in hiring or retaining employees based on minority status.The protection that permitted women and minorities not only to be hired,but also to be promoted in organizations is eliminated under Proposition2 9, or so its opponents argued. 1994: 142-143, 146. 1994: 38, 47.O'Brian, Joseph. This does not mean that human resource managers must becomelawyers, but it does mean that they must recognize the responsibility thatthey have to their employers, and they should learn to cultivate legalresources in the community and in their industry (Britt 44). When the law initially went into effect (in July 1992), itapplied to employers with more than 25 employees. This trainingshould be carried over to the organization as a whole in order to foster anenvironment where disabled employees are welcomed rather than anenvironment which is perceived as hostile to those with disabilities (Perry86). Sexual Discrimination Sexual and nonsexual harassment are two other areas in which humanresource managers must seek to protect their employers. Using Temporary Workers Legal problems can also arise from the increased use of temporaryworkers as companies seek to trim their payroll expenses. In this way, for example, an airline may require apre-employment drug screen of its employees because a drug-free workforceis in the public interest. Such behavior can also beused to search the employee's work space for illegal drugs or alcohol(Webster 142). Preventing Problems Written policies and procedures can help employers protect themselvesagainst a variety of potential legal problems, and the employee handbook isthe way that many employers and human resources managers set out theseprocedures (McGreevy 38). This researchexamines specific areas where human resource managers should focus theirattention and considers ways in which human resource managers can worktoward providing as safe an environment as possible from a corporatestandpoint, while still meeting the needs of their employees. Introduction The human resource manager can be a key figure in helping companiesavoid legal liabilities in today's highly litigious business environment.By carefully monitoring the legal environment in which a company operatesand by creating an internal work environment which is sensitive to thelegal atmosphere as a whole, the human resource manager can help foster acorporate culture which actively seeks to provide ramifications other thanlegal conflict for resolving employee-employer disagreement. 1994: 84-91.Platt, Henry A. To protect against possible problems with the ADA, human resourcemanagers can create an employment environment with the ADA limitations inmind. Proposition 2 9 When California passed the California Civil Rights Initiative (CCRI),it set the stage for a new revolution in diversity issues. 1996: A32-A33.Webster, George D. 1994: 1-2.Perry, Phillip M. "Nonsexual Harassment Claims Hit HR's Desk." HRMagazine Mar. To avoid these situations, the human resource manager shoulddeal with agencies that have a strong and positive history, and have awritten agreement with the agency regarding who is responsible for hiringand disciplining employees (O'Brian 1). According to critics, Proposition 2 9effectively eliminates preferential treatment (quotas) and could affectprograms based on the minority makeup of organizations. 1994: 44.McGreevy, Susan. Works CitedBritt, Phil. "Learning More About Employment Law." Savings & Community Banker Sept. Conclusion Today's human resource managers must actively seek out legalinformation and work to incorporate that information into the workenvironment. Because all of theprocedures were not followed for this employee's termination, he sued (inNew Hampshire) and won his case because of the language in the handbook. "Respecting Employee Privacy." Association Management Jan. This dual system is likelyto bring about additional court challenges and may well pose bureaucraticdifficulties as organizations try to find way to accommodate two veryseparate sets of rules. Ostensibly, the ADA prohibits employment discriminationagainst people who are otherwise qualified for a position, but who may haveany one of a long list of mental or physical disabilities. Bymaintaining a close familiarity with the legal environment of theirindustry and particular business, human resource managers can help theiremployers avoid time-consuming and expensive litigation. For example, an employee successfully sued a company whose handbookstated that the employment contract was "at will" (meaning that eitherparty could terminate it without advance notice), but which also laid outspecific procedures for terminating an employee. However, care needs to go into the creation of an employeehandbook since some courts have ruled that these handbooks are legalcontracts that entitle employees to anything construed as a benefit in thehandbook. Court challengesare expected as the law is implemented, but the entire country will bewatching the outcome; if the legislation is held to be constitutional,similar measures will probably pass elsewhere in the nation (Schmidt A32). In anage of an increasingly diverse workforce with individuals from vastlydifferent backgrounds and cultural identities working together, thisbecomes a more challenging role for the human resource manager to play. Americans with Disabilities Act The American with Disabilities Act (ADA) also represents an area wherehuman resource managers must hone their skills in order to protect theiremployers. "How to Avoid Temporary Headaches." Supervisory Management Mar. In addition,the law prohibits discrimination against any condition which an employerperceives to be a disability. "An End to Affirmative Action?" Chronicle of Higher Education 25 Oct. Temporary workers can sue companies if the employerdiscriminates against them (based on EEOC guidelines) or if another workerin the company harasses them and no remedial action is taken by theemployer. As of July 1994, itsprotection extended to workers at organizations with as few as 15 employees(Perry 84). The Clarence Thomas-Anita Hill hearings cast the national spotlight onsexual harassment, but human resource managers must guard against any formof behavior or communication which can be perceived as providing anatmosphere which encourages both sexual and nonsexual harassment. Similarly, a company which does not have a drugscreening policy may request that an employee undergo a drug test if thatemployee is acting in a strange or impaired way. Thismeans that the temporary worker actually has two employers: the companyand the agency. The EqualEmployment Opportunity Commission (EEOC) defines unlawful harassment as"verbal or physical conduct that denigrates or shows hostility or aversiontoward an individual because of his or her race, color, religion, gender,national origin, age or disability, or that of his/her relatives, friendsor associates" (Platt 29). 1994: 29-34.Schmidt, P. "ADA Missteps." Training Oct. In some instances, programs which are federallyfunded are likely to coexist with state-funded contracts; in the firstsituation, failure to follow affirmative action procedures could result ina lack of funding, yet doing so in the second case would also result in apotential loss of funding. Drugtesting as a condition of employment or for employees who have notexhibited other questionable behavior has successfully been challenged incourt, but the issue of public safety has also been used to justify suchemployment procedures. When a company uses a temporary worker, the organization fallsinto the guiding principle known as the loaned servant doctrine. The effects of Proposition 2 9 are far-reaching because of thenumerous government contractors who are likely to be affected. Drug testing isincreasingly being used by companies as a pre-employment condition. With the passageof Proposition 2 9, the entire affirmative action and equal opportunityenvironment is likely to undergo severe upheaval from a legal point ofview, but encouraging and facilitating diversity in the workplace is stillthe human resource manager's best strategy. Identifying the essential functions of each job within theorganization is the first step because the ADA prohibits discriminationagainst those individuals who can perform these "essential" functions(Perry 86). Although usingan agency can protect employers from some of the difficulties associatedwith direct employees, other considerations must also be taken intoaccount.
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