Human Resource Management 1. Describe the process through which the legal contex

Question

Human Resource Management

1. Describe the process through which the legal context of human resource management is created.

2. What is illegal discrimination? What is legal discrimination?

3. Identify and summarize the various forms of illegal discrimination.

4. Identify and summarize five major laws that deal with equal employment opportunity.

5. Why is most employment regulation passed at the national level, as opposed to the state or local level?

6. In the case of a conflict between a legal and an ethical consequence of a human resource decision, which do you think should take precedence? Explain your reasoning.

Explanation / Answer

1. The guarantee of equal employment opportunity is given through title VII of the Civil Rights Act of 1964. This was ameded in 1972 to Equal Employment Opportunity Act and to the Civil Rights Act of 1991 to grant equal employment opportunity without regard to race, gender,ethnic origin or color.

Other acts which deal with various aspects of employment discrimination have been passed from time to time to protect the employees against discrimination on grounds of disability, age, pregnancy, and equal pay for equal work to both genders. Acts like Medical and family leave act as well as Occupational Health and Safety Act also grant certain rights to the employees to better work conditions.

2. Illegal discrimination is violaion of any of the anti discrimination laws laid down by the government. Legal discrimination is the case where the law may put a category of employees in a favourable position owing to their suitability for that particular role.( such as fixing a certain minimum height or weight or vision for a military role)

3. The discrimination basis that are banned by the law are related to the age. gender, race, color, ethnicity, religion and mental ability. Other grounds of discrimination are based on age and pregnancy status.

4. The five major laws dealing with EEO.

(a) Age discrimination act of 1975 -

(b) Americans with disabilities Act 1990

(c) Civil rights Act 1991 ( Title VII of the Civil Rights Act amended )

(d) Equal pay act of 1963

(e) Pregnancy discrimination Act of 1978.

5. The employment laws are passed on national level to include most employees under its effect and ensure uniformity and its compliance in effective manner.

6. Though ethical behaviour should be given prime importance while making a human resource decision,legal consequence should preside on ethical standards. However, at the same time, those laws which promote violation of ethics should be challenged through a valid procedure to amend them and make them ethically complaint, so that there are no more conflicts betwene law and ethics in future.

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