Employment Law Brief
The Clapton Commercial Construction Company located in Detroit, Michigan, is planning to expand its business into the state of Arizona. It is a medium-sized company with 650 employees and possibly increasing an additional 20% in the new state. Prior to the move, the human resources (HR) department must be aware of applicable employment laws that may affect the business. Outlined below are brief summaries and consequences for noncompliance of the following employment laws: Title VII of the Civil Rights Act of 1964, the Immigration Reform and Control Act (IRCA), the American with Disabilities Act of 1990 (ADA), and the Fair Labor Standards Act of 1938, as amended (FLSA). Relevant Employment Laws
Title VII of the Civil Rights Act of 1964 is the first employment law to consider. It prohibits discrimination on the basis of race, color, religion, sex, or national origin in aspects of employment such as hiring, wages, assignment, promotions, benefits, and discipline. “Title VII is the most important federal Equal Employment Opportunity law because it contains the broadest coverage, prohibitions, and remedies” (Cascio, 2013, p. 83). Under the law, the Equal Employment Opportunity Commission (EEOC) exists to implement laws dealing with employment discrimination. According to Cascio (2013), the law was expanded in 1972 to cover almost all public and private employers with 15 or more employees; except private clubs, religious organizations, and Indian reservations. The EEOC has the authority to conduct investigations, create resolution programs, and file lawsuits. Failure to comply with Title VII exposes the employer to both civil and criminal lawsuits with possible outcomes of fines, compensatory and punitive damages, or even imprisonment. The company may also have to reinstate or promote the affected employee. In 1991, the Act amended several statues enforced by the EEOC. Parties were able to obtain...
References: Association of Corporate Counsel. (2013). The Americans with disabilities act. Retrieved from http://www.acc.com/legalresources/quickcounsel/tawda.cfm.
Cascio, W. F. (2013). Managing human resources: Productivity, quality of work life, profits (9th ed.) Boston, MA: McGraw-Hill/Irwin.
Craig, F., Balitis, J. & Meister, S. (2013). Arizona’s minimum wage increase takes effect January 1, 2014. Retrieved from http://www.lexology.com/library/detail.aspx?g=493cac6a-2b7e-4f71-8f0a-91012dcc0e32.
Department of Homeland Security. (2013). Enforce and administer our immigration laws. Retrieved from https://www.dhs.gov/enforce-and-administer-our-immigration-laws.
United States Department of Labor. (2013). Wage and hour division. Retrieved from http://www.dol.gov/whd/minwage/america.htm.
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