Employment Law Compliance Plan

Topics: Employment, United States, United States Constitution Pages: 8 (1476 words) Published: January 26, 2015


Employment Law Compliance Plan
Breanna Marini
HRM/531
January 12, 2015
Penny Wilkins
Employment Law Compliance Plan
To: Bradley Stonefield, CEO of Landslide Limousines
From: Breanna Marini, Atwood and Allen Senior Consultant
Re: Employment Law Compliance Plan
Date: January 12, 2015

Background Information
Traci Goldman of Atwood and Allen Consulting spoke to Bradley Stonefield on behalf of Landslide Limousines. Stonefield anticipates offering a limousine service to provide first-class transportation in Austin, TX, with a goal of attaining 25 employees within the first year (University of Phoenix, 2012). Based upon these projections, the following will address relevant employment laws from discrimination, compensation, health and safety, and motor vehicle regulations, along with the consequences of noncompliance. Applicable Laws

V Amendment of the United States Constitution
XIV Amendment of the United States Constitution
Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1991
Fair Labor Standards Act (FLSA)
Texas minimum wage act
the occupational safety and health act
motor carrier safety improvement act of 1999

Discrimination
When hiring employees, employers must be aware of different types of discrimination prohibited by federal laws. To start, the Fifth and Fourteenth Amendments of the United States Constitution limits the power of discrimination. The Fifth Amendment has a specific requirement that one may not deprive an individual of “life, liberty, or property” (U.S. Const. amend V), while the Fourteenth Amendment prohibits violating an individual’s rights of equal protection and due process (U.S. Const. amend XIV, §1). These Amendments to the Constitution prevents employers from treating employees or job applicants unequally while allowing them to seek a fair procedural process prior to denial for employment or termination. The Fourteenth Amendment also provides that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” meaning that all federal laws will apply to state jurisdictions (U.S. Const. amend XIV, §1). Another law that further clarifies employment law under discrimination is Title VII of the Civil Rights Act of 1964, section 2000e-2. This law states that employer practices shall be unlawful in the event they “…fail to refuse to hire or to discharge any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin” (United States Equal Employment Opportunity Commission, n.d.). In the event an individual files a claim with allegations of discrimination, an investigation will be conducted, allowing the respondent (employer) 10 days to dispute the accusations. If the commission is unable to determine reasonable cause, the case will be dismissed. On the other hand, if the commission believes there is reasonable cause affirming the allegations, they will attempt to “eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion” (United States Equal Employment Opportunity Commission, n.d.). In the event the employer makes this information public he or she will also be in violation of the law and will be “fined not more than $1,000 or imprisoned for not more than one year, or both” (United States Equal Employment Opportunity Commission, n.d.). Furthermore, the Civil Rights Act of 1991 amended the Civil Rights Act of 1964 to strengthen and improve the Federal civil rights laws, providing damages in cases of intentional employment discrimination, and clarifying requirements regarding unequal actions. The Civil Rights Act of 1991 also allows the complainant to recover “compensatory and punitive damages as allowed in subsection (b) of the American Disabilities Act of 1990” (United States Equal Employment Opportunity Commission,...

References: University of Pheonix. (2012). Atwood and Allen Consulting [Multimedia]. Retrieved from University of Pheonix, HRM531 website.
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