LegalRegulations in Workplace Practices
LegalRegulations in Workplace Practices
Thestate, federal, and the state governments formulate laws thatregulate the workplace practices in all organizations operating inthe United States. The process of formulating these regulations isaccomplished with the help of various government agencies thatoversee different issues that affected employees or potentialemployees (Thibodeaux, 2013). Some of the major agencies that providelabor-related regulations include the U.S EOC, the Department ofLabor, the Homeland Security, and the ADA. The existence of a largenumber of the government agencies that regulate the workplace throughthe formulation of regulations imply that organizations are underpressure to observe rules and regulations. To this end, I agree withthe assertion that litigation has replaced common sense andcompassion.
Currently,organizational manager relies more on the legal requirements thatgovern human resources practices than their common sense.Consequently, managers do not treat their employees as well as thepotential employees well because they respect them, but because theyfear litigation that might arise from non-compliance with theregulations (Thibodeaux, 2013). This implies that the majority of theorganizational managers work hard to ensure that they observe rulesand regulations. This leaves them with no room for compassion and theuse of common sense. Over-reliance on laws in the workplace destroyedthe cooperative workplace culture since emotional response betweenemployees and their managers no longer exist. Lack of compassion aswell as the use of common sense has in turn increased thevulnerability of the organization to lawsuits. This is because thelack of the two features in the workplace results in stress, whichmakes workplace unsafe.
TheDepartment of Labor of the United States asserts that its regulationsare intended to promote, encourage and establish the welfare of thepeople who are earning wages, retired, and those who are seeking foremployment (UDL, 2014). Moreover, the department of labor focuses onenhancing the working conditions for people who are already employed,ensuring the rights and benefits that are related to work, andincreasing chances for profitable employment. The department achievesits objects by formulating clear regulations. Some of the commonregulations that govern the operations of the Department of Laborinclude the FEC Act and FLS Act. Organizations have no choice otherthan adhering to these regulations, failure to which they face therisk of being sued.
TheEqual Employment Opportunity regulations were formulated to protectthe job seekers from being discriminated against on the basis oftheir social characteristics, which include race, religion, age, andgender. These laws are administered by the Equal EmploymentOpportunity Commission, which ensures that all qualified persons aregiven an equal consideration during recruitment, promotion and otherlabor practices (U.S. Department of Labor, 2013). Failure to complywith EEO laws results in legal changes. For example, the commissionhandled an annual average of 80,000 charges related to thediscrimination of employees and potential employees between 1997 and2008 (U.S. Department of Labor, 2013). This set of strict rulesreduces the chances for employers to use their common sense inrecruiting competent employees and promoting those that they wish togive more challenges positions.
TheAmericans with Disabilities Act was enacted in the year 1990 toensure that no qualified American would be discriminated against inemployment processes, such as recruitment, job training, firing,promotion, or compensation (U.S. EEOC, 2014). The act protectsemployees from employer’s discrimination. This implies thatemployers are not required to put in place any type of barrier thatmight prevent individuals who are qualified for employments,promotion, or other labor practices from equal labor rights as thepersons without disabilities.
TheDepartment of Homeland Security (HS) was formed to ensure that allemployees are given safe working environment. This departmentrequires all employers to protect their employees from internal andexternal risks when carrying out their job-related roles. This isachieved with the help of safety laws, such as the Occupation Healthand Safety Act (Gamex, Balkin & Cardy, 2014). Moreover, HSrequires organizational managers to ensure that all risks arecontrolled depending on the organization’s work hours, location,and business operation. In addition, HS formulates regulations thatallow employers to hire foreigners on a temporary basis, especiallyfor jobs that American citizens are not suitable (Walsh, 2009).
Inconclusion, the existence of a large number of laws and rules thatregulate labor processes deny organizational managers an opportunityto use their common sense and compassion. Most of these regulateswere formulated to ensure that employees and potential employees aregiven a fair consideration in all employment processes. In addition,the government agencies (including the Department of HomelandSecurity) focus on the security of all workers. Although theseregulations are intended to protect the welfare of all employees, itis evident that they limit the autonomy of employers as well as theorganizational managers in matters pertaining to the labor processes.
Gamex,R., Balkin, B. & Cardy, R. (2014). Managinghuman resources (7thed.).Upper Saddle River: Prentice Hall.
Thibodeaux,W. (2013). The importance of employment laws and compliance withintentions of the laws. Santa Monica: Demand Media.
U.S.Department of Labor (2014). Employment law assistance. USDL.Retrieved December 7, 2014, from http://www.dol.gov/#
U.S.Department of Labor (2013). Equal employment opportunity. USDL.Retrieved December 7, 2014, fromhttp://www.dol.gov/dol/topic/discrimination/
U.S.Equal Employment Opportunity Commission (2014). Americans withDisabilities Act of 1990 (ADA) Charges. EOC.Retrieved December 7, 2014, fromhttp://www.eeoc.gov/eeoc/statistics/enforcement/ada-charges.cfm
Walsh,J. (2009). Humanresource and employment law.Boston, MA: Cengage Learning.