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¶ … HR
In this analysis, I tackle the legal provisions on the fundamentals of human resource (HR). The chosen laws are Age Discrimination in Employment Act of 1978 and Americans with Disabilities Act of 1990 while the chosen issue is Drug-Free Workplace Act. For each selected law or issue, I locate a present-day court case that has challenged your selected law or issue.
Selected Laws
Age Discrimination in Employment Act (ADEA) of 1978.
The Age Discrimination in Employment Act of 1978 forbids all sorts of employment discrimination against individuals who are at least forty years old in the U.S. (Feder, 2010)
A good company must have a multicultural and diversity policy aimed at ensuring that there is no sort of discrimination in the company. Age is one of the variables of diversity. Cox (2011) noted that the proper management of diversity in an organization can be a source of competitive advantage in the domains of problem solving, resource acquisition as well as marketing. Poor management of diversity can also lead to the opposite-Law suits as see in the case Price Waterhouse v. Hopkins
. This was a case touching on Gender/Sex as well as Age Sterotyping).The other case is Kimel v. Florida Bd. Of Regent
. In this case, the U.S. Supreme Court effectively held that no state employee can successfully sue the state for any form of monetary damage under the Age Discrimination in Employment Act (ADEA) of 1978 in federal court. However, the EEOC can still enforce the Age Discrimination in Employment Act (ADEA) of 1978 against the state and the state employee may effectively sue state officials for any form of injunctive or declaratory relief (Feder,2011).
2.2 Americans with Disabilities Act (ADA) of 1990.
The Americans with Disabilities Act (ADA) of 1990 is a broad civil rights law that effectively prohibits all sorts of discrimination on the basis of disability. Disability too is an element of workplace diversity. No one should be discriminated against by virtue of being disabled. The HR department of all organization must encourage diversity and put in place policies that can effectively protect the rights of the disabled to equal employment opportunities.
3.0 Selected Issues
3.1 Drug-Free Workplace Act
References
Feder, Jody. "The Age Discrimination in Employment Act (ADEA): A Legal Overview." Congressional Research Service, June 23, 2010, p. 2. Retrieved 22nd December,2012.
see 29 U.S.C. § 631(a)
See Price Waterhouse v. Hopkins, 490 U.S. 228 (1981)
Kimel v. Florida Bd. Of Regents, 528 U.S. 62 (2000)
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