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HRM
Equal Employment Opportunity and Employee Rights Review
The Office of Civil Rights (OCR) in the United States is the organization that ensures compliance with anti-discrimination acts such as the Pregnancy Discrimination Act of 1978 and the Drug-Free Workplace Act of 1988. These are two completely different acts, in that the Pregnancy Discrimination Act of 1978 explicitly prevents discrimination against pregnant women and is therefore an employee rights act; whereas the Drug-Free Workplace Act applies only to federal employers and does not extend even to contractors. While it does theoretically protect some workers from the potential dangers of working with colleagues under the influence, the Act is limited in scope and in fact, potentially enables federal agencies covered under the act to violate civil liberties of employees via drug testing. It is worth noting, however, that the Drug-Free Workplace Act does not require nor authorize drug testing (United States Department of Labor, n.d.). Moreover, the Drug-Free Workplace Act does not necessarily include alcohol or prescription...
Employers can voluntarily test for these substances, but they are not required to. These substances can cause harm in the workplace environment, showing that the Drug-Free Workplace Act of 1988 is significantly limited in scope. Penalties for non-compliance with the Drug-Free Workplace Act include fines.
On the other hand, the Pregnancy Discrimination Act of 1978 is an extension and amendment of the Civil Rights Act of 1964. It has a broader application than the Drug-Free Workplace Act, even if it applies only to pregnant females and not to expectant fathers. The Act covers "hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment," (United States Equal Opportunity Commission, n.d.). When the pregnancy impedes the ability to perform work duties, the employer is obliged to treat the individual as if she is on disability leave. In other words, the employer "may have to provide light duty, alternative assignments, disability leave, or unpaid…
References
"Drug-Free Workplace Act of 1988," (n.d.). Society for Human Resource Management. Retrieved online: http://www.shrm.org/legalissues/federalresources/federalstatutesregulationsandguidanc/pages/drug-freeworkplaceactof1988.aspx
United States Equal Employment Opportunity Commission (n.d.). The Pregnancy Discrimination Act of 1978. Retrieved online: http://www.eeoc.gov/laws/statutes/pregnancy.cfm
United States Department of Labor (n.d). Drug-Free Workplace Act of 1988. Retrieved online: http://www.dol.gov/elaws/asp/drugfree/screenfq.htm
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