Virtual Organization Employment Law Paper

Introduction

Discrimination in the workplace has been one of many focal points of standard company policies for over 30 years now. Amazingly, in the history of the United States, even after Lincoln’s Emancipation Proclamation and yes, even after the suffrage movement granting women the right to vote, it was not until the mid-1960s that equal opportunity laws outlawed discrimination in the workplace based on race and sex!

Reviewing the Virtual Business, Riordan Industries, I find they have quite a diverse group of people. Riordan is a non-union company, but they do have strict policies in place regarding employee conduct and work rules, and solid policies on sexual and other unwanted harassment. They also operate in compliance with the Immigration Reform and Control Act of 1986 in that they employ legal U.S. citizens and aliens who are legally authorized to work in the United States.

Types of Discrimination in the Workplace and Applicable Laws

• Age Discrimination

• The Age Discrimination in Employment Act of 1967 (ADEA)

• Disability Discrimination

• Americans with Disabilities Act of 1990

• Equal Pay and Compensation Discrimination

• Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964

• National Origin Discrimination

• Title VII of the Civil Rights Act of 1964

• Pregnancy Discrimination

• Title VII of the Civil Rights Act of 1964

• Race-Based Discrimination

• Title VII of the Civil Rights Act of 1964

• Religious Discrimination

• Title VII of the Civil Rights Act of 1964

• Retaliation

• Title VII of the Civil Rights Act of 1964 and Americans with Disabilities Act of 1990

• Sex-Based Discrimination

• Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964

• Sexual Harassment

• Title VII of the Civil Rights Act of 1964

As shown above, many of the types of discrimination are covered by Title VII of the Civil Rights Act of 1964. It prohibits workplace discrimination based on religion, ethnicity, country of origin, race and color. Such discrimination is prohibited in any aspect of employment, including recruitment, hiring, promotion, benefits, training, job duties, and termination. Workplace harassment is also prohibited by Title VII. In addition, an employer must provide a reasonable accommodation for religious practices unless doing so would result in undue hardship.

The law prohibits retaliation against an individual because s/he has engaged in protected activity, which includes filing a charge, testifying, assisting, or participating in any manner in an investigation, or opposing a discriminatory practice. Employers with 15 or more employees are required to comply with Title VII. Title VII also prohibits discrimination by most unions and employment agencies.

Managers and supervisors have special responsibilities with respect to the policy against discrimination and harassment. They must understand the company policy prohibiting discrimination and harassment. Generally, Riordan’s anti-discrimination policy requires that employment decisions and actions are made without regard to a person's race, gender, age, gender identity, sexual orientation, national origin, veteran status, color, citizenship status, or marital status. Examples of employment decisions include but are not limited to, evaluating employees' performance; making recommendations on hires, transfers, development opportunities and promotions; recommending discipline, corrective action and termination.

Not only must managers and supervisors conduct themselves in a manner consistent with this policy, they are also responsible for establishing and maintaining a work environment free of unlawful harassment and unlawful discrimination. Managers and supervisors must educate employees on the policy. They must maintain open lines of communication, allowing employees to express their concerns without fear of retaliation. They must stop any form of harassment they observe. They must identify incidents of discrimination immediately and report them to their assigned human resources representative and their organization management. Managers and supervisors must ensure, with assistance from human resources and Security, that an investigation of allegations of discrimination or harassment is initiated immediately