HR Legal Issues & Management Practices PDF

​ Employees are a company's biggest assets ​ People will never return to a business because of bad service ​ Employee productivity was reference in 1800 BC in the babylonian code of Hammurabi ​ Social security Act of 1935 ​ Fair labor standards act of 1938 ​ Established mi...

​ Employees are a company's biggest assets ​ People will never return to a business because of bad service ​ Employee productivity was reference in 1800 BC in the babylonian code of Hammurabi ​ Social security Act of 1935 ​ Fair labor standards act of 1938 ​ Established min hourly wage rate ​ Marriot - we put people first. Take care of associates and they will take care of the customers After COVID ​ Job growth has came back but not the workforce preferences AI ​ What degree can people work from home? ​ Should a company automate? Social Media ​ What can employees post? ​ HR legal question in terms Most organizations employ five generations of workers from matures to millennials Experience management ​ Experience management into guest service strategies. Experience or memories last a life time versus simply owning material things. ​ People spend money onn experiences, Satisfaction up. People who spend money on physical things. Satisfaction down. ​ Experience management can be applied to the experiences employees have in their working environment ​ Generalist Human resources manager/director/ Executive. ​ Many aspects of HR will be explored in the setting of Hospitality business Employee process ​ Warm welcome ​ Exceeding expectations Civil Rights Act of 1964 ​ Can’t discriminate based on: ​ Race ​ color ​ sex, orientation, preference, Sexual harassment ​ Religion ​ National Origin ​ Includes cases of retaliation ​ This law was amended June 2020 based on a Supreme court decision to include sexual preference/orientation Employment decision should be based on ​ Bona Fide Occupational qualifications (BFOQs) ​ Business necessities ​ This has to be due to women working in a female locker room ​ Or men working in stuff only male can do or see Sexual Harassment- legal definitions ​ Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature constitute sexual harassment when- ​ 1. Such conduct is made either explicitly or implicity a term or conditions of employee (quid pro quo) ​ 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual ​ 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating Hostile or offensive work environment. ​ Courts have interpreted sex discrimination to be sexual harassment ​ Quid pro quo ​ Something for something ​ Behavior or demands for sex that forces an employee to choice between giving in to sexual demands or losing his/her job, promotion, benefits, or sufference of negative consequences ​ Company held accountable whether or not they tried to correct the situation Hostile work environment ​ A workplace infused with intimidation, ridicule, and insult that is severe or pervasive enough to create a seriously uncomfortable or abusive working environment severe enough that a reasonable person would find it intimidating. Two 1998 Supreme Court decision on Sexual harassment ​ By law sexual harassment can involve same-sex harassment ​ Employees can be held responsible for supervisors’ misconduct even if they knew nothing about it Age discrimination in employment Act of 1967 ​ Protect 40 or older ​ Unlaw to include age preferences ​ Applies to private and government employers with 20 or more employees Pregnancy Discrimination Act of 1978 ​ Prohibits discrimination on basis of pregnancy, childbirth, or medical conditions ​ Prohibits employers from refusing to hire pregnant applicants if they can perform the essential job functions unless there are health risks involved for the mother or unborn child. ​ Employer must hold open a job for pregnancy-related absence the same length of time for jobs held open for sick or disability leave. Americans with disability act (ADA) of 1990 ​ As with the other civil rights laws, covers employers with 15+ employees. ​ Covers qualified individuals with disabilities from being discriminated in every facet of employment from recruiting, hiring, training, promotions, transfers, benefits, compensation, job assignments and scheduling, lay-offs, leaves and termination and other terms, conditions and privileges of employment ​ Mental or physical disability ​ Protects (3) different groups of individuals  ​ An individual with a physical or mental impairment that substantially limits a major life activity ○​ Examples are: seeing, hearing, talking, walking, reading, learning, breathing, taking care of oneself, lifting, sitting, and standing. ○​ A person who has a record of disability ○​ A person who is “regarded as” having a disability ​ People who used to have cancer and are in remission Summary ​ The profession of HR is built on the understanding that employees are a company’s most important asset ​ “Experience Management” was once thought most important for customers and guests. While it still is for these stakeholders, the application of “Experience Management” for employees is increasingly embraced by successful organizations in building an engaged, productive workforce. ​ This course will focus primarily on federal laws related to employees. Laws on the state, city and county level can be more involved and stringent than federal laws. Always know the applicable laws for your work location(s). ​ The first major federal employment law was the Civil Rights Act of 1964, Title VII. Knowing the protected groups of people covered by this law is important. After the law was passed in 1964, additions were in the areas of sexual harassment, sexual preference and sexual orientation. ​ Additional laws covered in Module 1 that are important to understand: ○​ Age Discrimination in Employment Act of 1967 ○​ Pregnancy Discrimination Act of 1978 ○​ Americans with Disability Act of 1990 ​ Important legal terms from Module 1 to know: ​ Bona fide occupational qualifications ​ Treble damages in cases where retaliation can be proven ​ Quid pro quo sexual harassment ​ Hostile or offensive work environment ​ Essential job functions