Equal Employment Opportunity and Employee Rights

Introduction

The rights of employees are very important from the human resources perspective. These laws ensure that whereas employees have to submit to certain processes they also have rights or in some cases boundaries that cannot be violated. Just like in society there are laws to be followed to make sure citizens keep a certain code of living; in the workplace there are laws that establish boundaries to make sure the employer does work practices justly. Many laws exist related to employers and employees such as hiring procedures, wage and hour laws, time off work, rights against harassment or discrimination in the workplace, health and safety, workers compensation, privacy at work, losing or leaving a job, and even collecting unemployment.

The purpose of this paper is to review three of these acts; the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and the Drug-Free Workplace Act of 1998. Information in this document includes information about these acts such as details about what they are, a present-day case, the implications of HR with the laws, and examples of HR policies that support these laws.

Americans with Disabilities Act of 1990

The Americans with Disabilities Act of 1990 provided equal employment opportunities to persons with most types of disabilities. It also calls for employers to make ‘reasonable accommodations' for persons with disabilities (DeCenzo & Robbins, 2007). The United States Equal Employment Opportunity Commission details that these accommodations should include making the facilities available and accessible for use by persons with disabilities, and reorganize, or modify schedules and positions (Facts About the Americans with Disabilities Act, 2008). Examples of such provisions would be wheel-chair ramps, railings in hallways and rest rooms, and training materials in Braille.

Under the Disability Act no one can be denied public service because of his or her disability (U-S-History.com). In 2004, there was a case entitled, "Tennessee versus Lane." This case was brought about because the upper levels of the Tennessee state courthouse did not have disability access. The Supreme Court ruled in favor of Lane because they were in violation of the Disability Act.

The Americans Disability Act of 1990 was enacted to protect people from discrimination of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, housing, public accommodations, education, transportation, communication, 2011). The Americans Disability Act of 1990 also prohibits discrimination against an essentially qualified individual, and requires enterprises to reasonably provide accommodations for individuals (DeCenzo & Robbins, 2007)

The ADA makes it unlawful for human resources departments to discriminate against individuals with a disability. During an application process an individual with a disability may have a request due to his or her disability, and the employer may be required to make a reasonable accommodation for conducting the interview. If an applicant is called for an interview and he or she asks the employer for a special request, due to a disability, the employer, without causing any undue hardship must reasonably accommodate the candidate (U.S. EEOC, 2005).

Following is an example of a Human Resource policy that would be considered compliant with the Americans with Disabilities Act of 1990: equal employment opportunity will be given to all persons including those with disabilities. Qualified individuals with disabilities will receive ‘reasonable accommodations to provide a qualified individual access to the job' (DeCenzo & Robbins, 2007). No discriminatory acts will be made against persons with disabilities. Contagious diseases are considered a condition of being disabled. Discrimination against persons with disabilities will not be tolerated and is strictly prohibited.

Civil Rights Act of 1991

The Civil Rights Act of 1991 was a follow-up statute to the Civil Rights Act of 1964 that prevented the rights of employees who sued their employers for discrimination. Persons have been discriminated on the grounds of sex, color, religion, ethnicity, economic status, or race. This law reversed specific employment discrimination-related decisions by the Supreme Court. The Act of 1991 amended the previous Act and gave the employee the right to a trial by jury in cases involving discrimination, but still limiting the amount awarded by a jury. It also required that an employer has the responsibility to provide all evidence of proof (The Civil Rights Act of 1991, 2010).

The case for the Civil Rights Act of 1991 is CBOCS West Inc, versus Humphries, Humphries stated that he was dismissed from his job