HCM 2004 Human Resource Management and the Law
HCM 2004 Human Resource Management and the Law
List three issues and environmental forces facing human resource management in the health care setting today. Cite their impact and identify at least two current initiatives being used to overcome them.
One of the most important pieces of HRM legislation, which affects all of the functional areas, is Title VII of the Civil Rights Act of 1964 and subsequent amendments, including the Civil Rights Act of 1991. These acts made illegal the discrimination against employees or potential recruits for reasons of race, color, religion, sex, and national origin. It forces employers to follow—and often document—fairness practices related to hiring, training, pay, benefits, and virtually all other activities and responsibilities related to HRM. The 1964 act established the Equal Employment Opportunity Commission to enforce the act, and provides for civil penalties in the event of discrimination.
The net result of the all-encompassing civil rights acts is that businesses must carefully design and document numerous procedures to ensure compliance, or face potentially significant penalties. Another important piece of legislation that complements the civil rights laws discussed above is the Equal Pay Act of 1963. This act forbids wage or salary discrimination based on sex, and mandates equal pay for equal work with few exceptions. Subsequent court rulings augmented the act by promoting the concept of comparable worth, or equal pay for unequal jobs of equal value or worth.
HCM 2004 Human Resource Management and the Law
Other important laws that govern significant aspects of labor relations and human resource management include the following:
- Davis-Bacon Act of 1931—This law requires the payment of minimum wages to nonfederal employees.
- The Norris-Laguardia Act of 1932—This law protects the rights of unions to organize, and prohibits employers from forcing job applicants to promise not to join a union in exchange for employment.
- The Wagner Act of 1935—This law, also known as the National Labor Relations Act, is the main piece of legislation governing union/management relations, and is a chief source of regulation for HRM departments.
- Social Security Act of 1935—This law was enacted in order to protect the general welfare by establishing a variety of systems to assist the aging, the disabled, and children.
- The Walsh-Healy Public Contracts Act of 1936—This law was designed to ensure that employees working as contractors for the federal government would be compensated fairly.
- Fair Labor Standards Act of 1938—this important law mandated employer compliance with restrictions related to minimum wages, overtime provisions, child labor, and workplace safety.
- Taft-Hartley Act of 1947—This law created provisions that severely restrict the activities and power of labor unions in the United States.