Legal,_Safety,_and_Regulatory_Requirements

Legal, Safety, and Regulatory Requirements Jenny Cook HCS 341 October 3rd, 2011 Joanne Kronstedt Legal, Safety, and Regulatory Requirements Major Points The article made three major points in regards to a complaint of unacceptable behavior (sexual harassment): 1. After discovering a problem exists and a solution to that problem it is important to prevent it. As stated in the article, “an ounce of prevention is worth a pound of cure.” Employers will have a complex, costly, and less proficient workplace if they do not spend the time to create preventative measures and abide by the Equal Employment Opportunity laws. 2. Sexual harassment cannot be ignored in the workplace. According the article, the Equal Employment Opportunity Commission has reported that the number of complaints has declined for six straight years. Mostly because companies are fixing the problems before they become lawsuits. It is stressed that it is an employer’s responsibility and legal obligation to keep such violations out of the workplace. 3. In addition to putting proper policies and procedures in place, orientation and continuous periodic training are the best ways to prevent litigation problems from occurring. The article also points out that adopting a sexual harassment policy and monitoring workplace may not be the only viable solutions when it comes to sexual harassment. Training supervisors and managers, as well as employees, is the major step in preventing sexual harassment, and that periodic training, which is actually the law in some states, is required besides the original orientation. Methodology and Epistemology The article was well thought out and written in terms of defining sexual harassment, explaining the legal issues involved, and describing what needs to be done to prevent it from happening in a workplace. The fact that it did not give a clear cut case of sexual harassment gives the reader an opportunity to understand what defines sexual harassment, and what an employer needs to do when facing such a complaint, which is conducting an internal investigation, interviewing the parties involved and witnesses. The outcome that the company concluded the action, although inappropriate, was not sexual harassment further clarifies the definition. The article also mentions the 1964 Civil Rights Act and the Age Discrimination Act of 1967. It explains and gives further analysis using different explanation methods to clarify any legal issues involved. To describe the prevention methods, the article offers an idea for what the employer needs; training. The article’s approach and statements made on how to deal with legal matters are valid and true. Managing harassment and discrimination problems is not only an obligation as discussed, but also makes good business sense. Maintaining a workplace free of discrimination and harassment, doing whatever is necessary to prevent complaints from occurring in the first place, and stopping them before they reach the level of lawsuits are acceptable methods of dealing with legal issues. Quality and Utility Even though I have not yet encountered sexual harassment or other discrimination litigation problems in my current organization, such cases were very common in two other organizations that I have worked for, which were among the largest corporations in the nation. One thing in one of my first employers was that I was not trained or even told anything about the Equal Employment Opportunity laws. It was used more like a disclaimer. The other organization I am involved with is more concerned, posting some information on bulletin boards. As such, the article’s information would be very useful to my current or previous organizations in that it will enlighten Human Resources or those in charge to properly educate employees, supervisors, and managers through orientation and periodic trainings. For example, the excellent information contained in this article would have made a difference during the time when four employees in my own department were facing investigation and disciplinary actions because of a harassment complaint filed by one female employee. It was clear that if those employees were given proper training and periodic reminders to avoid complacency, the situation could have been easily prevented. As the article stated, prevention through training is better, and is possible. Conclusion After reading and reviewing the article, I was able to conclude that there can be few principles employers or Human Resources can follow that would minimize the risk of Equal Employment Opportunity violation lawsuits, and maximize employee satisfaction. Besides adopting clear policies and procedures regarding these laws, or updating them to make sure they are in compliance with current laws, training managers, supervisors, or those who are in the front lines, as well as employees if possible, is the best way to prevent such litigation problems. People with basic working understanding of the laws are less likely to violate them, and the investment in training will worth more in saving time and money. References (3) Devanna, M., Fombrun, C., Tichy, N. (Vol. 9, Issue 3, p51-67, 17p). Human Resources Management. A Strategic Perspective. Retrieved on October 3rd, 2011 from, http://ehis.ebscohost.com/ehost/detail'vid=5&hid=103&sid=08073ad7-1b7c-4438-8004-379ac6d0a443%40sessionmgr113&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=bth&AN=5141936 Gomez-Mejia, L. R., Balkin, D. B., & Cardy, R. L. (2010). Managing human resources (6th ed.). Retrieved from The University of Phoenix eBook Collection Solnik, C. (2006, September). Employers told to prevent sexual harassment through policies, training, and procedures. St. Charles County Business Record (MO). Retrieved on October 3rd, 2011.