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Employment Law Paper

1192 words - 5 pages

In organization's today, culture may take on several different meanings. Culture may refer to the environment in which an employee can expect to work, the practice of certain groups within a defined geography, or the set of shared attitudes, values, goals, and practices that characterizes an institution or organization (Merriam-Webster Online, 2007-2008). Some corporate cultures promote growth and personal development, while other organizations lead by fear and are driven by management that treat employees as commodities rather than people. Whether the organization is large or small, managers need to adhere to regulations that have been handed down by federal mandates and remain focused on the ethical treatment of the employees no matter what drives the culture within a particular organization.Riordan Manufacturing is a global plastics manufacturing company founded in 1991 by Dr. Riordan. The company employs more than 500 people and is headquartered in San Jose, California with plants in Georgia, Michigan, and Hangzhou, China. This paper will determine types of discrimination that may occur within Riordan Manufacturing along with evaluating the ethical and legal duties of management.The first possible type of discrimination within the Riordan Organization is Age Discrimination. In the company Intranet, under the human resource tab and employee files folder, a confidential memorandum on company letterhead titled "Confidential Memo: Collins v. McCauley" from Michael Riordan is available for any employee to view. This memorandum is an assessment of Kenneth Collins and Hugh McCauley-Candidates for Chief Executive Officer A section near the end of the memo clearly addresses the competency area of age. Both employees, Kenneth Collins and Hugh McCauley have a legitimate federal claim against the company for Age Discrimination in Employment Act (ADEA), as they are protected by the ADEA based on their current age.In 1967, Congress passed the Age Discrimination in Employment Act to prohibit employers from discriminating against individuals who were 40 to 65 years old. In 1986 the act was amended a second time to protect individuals over 40 years old. The U.S. Equal Employment Opportunity Commission (2007) states "it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training." The latest amendment gives older employees the option to continue working after they are 70 years old and receive the same health benefits as any other individual working for the same organization. The Older Workers Benefit Protection Act (OWBPA) is an amendment to the ADEA, which prohibits the discrimination with regard to employee benefits (Cheeseman, 2004).The second possible type of discrimination within the Riordan Organization is directed towards Americans with Disabilities Act of 1990 (ADA) with regards to...

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