Legal Issues PAGE 2
Legal Issues in Reduction of Workforce SimulationUniversity of PhoenixLegal Issues in Reduction of WorkforceThe business world today demonstrates an increase of companies downsizing, restructuring or laying off personnel. Some factors that contribute to this are business stipulations, financial issues, organizational invention, continuing, and other miscellaneous items. "In the first quarter of 2007, there were 965 mass layoff events which resulted in the separation of 139,269 workers from their jobs for at least 31 days, according to the U.S. Department of Labor's Bureau of Labor Statistics" (Mass, 2007, para1). No matter what term is used, companies have to be vigilant in following certain guidelines to protect themselves from litigation.The simulation "Legal Issues in Reduction of Workforce" requires one to select three out of five employees for termination to maximize benefits for the FastServe Company. Due to several issues, the company has decided to move out of the online distribution division where the employees currently work. The five employees are Carl Haimes, Brian Carter, Sarah Boyd, Nora Manson, and Jenny Mills. FastServe Company will retain two of the five employee's based on their performance and skill set. In order to begin the task, one had to review each employee's human resource data for the last two years. This data contains the performance, productivity, special achievements, and educational qualification, sample skill sets, job responsibility, absenteeism, and status. In addition, one must explore possible legal fallout from the termination of those particular employees. Here is a table identifying the possible employment law concepts that would affect each employee up for termination:
Employment Law Concepts
Sexual Orientation Discrimination and Title VII of the Civil Rights Act of 1964
The hostile work environment falls under the title of sexual harassment. This type of sexual harassment is "one in which coworkers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti" (Reed, Shedd, 2005, p 452). Title VII of the Civil Rights Act of 1964 does not specifically address sexual orientation but it does prohibit discrimination based on sex (Reed, Shedd, Morehead, & Corley, 2005, p. 456).
American Disabilities Act (ADA)
The ADA prohibits employer discrimination against job applicants or employees based on (1) their having a disability (2) their having had a disability in the past, or (3) their being regarded as having a disability (Reed, Shedd, Morehead, & Corley, 2005, p. 464)
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against employees ages 40 and older, and it prohibits the mandatory retirement of these employees (Reed, Shedd, Morehead, & Corley 2005, p. 462).