Employment Law Essay Example | Topics and Well Written Essays - 1000 words - 1

Employment Law - Essay Example Although a decentralized HR model has its advantages, the decentralized model creates loopholes for the abuse of power bestowed upon department heads by the system. According to a new employee in the HR department, the company faces a couple of challenges with regards to its HR practices in various departments.The most distinct of challenges are discrimination, code of conduct with reference to favoritism and employee relations. These challenges can be addressed using the guidelines set out by the Employment Law. This paper seeks to highlight the use of Issue, Rule, Application and Conclusion (IRAC) model of legal analysis. Issue: Ron is a potential candidate for recruitment at ABC Manufacturing Company but the head of the department he might wish to work in is bias against him because he is an amputee. This raises the question whether it is legal to deny such a candidate an employment opportunity due to his incapacitation.Rule: The Equal Employment Opportunity Commission (EEOC) is a federal government department that is tasked with dealing with employment discrimination claims (Rothstein and Liebman 12). The United States constitution protects the rights of people with disabilities under the Americans with Disabilities Act (ADA). The ADA is enforced by the EEOC, which prohibits public and private employers from discriminating against people based on disability. The precedent set by the case involving Sutton vs. United Airlines Inc. saw the definition of the disability as ‘a physical or mental impairment that significantly limits an individual’s life activities’ (Rothstein and Liebman 18). According to the guidelines stipulated in the act, denial of a job opportunity should be based on merit, professional ability and competence (Rothstein and Liebman 20). Application: The ABC head of HR should consider the implications of these guidelines and legislation, and find an amicable solution to the problem that protects the interests of the company and is satisfactory to the subject. This is because the law clearly states that discrimination based on discrimination is illegal. Having a person who has a part of their arm missing from amputation in a maintenance department would contribute to the department’s inefficiency. Despite this obvious fact, the law that gives them the right of access to gainful employment without bias brought by their disability protects such an individual. Conclusion: Denying individuals an employment opportunity because they are disabled is illegal which is stipulated under ADA.It is arguably clear that Ron can not hold the same position that he held with his former employer because of the obvious incapacities brought by his condition. To avoid a damaging lawsuit against the company, Jim the maintenance department manager can be advised to decline Ron’s application based on other merits. The alternative is to offer Ron a job position that he can competently handle if he is qualified for that position. This will help pacify Ron and avert problems for the company, which could have long lasting and negative implications. Issue: Do Robb’s actions qualify to be regarded as sexual harassment under employment law? In ABC Manufacturing, the head of the comptroller department, Robb, is upset about Betty the purchasing department’s manager for dumping him in order to have a relationship with another employee. Robb contemplates making a complaint against Betty as a way of getting back at her for the dismissal. This raises the question whether this kind of behavior or sentiments towards other employees should be condoned.Rule: Under the EEOC guidelines, it is forbidden