Recall from the Management Team Briefing on Employment Laws Assignment that the company in the assignment was the defendant in some HR-related lawsuits; claims of harassment, failure to reasonably accommodate disabilities, and work-life balance issues were made by employees, forcing the company to answer to the claims in its own defense. As the new CHRO, you want to enact stronger policies and guidelines to avoid such situations in the future.
Write a 5–6 page paper in which you:
- Briefly note how workplace harassment affects equal employment opportunity and describe at least four elements a plaintiff must show to pursue a harassment claim. How might an organization prevent the risk of being the subject of such claims? Hint: Read 6 Tips to Avoid Harassment and Discrimination Claims.
- Explain your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules). Then, discuss a minimum of three things a plaintiff filing a failure to accommodate claim must show to prove they are qualified for the job in question.
- Make a connection between religious advocacy or harassment and bona fide occupational qualification. Can churches promoting a certain religion refuse to hire people of other faiths? Why or why not?
- Discuss your overall understanding of FMLA and the Pregnancy Discrimination Act as they relate to organizations granting leave for each. Then, identify two or three common FMLA mistakes managers make and what you would do to avoid the mistakes. Hint: Read The Top Five FMLA Compliance Mistakes That Could Land You in Court.
- Go to Basic Search: Strayer University Online Library to locate at least three quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as academic resources.
Requirements: 5-6 pages
Answer preview
FMLA leave law states that, after returning from leave, an employee is entitled to return in the same position or a different one with the same pay or higher. Some employers change job positions when the employee returns, lowering their wages, leading the manager to court. Saying the wrong thing to an employee when they come asking for FMLA leave (Arnedt, 2019). As an employer, you should not start accusing the employee of poor performance and poor timing when they ask for leaves as it is something unchangeable. Also, disclosing medical information about the employee to any other person is against the law and can lead a manager to court.
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