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Human resources departments have evolved significantly over time, and state and federal governments are most responsible for how these departments function today. HR policies have always been highly influenced by the passage of new laws (e.g., HIPAA and the Affordable Care Act) and by regulatory policies and safety protections enforced by federal agencies (e.g., non-discrimination, antiharassment, and retaliation policies under the Equal Employment Opportunity Commission (EEOC) and safety standards set by the Occupational Safety and Health Administration (OSHA)).

Scenario
One very important function required of a human resources business partner is to interpret and explain human resources policies, procedures, laws, standards, and regulations to other people in the organization. In this role, you need to communicate with hiring managers about how to remain compliant with legal, safety, and regulatory requirements. You have been tasked with writing a report to communicate and analyze the effect of legal, safety, and regulatory requirements on HR processes and their effect on personnel management.
Triangle pediment labeled Human Resources Process sits on top of three pillars labeled legal, regulatory, and safety.Preparation
Research and examine the effects of the following agencies and laws that impact legal, safety, and regulatory requirements in the field of human resources:
U.S. Department of Labor (DOL)
U.S. Equal Employment Opportunity Commission (EEOC)
Americans with Disabilities Act (ADA) of 1990
U.S. Department of Homeland Security (DHS)
Occupational Safety and Health Act (OSHA)
Equal Pay Act
Fair Labor Standards Act
Family and Medical Leave Act (FMLA)
Assessment Deliverable
Write a word report to help guide hiring managers to adopt best practices in compliance with legal, safety, and regulatory requirements. Include the following in your report:
The effect of legal, safety, and regulatory requirements on the HR process
An analysis of employee-related regulations and agencies established by the United States, such as the U.S. Department of Labor (DOL), the U.S. Equal Employment Opportunity Commission (EEOC), the Americans with Disabilities Act (ADA) of 1990, and the U.S. Department of Homeland Security (DHS)
Your opinion on the following statement: “Common sense and compassion in the workplace have been replaced by litigation.”
How a leader may use this information to better guide their own behavior and staff
Cite at least 3 references.

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Sample Answer

The Effect of Legal, Safety, and Regulatory Requirements on HR Processes

Legal, safety, and regulatory requirements have a significant impact on HR processes. These requirements must be taken into account when making decisions about hiring, firing, compensation, benefits, and other HR-related matters. Failure to comply with these requirements can result in legal liability for the organization.

Some of the most important legal, safety, and regulatory requirements that HR professionals must be aware of include:

  • The Equal Employment Opportunity Act (EEOC) prohibits discrimination in employment on the basis of race, color, religion, sex, national origin, age, disability, or genetic information.
  • The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, firing, compensation, and benefits.
  • The Occupational Safety and Health Act (OSHA) sets workplace safety standards and requires employers to provide a safe and healthy workplace for their employees.
  • The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for certain family and medical reasons.
  • The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay requirements for most employees.

These are just a few of the many legal, safety, and regulatory requirements that HR professionals must be aware of. Compliance with these requirements is essential to protecting the organization from legal liability and ensuring a safe and healthy workplace for employees.

Full Answer Section

An Analysis of Employee-Related Regulations and Agencies Established by the United States

The U.S. government has established a number of agencies and departments to enforce legal, safety, and regulatory requirements related to employment. Some of the most important of these agencies include:

  • The U.S. Department of Labor (DOL) is responsible for enforcing a wide range of employment laws, including the FLSA, the FMLA, and OSHA.
  • The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the EEOC.
  • The U.S. Department of Homeland Security (DHS) is responsible for enforcing immigration laws that impact employment.

These agencies play a vital role in ensuring that employers comply with legal, safety, and regulatory requirements. They also provide resources and assistance to employers to help them understand and comply with these requirements.

“Common Sense and Compassion in the Workplace Have Been Replaced by Litigation.”

The statement that “common sense and compassion in the workplace have been replaced by litigation” is a complex one. On the one hand, it is true that there has been an increase in litigation related to employment matters in recent years. This is likely due to a number of factors, including the increasing complexity of employment laws, the growing awareness of employee rights, and the willingness of employees to file lawsuits.

On the other hand, it is important to remember that litigation is not always the best way to resolve employment disputes. In many cases, common sense and compassion can be used to resolve these disputes without resorting to the courts. For example, an employer may be able to resolve a discrimination complaint by simply apologizing to the employee and taking steps to prevent the discrimination from happening again.

Ultimately, the best way to resolve employment disputes is to use a combination of common sense, compassion, and legal compliance. By doing so, employers can create a workplace that is both productive and fair.

How a Leader May Use This Information to Better Guide Their Own Behavior and Staff

Leaders can use the information in this report to better guide their own behavior and staff by:

  • Being aware of the legal, safety, and regulatory requirements that apply to their organization.
  • Taking steps to ensure that their organization complies with these requirements.
  • Providing training to their staff on these requirements.
  • Creating a workplace culture that is based on common sense and compassion.

By following these steps, leaders can help to ensure that their organization is a safe and fair place to work for all employees.

References

  • U.S. Department of Labor: https://www.dol.gov/
  • U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/
  • U.S. Department of Homeland Security: https://www.dhs.gov/
  • Occupational Safety and Health Administration: https://www.osha.gov/
  • Equal Pay Act: https://www.eeoc.gov/laws/statutes/epa.cfm
  • Fair Labor Standards Act: https://www.dol.gov/agencies/whd/flsa
  • Family and Medical Leave Act: https://www.dol.gov/agencies/whd/fmla/

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