Federal Employment Laws

The Benefits of Effective Talent Management

 

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The Benefits of Efficient Talent Management

According to a 2006 report conducted by the Economist Intelligence Unit (EIU) in cooperation with Development Dimensions International (DDI), the majority of the world’s CEOs spend enormous time, money, and resources in talent management. The 2008 report from the same firms indicated that 55% of top-level executives thought their firms were in danger of underperforming due to lack of proper talent management (Wellins, Smith, & Erker, n.d.). These are just a few instances that validate the necessity of effective talent management across all levels of an organization.

The importance of effective talent management is summarized as:

Production of Quality Output

High performing employees guarantee maximum efficiency in an organization. They also build relationships between the organization and the customers. The delivery of high-quality goods and services also makes the organization a go-to entity for most consumers.

Value creation

External drivers that surround any company places a lot of value in the talent pool within a firm. Therefore, having talent management practices in place that are effective enhances value to a firm in the eyes of potential investors.

Differentiation

In today’s rapidly developing workplace, the presence of talent and talent management systems is a great differentiator between firms. This presence is because a talented workforce is hard to duplicate. When one firm comes with an innovative product, a new company can go in, replicate the product, and provide a better service. Similarly, it is not a rare incidence to find organizations operating within the same niche copying each other’s production and design processes. Having a highly productive workforce provides organizations in these situations with a distinguishing factor and competitive advantage.

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

USERRA is a federal statute that protect the civilian employment rights of service members and veterans, and define the obligation of the service member returning from military service. The purpose of the act, which went into effect on October 13, 1994, was to ensure that servicemen who were called away to complete military service were able to return to their civilian jobs after they had completed their military service. This act also prohibits any form of discrimination based on their past or present service in the military or on an employee’s application for membership to the military (The United States Department of Justice, 2015).

An employee that believes they have been discriminated against by their employer would file a claim with the Department of Labor through the Veterans’ Employment and Training Service (VETS). If the Secretary is not able to resolve the complaint, an employee may request that the Secretary refer the complaint to the Attorney General (AG). The Attorney General has the authority to bring legal action against any private individual, company, state, or local authority for violations of the Act.

If the Attorney General is satisfied that the complainant is entitled to the rights or benefits they are seeking, then the Attorney General may act as attorney on behalf of the service person. These proceedings would commence in a federal court against anyone found to be in violation of the Act. The Civil Rights Division can also represent the Attorney General in court to defend the service person.

Thus, it is the responsibility of the employer—both state and non-state— to ensure that no form of discrimination is suffered by a uniformed service person serving in his civilian capacity as an employee in the workplace. Organizations can achieve this by incorporating this act into their corporate policy.

 

Conclusion

For HR managers and supervisors to effectively manage talent, they should understand the basics of these federal laws and regulations and how they relate to the workplace. Employees influence the success of any business, and protecting their rights under these laws enables them to be productive. It also helps HR professionals to promote the organization’s brand and reputation as an employer. Knowing the laws that protect both employers and employees allows HR managers and supervisors to keep organizational goals and objectives on the right track.

ADEA: Age Discrimination in Employment Act

 

  • The Age Discrimination in Employment Act of 1967: This act prohibits employers from discriminating against individuals who are 40 or over on the basis of age in regard to hiring, firing, promoting, training, compensation, or in terms and condition of employment. The EEOC monitors and enforces this law in the US.

 

  • The Age Discrimination Act of 1975: This act prohibits employers in federally-funded or federally-run programs and activities from discriminating on the basis of age. This act, which applies to all ages, permits the use of certain age distinctions and factors other than age that meet the act’s requirements and is enforced by the DOL’s Civil Rights Center.

Equal Employment Opportunity, Affirmative Action, ADA, and ADEA are essential laws that apply to talent recruitment and management. It is important that managers carefully examine these laws to ensure that their organization is in compliance with them (“Age Discrimination”, n.d.).

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act of 1990 is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life including employment, education, and all private and public places accessible to the general public.  The purpose of this law is to ensure that individuals with disabilities have the same rights and opportunities enjoyed by others. According to this law, persons with disabilities or perceived disabilities should be given fair and equal treatment with regards to transportation, employment, and education among other sectors.

A disability or perceived disability under the ADA is:

  • A physical or mental impairment that substantially limits one or more major life activities,
  • A record of such an impairment, or
  • Being regarded as having such an impairment.

The ADA has numerous provisions for persons with disabilities, but only Title I of the Americans with Disabilities Act of 1990 applies to talent planning and acquisition. This title specifies the equal employment opportunity requirements employers must adhere to for persons with disabilities. According to this provision:

  • Employers must provide qualified persons with disabilities equal consideration with regard to recruitment, termination, promotion, and other terms and conditions of employment.
  • Employers must make reasonable accommodation for persons with disabilities in the workplace. Examples of accommodating an employee with a disability are modifying the work environment to fit the employee (i.e., installing ramps in an office space) or modifying job descriptions to suit qualified candidates.

The original law made it mandatory for employers with 15 or more employees to implement this law and integrate it into the operations of the organizations. Over the years, amendments to the ADA have given persons with disabilities the right to affirmative action protection from federal contractors, as well as employers in charge of federally-funded projects (“Disability”, n.d.).

Title VII of the Civil Rights Act 1964 & Griggs vs. Duke Power

This Act strictly prohibits job discrimination in the workplace. The Act applies to employers who in the course of business have fifteen (15) or more employees working for them. It prohibits any form of discrimination against any individual on the bases of race, color, religion, sex or national origin. The law also extends to protecting an employee from being harassed in the workplace.

Harassment is a form of discrimination that affects the productivity, performance and/or wellbeing of an employee. Discrimination, on the other hand, is unfair treatment of employees because of one or more of the following reasons:

  • Lack of tolerance of one’s race, sex, color, religion, national origin, genetics, disability or other protected characteristic. Sex in this case covers pregnancy, sexual orientation and gender identity. Age means the age of forty and above.
  • Retaliation for involvement in reporting discrimination in the workplace. This could be because the employee reported an incident of job discrimination or because he/she aided in a lawsuit or investigation about job discrimination.
  • Denial of employee perks such as accommodation because of a disability or because of religion.

Unlike harassment, discrimination laws in the workplace include all the laws enforced by the EEOC. Provisions exist to protect employees from loss of wages, termination and lost employment opportunities resulting from reporting discrimination. The EEOC also ensures that employers limit job discrimination by making them liable to legal prosecution unless they provide channels and information to help employees protect themselves against discrimination. Employers are not liable, however, if employees fail to take reasonable advantage of these opportunities. Workers who have been discriminated against are required to file a charge of discrimination with the EEOC and obtain a Right to Sue letter before suing their employer for discrimination (“Harassment”, n.d.).

Title VII of the Civil Rights Act of 1964

This Act strictly prohibits job discrimination in the workplace. The Act applies to employers who in the course of business have fifteen (15) or more employees working for them. It prohibits any form of discrimination against any individual on the bases of race, color, religion, sex or national origin. The law also extends to protecting an employee from being harassed in the workplace.

Harassment is a form of discrimination that affects the productivity, performance and/or wellbeing of an employee. Discrimination, on the other hand, is unfair treatment of employees because of one or more of the following reasons:

  • Lack of tolerance of one’s race, sex, color, religion, national origin, genetics, disability or other protected characteristic. Sex in this case covers pregnancy, sexual orientation and gender identity. Age means the age of forty and above.
  • Retaliation for involvement in reporting discrimination in the workplace. This could be because the employee reported an incident of job discrimination or because he/she aided in a lawsuit or investigation about job discrimination.
  • Denial of employee perks such as accommodation because of a disability or because of religion.

Unlike harassment, discrimination laws in the workplace include all the laws enforced by the EEOC. Provisions exist to protect employees from loss of wages, termination and lost employment opportunities resulting from reporting discrimination. The EEOC also ensures that employers limit job discrimination by making them liable to legal prosecution unless they provide channels and information to help employees protect themselves against discrimination. Employers are not liable, however, if employees fail to take reasonable advantage of these opportunities. Workers who have been discriminated against are required to file a charge of discrimination with the EEOC and obtain a Right to Sue letter before suing their employer for discrimination.

Equal Employment Opportunity – Requirements for Federal Contractors

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There are several requirements that federal contractors and subcontractors must meet when working with the federal government. According to 41 CFR Part 60-4.3(7)(a) -(p), any contractor or subcontractor involved in any construction trade with a contract in excess of $10,000 with the federal government must ensure and maintain an environment free of harassment, intimidation, and coercion at all of their sites and facilities. The regulations listed under this section of the law also demand that any construction company that meets the above criteria ensure that they provide equal opportunities to their employees. This means that these companies must maintain that they do not discriminate against employees based on age, sex, religion, disability, color, nationality, race or veteran status during the recruitment and termination processes. Furthermore, the regulations dictate that these firms should take steps to promote the employability of qualified minorities, women, people with disabilities, and veterans; with specific attention to hiring minorities and female individuals. Affirmative Action is therefore a requirement for these companies (Harrison, 2017).

Contractors and subcontractors working with the federal government are required to submit evidence of their compliance with these regulations to the DOL’s Office of Federal Contract Compliance Programs (OFCCP). This office actively monitors the compliance of construction firms with Equal Employment Opportunity laws, as well as affirmative action.

Businesses that have contractual agreements in excess of $10,000 with the federal governments and those that plan to do business with the federal government must comply with the following requirements in the employment process to avoid penalties:

  • They must comply with EEO laws, and in so doing not discriminate against employees and prospective employees in any of the protected classes.
  • Contractors and subcontractors must also develop and maintain, in writing, affirmative action plans to promote the employment of minority groups in their organizations. This rule is only mandatory for construction companies that employ more than 50 employees  in order to enter into a contract with the government and those that hold a federal contract worth more than $50,000.
  • They must keep and submit employment records and other related information to the OFCCP for compliance evaluation. Contractors should understand that this requires a more in-depth review of their records.
  • Furthermore, companies must file documents that demonstrate that they are EEO compliant. The annual EEO-1 filing is mandatory for contractors with federal contracts that meet the set criteria.
  • Under a number of acts, federal contractors must maintain affirmative action plans to support veterans and qualified individuals with disabilities. Support in this case means identifying ways they can modify the hiring process to employ more qualified individuals with disabilities and veterans, giving them career advancement opportunities and offering them fair compensation during termination. These include Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA).
  • Federal contractors must inform employees of their civil rights under the National Labor Relations Act (NLRA). This regulation protects employees by empowering them with the knowledge they need to identify and take action on non-compliant behavior. Federal contractors may educate and protect employees by posting notices about employee rights and non-discrimination notices under the guidance of the OFCCP.
  • Finally, federal employers should develop internal audit and reporting systems to ensure that they remain EEO compliant.

Companies that work with the federal government must meet all requirements that apply during compliancy evaluations to continue holding federal contracts. Anyone looking for more information on federal contractor requirements can find it on the OFCCP website (Berkowitz, n.d.).