Human resource professionals must understand the legal ramifications to organizations of workplace violations

Human resource professionals must understand the legal ramifications to organizations of workplace violations. In this assignment, you will analyze some proactive strategies for avoiding non-compliance claims and creating a more effective and inclusive workplace.

Scenario
Recall from the Week 3 assignment, Management Team Briefing on Employment Laws, that the company was the defendant in some HR-related lawsuits. Employees made claims of harassment, failure to reasonably accommodate disabilities, and work-life balance issues. The company was forced to answer 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.

Prepare
The following resources will help you prepare for the assignment paper:

6 Tips to Avoid Harassment and Discrimination ClaimsLinks to an external site..
Top 11 Employer FMLA MistakesLinks to an external site..
Topics from ADA.govLinks to an external site..
AccommodationsLinks to an external site..
The Elements of an ADA Failure to Accommodate ClaimLinks to an external site..
You may also use your textbook, the Strayer University Library, and the Internet to research the assignment topic. Make sure you choose relevant and credible sources.

Instructions
Write a 7–8 page paper in which you complete the following:

Analyze how workplace harassment affects equal employment opportunity by describing at least four elements a plaintiff must show to pursue a harassment claim.
Describe 3–4 ways your organization can prevent the risk of being the subject of harassment and discrimination claims.
Explain the concept of the reasonable accommodation of a disability, per the Americans with Disabilities Act.
Describe at least three things a plaintiff must show in filing a failure to accommodate claim.
Choose elements of both the plaintiff‘s qualifications and the employer’s behavior.
Compare religious advocacy or discrimination to a bona fide occupational qualification.
Can organizations hire (or refuse to hire) based on an applicant’s religion? Why or why not?
Describe 2–3 common FMLA mistakes managers make and what you would do to avoid the mistakes.
Analyze why it’s important for leadership to focus on the employee experience and culture of employees as it relates to employment law.
How can managers support this focus?

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Sample Answer

 

 

 

Absolutely. Let’s create a framework for this 7-8 page paper, focusing on proactive strategies for avoiding non-compliance claims and fostering an inclusive workplace.

Paper Outline: Proactive HR Strategies for Legal Compliance

I. Introduction (1 Page)

  • Briefly restate the scenario: Company’s history of HR-related lawsuits (harassment, ADA, work-life balance).
  • Introduce the role of the new CHRO and the focus on proactive strategies.
  • Thesis statement: Effective HR policies, training, and cultural initiatives are crucial for preventing legal violations and creating an inclusive workplace.

 

Full Answer Section

 

 

 

 

Workplace Harassment and Equal Employment Opportunity (1-1.5 Pages)

  • Analysis of Harassment’s Impact on EEO:
    • Define workplace harassment and its various forms (sexual, racial, etc.).
    • Explain how harassment violates Title VII of the Civil Rights Act and other EEO laws.
    • Discuss the creation of a hostile work environment and its impact on employees.
  • Elements of a Harassment Claim:
    • Describe the four key elements a plaintiff must show:
      • Plaintiff is a member of a protected class.
      • Plaintiff was subjected to unwelcome harassment.
      • Harassment was based on protected class status.
      • Harassment was sufficiently severe or pervasive to alter the conditions of employment and create a hostile work environment. 1  
  • Provide examples of cases to support the elements.

III. Prevention of Harassment and Discrimination (1-1.5 Pages)

  • Proactive Strategies:
    • Strong Anti-Harassment Policies: Detailed, clearly communicated policies with reporting procedures.
    • Comprehensive Training Programs: Regular training for all employees on harassment, discrimination, and bystander intervention.
    • Effective Complaint Procedures: Confidential, timely, and impartial investigation processes.
    • Culture of Respect and Inclusion: Promote diversity, equity, and inclusion initiatives.
    • Use of consistent and fair disciplinary actions.

IV. Reasonable Accommodation under the ADA (1-1.5 Pages)

  • Explanation of Reasonable Accommodation:
    • Define disability under the ADA.
    • Explain the employer’s obligation to provide reasonable accommodations.
    • Discuss the interactive process between employer and employee.
  • Elements of a Failure to Accommodate Claim:
    • Describe the three key elements a plaintiff must show:
      • Plaintiff has a disability as defined by the ADA.
      • Plaintiff is a qualified individual with a disability.
      • Employer failed to provide a reasonable accommodation.
    • Discuss elements of both the plaintiff’s qualifications and the employer’s behavior.
  • Provide examples of common reasonable accomodations.

V. Religious Advocacy/Discrimination vs. Bona Fide Occupational Qualification (BFOQ) (1 Page)

  • Comparison:
    • Explain the difference between religious advocacy and discrimination.
    • Define bona fide occupational qualification (BFOQ).
    • Discuss when religion can (and cannot) be used as a BFOQ.
  • Hiring Based on Religion:
    • Explain the legal restrictions on hiring based on religion.
    • Discuss exceptions for religious organizations.
    • Explain why or why not organizations can hire based on religion.

VI. FMLA Mistakes and Prevention (1 Page)

  • Common FMLA Mistakes:
    • Failure to properly designate FMLA leave.
    • Interfering with an employee’s FMLA rights.
    • Failure to maintain proper records.
  • Prevention Strategies:
    • Implement clear FMLA policies and procedures.
    • Provide regular training for managers on FMLA compliance.
    • Maintain accurate records of FMLA leave.

VII. Employee Experience, Culture, and Employment Law (1 Page)

  • Importance of Employee Experience and Culture:
    • Analyze how a positive employee experience and culture reduce the risk of legal violations.
    • Discuss the link between employee morale, engagement, and compliance.
    • Explain how a poor company culture can increase legal issues.
  • Managerial Support:
    • Describe how managers can promote a positive employee experience and culture.
    • Discuss the importance of leadership commitment to diversity, equity, and inclusion.
    • Explain the need for managers to be trained on employment law.

VIII. Conclusion (0.5 Page)

  • Summarize the key strategies for preventing legal violations.
  • Reiterate the importance of a proactive and inclusive HR approach.
  • Final thoughts on creating a legally compliant and positive workplace.

Key Considerations:

  • Use credible sources and legal citations.
  • Provide concrete examples and case studies to support your analysis.
  • Maintain a professional and objective tone.

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