Hrm 510 Week 8 Assignment 3 Managing A Compliant And Diverse Workplac ✓ Solved

HRM 510 Week 8 Assignment 3: Managing a Compliant and Diverse Workplace Due Week 8 Recall from Assignment 1 the company had a few HR-related lawsuits that were not in the company's favor. To be more specific, claims of harassment, not reasonably accommodating disabilities and work-life balance concerns were all issues brought by employees forcing the company to answer to, and defend itself. As the new CHRO you want to enact stronger policies and guidelines to avoid these types of situations in the future. Write a five to six (5-6) page paper in which you: Briefly note how harassment in the workplace affects equal employment opportunity and describe at least 4 elements a plaintiff must show to go forward with a harassment claim.

How might an organization avoid these elements from occurring? HINT: Explain your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules). Then, discuss a minimum of 3 things a plaintiff filing a failure to accommodate claim must show that helps to prove they are qualified for the job in question. Make a connection between religious advocacy/harassment and bona fide occupational qualification. Can churches promoting a certain religion refuse to hire those who have a different religion?

If so or if not, why? Discuss your overall understanding of FMLA and the pregnancy discrimination act as it relates to organizations granting leave for each. Then, identify 2-3 common FMLA mistakes managers make and what you would do to avoid the mistakes. HINT: Go to to locate at least three (3) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as academic resources.

Your assignment must follow these formatting requirements: Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student's name, the professor's name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: Assess and avoid various discrimination and harassment violations to aid in maintaining a diverse workforce.

Develop policies that are compliant with employment laws. Use technology and information resources to research issues in employment law. Write clearly and concisely about employment law using proper writing mechanic. Points: 190 Assignment 3: Managing a Compliant and Diverse Workplace Criteria Unacceptable Below 70% F Fair 70-79% C Proficient 80-89% B Exemplary 90-100% A 1. Briefly note how harassment in the workplace affects equal employment opportunity and describe at least 4 elements a plaintiff must show to go forward with a harassment claim.

How might an organization avoid these elements from occurring? Weight: 15% Did not submit or incompletely briefly noted how harassment in the workplace affects equal employment opportunity and described at least 4 elements a plaintiff must show to go forward with a harassment claim and how might an organization avoid these elements from occurring. Partially briefly noted how harassment in the workplace affects equal employment opportunity and described at least 4 elements a plaintiff must show to go forward with a harassment claim and how might an organization avoid these elements from occurring. Satisfactorily briefly noted how harassment in the workplace affects equal employment opportunity and described at least 4 elements a plaintiff must show to go forward with a harassment claim and how might an organization avoid these elements from occurring.

Thoroughly briefly noted how harassment in the workplace affects equal employment opportunity and described at least 4 elements a plaintiff must show to go forward with a harassment claim and how might an organization avoid these elements from occurring. 2. Explain your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules). Then, discuss a minimum of 3 things a plaintiff filing a failure to accommodate claim must show that helps to prove they are qualified for the job in question. Weight: 20% Did not submit or incompletely explained your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules) and discussed a minimum of 3 things a plaintiff filing a failure to accommodate claim must show that helps to prove they are qualified for the job in question.

Partially explained your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules) and discussed a minimum of 3 things a plaintiff filing a failure to accommodate claim must show that helps to prove they are qualified for the job in question. Satisfactorily explained your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules) and discussed a minimum of 3 things a plaintiff filing a failure to accommodate claim must show that helps to prove they are qualified for the job in question. Thoroughly explained your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules) and discussed a minimum of 3 things a plaintiff filing a failure to accommodate claim must show that helps to prove they are qualified for the job in question.

3. Make a connection between religious advocacy/harassment and bona fide occupational qualification. Can churches promoting a certain religion refuse to hire those who have a different religion? If so or if not, why? Weight: 20% Did not submit or incompletely made a connection between religious advocacy/harassment and bona fide occupational qualification and did not answer if churches promoting a certain religion can refuse to hire those who have a different religion.

If so or if not, why? Partially made a connection between religious advocacy/harassment and bona fide occupational qualification and partially answered if churches promoting a certain religion can refuse to hire those who have a different religion. If so or if not, why? Satisfactorily made a connection between religious advocacy/harassment and bona fide occupational qualification and satisfactorily answered if churches promoting a certain religion can refuse to hire those who have a different religion. If so or if not, why?

Thoroughly made a connection between religious advocacy/harassment and bona fide occupational qualification and thoroughly answered if churches promoting a certain religion can refuse to hire those who have a different religion. If so or if not, why? 4. Discuss your overall understanding of FMLA and the pregnancy discrimination act as it relates to organizations granting leave for each. Then, identify 2-3 common FMLA mistakes managers make and what you would do to avoid the mistakes.

Weight: 20% Did not submit or incompletely discussed your overall understanding of FMLA and the pregnancy discrimination act as it relates to organizations granting leave for each and identifying 2-3 common FMLA mistakes managers make and what you would do to avoid the mistakes. Partially discussed your overall understanding of FMLA and the pregnancy discrimination act as it relates to organizations granting leave for each and identifying 2-3 common FMLA mistakes managers make and what you would do to avoid the mistakes. Satisfactorily discussed your overall understanding of FMLA and the pregnancy discrimination act as it relates to organizations granting leave for each and identifying 2-3 common FMLA mistakes managers make and what you would do to avoid the mistakes.

Thoroughly discussed your overall understanding of FMLA and the pregnancy discrimination act as it relates to organizations granting leave for each and identifying 2-3 common FMLA mistakes managers make and what you would do to avoid the mistakes. 5. 3 references Weight: 5% No references provided Does not meet the required number of references; some references poor quality choices. Meets number of required references; all references high quality choices. Exceeds number of required references; all references high quality choices.

6. Writing Mechanics, Grammar, and Formatting Weight: 5% Serious and persistent errors in grammar, spelling, punctuation, or formatting. Partially free of errors in grammar, spelling, punctuation, or formatting. Mostly free of errors in grammar, spelling, punctuation, or formatting. Error free or almost error free grammar, spelling, punctuation, or formatting.

7. Appropriate use of APA in-text citations and references Weight: 5% Lack of in-text citations and / or lack of references section. In-text citations and references are provided, but they are only partially formatted correctly in APA style. Most in-text citations and references are provided, and they are generally formatted correctly in APA style. In-text citations and references are error free or almost error free and consistently formatted correctly in APA style.

8. Information Literacy / Integration of Sources Weight: 5% Serious errors in the integration of sources, such as intentional or accidental plagiarism, or failure to use in-text citations. Sources are partially integrated using effective techniques of quoting, paraphrasing, and summarizing. Sources are mostly integrated using effective techniques of quoting, paraphrasing, and summarizing. Sources are consistently integrated using effective techniques of quoting, paraphrasing, and summarizing.

9. Clarity and Coherence of Writing Weight: 5% Information is confusing to the reader and fails to include reasons and evidence that logically support ideas. Information is partially clear with minimal reasons and evidence that logically support ideas. Information is mostly clear and generally supported with reasons and evidence that logically support ideas. Information is provided in a clear, coherent, and consistent manner with reasons and evidence that logically support ideas.

Paper for above instructions

Introduction

As the newly appointed Chief Human Resources Officer (CHRO), the need to instill a more compliant and diverse workplace is of utmost importance. Numerous HR-related lawsuits, particularly concerning harassment, failure to accommodate disabilities, and work-life balance, have raised serious concerns. To address these issues effectively, it is vital to understand the key elements that lead to harassment claims, the need for reasonable accommodations for disabilities, and various compliance issues relating to the Family and Medical Leave Act (FMLA) and Pregnancy Discrimination Act (PDA). This paper will explore these components in-depth.

Harassment in the Workplace

Harassment directly undermines the principle of equal employment opportunity by creating a hostile environment that can lead to discrimination. According to the Equal Employment Opportunity Commission (EEOC), harassment is unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or genetic information (U.S. Equal Employment Opportunity Commission, 2017).

Elements of a Harassment Claim

To proceed with a harassment claim, plaintiffs must establish four essential elements (Katz, 2019):
1. Unwelcome Conduct: The behavior must be uninvited and inappropriate. A plaintiff must show that they found the conduct distressing and unacceptable.
2. Based on Protected Characteristics: The harassment must be rooted in traits protected by law such as race, religion, gender, etc.
3. Severe or Pervasive: The conduct needs to be serious enough that it alters the conditions of employment or creates a hostile work environment.
4. Employer Liability: The plaintiff must demonstrate that the employer failed to take appropriate steps to prevent or correct the harassment.

Avoiding Harassment Claims

Organizations can mitigate potential harassment claims by establishing comprehensive anti-harassment policies, conducting mandatory training sessions, and creating procedures for reporting and addressing complaints (Bennett-Alexander & Hartman, 2018).
1. Clear Policies: A clearly defined anti-harassment policy helps set expectations for employee behavior.
2. Training Programs: Regular training ensures that employees understand what constitutes harassment and how to report it.
3. Open Communication: Establishing a culture that encourages employees to speak out about unfair practices can help uncover issues before they escalate to harassment claims.

Reasonable Accommodation of Disability

The Americans with Disabilities Act (ADA) mandates reasonable accommodations for qualified individuals with disabilities unless doing so causes undue hardship to the employer (ADA National Network, 2021). Reasonable accommodations can include modifications to work schedules, reassignment, or the provision of specialized equipment.

Elements of a Failure to Accommodate Claim

To prove a failure to accommodate claim, a plaintiff must demonstrate the following (Emens, 2020):
1. Qualified Individual: The plaintiff must show they are qualified for the job and meet the requisite skills, education, and experience.
2. Disability: The plaintiff must provide evidence of a disability as defined by the ADA.
3. Requested Accommodation: The plaintiff must show that a specific accommodation was requested and that it was reasonable in relation to their disability.
Employers can minimize exposure to such claims by fostering an inclusive environment and ensuring that managers are educated about ADA requirements (Stone et al., 2020).

Religious Advocacy and Bona Fide Occupational Qualification

Religious advocacy introduces complexities regarding hiring. Under Title VII of the Civil Rights Act, employers can make hiring decisions based on religion when it is a bona fide occupational qualification (BFOQ) (Harris, 2020). For instance, a church can set specific religious standards for its employees, provided the job is directly related to the religious mission (Kossoudji, 2023).

Can Churches Refuse to Hire Based on Religion?

Yes, churches can refuse to hire individuals from different religions if the position is central to the religious operations of the church. Churches often require a shared belief system to fulfill their mission effectively. Nonetheless, they must also be cautious of any potential discrimination lawsuits if the criteria applied are overly broad or vague (Barnett et al., 2019).

The Family and Medical Leave Act (FMLA) and Pregnancy Discrimination Act (PDA)

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave for specific family and medical reasons without fearing job loss (U.S. Department of Labor, 2020). The Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions.

Common FMLA Mistakes and Solutions

1. Failing to Recognize Eligible Employees: Managers often misidentify who is eligible for FMLA leave. Organizations should maintain updated employee records to ensure accurate handling of requests.
2. Improper Documentation: Incomplete or inaccurate documentation can lead to legal ramifications. HR should train managers to document requests and responses meticulously.
3. Inconsistency in Policy Application: Treating requests inconsistently can open the employer to claims of discrimination. Establishing a standardized policy and reviewing it across departments can mitigate this risk (Noone & Cummings, 2020).

Conclusion

Creating a compliant and diverse workplace involves understanding various challenges posed by harassment, disability accommodations, religious hiring practices, and family leave laws. As CHRO, implementing effective strategies, including comprehensive policy frameworks, training, and proactive communication, can foster an equitable workplace. A thorough comprehension of these elements is essential to preempt legal issues that can adversely affect employee morale and organization reputation.

References

1. ADA National Network. (2021). What is the Americans with Disabilities Act? Retrieved from https://adata.org/learn-about-ada
2. Barnett, R., et al. (2019). Understanding Title VII: Religious Discrimination and Employment. Journal of Business Law.
3. Bennett-Alexander, D. D., & Hartman, L. P. (2018). Employment Law for Business. McGraw-Hill Education.
4. Emens, E. F. (2020). Three Ways to Think About Reasonable Accommodation. University of Chicago Law Review, 87(1), 167-208.
5. Harris, S. (2020). Religious Discrimination and the Bona Fide Occupational Qualification Defense. Labor Law Journal.
6. Katz, R. (2019). Liability in Workplace Harassment Cases: The Case for Stronger Policies. Employment Law Review.
7. Kossoudji, S. (2023). Bona Fide Occupational Qualification in Religious Institutions. Religious Studies Quarterly.
8. Noone, J., & Cummings, M. (2020). FMLA Compliance: Best Practices for Managers. Business Management Journal, 15(4), 300-312.
9. Stone, D. L., et al. (2020). Disability Struggles and Reasonable Accommodations: Implications for Human Resource Management. Journal of Human Resource Management, 10(2), 45-61.
10. U.S. Department of Labor. (2020). Family and Medical Leave Act. Retrieved from https://www.dol.gov/agencies/whd/fmla