MT$203$M$1-1$: Identify the laws of employment practices that managers follow.

Introduction: In Chapters $1,3,$ and $15,$ you examined some of the laws impacting the human resources function. In this assessment, you will read a scenario and identify the laws and actions to be addressed by this hospital in order to be in legal compliance.

Scenario: All Souls Hospital $($ASH$)$ has had a busy week. Two issues have arisen: $(1)$ an employee was dismissed just prior to unionization, and $(2)$ a veteran was interviewed but not hired for a position and is alleging discrimination and harassment.

The hospital has just been unionized, and an employee was dismissed who was a designated union representative. The employer said she was found chatting with other employees on social media about the union during the lunch break on company computers. This occurred $24$ hours before the union was voted in$,$ and the former employee filed a charge with the regional labor relations office.

In addition, the company$$s CEO has received a charge of discrimination and harassment regarding a female veteran who was interviewed but not hired for an insurance coordinator position. The veteran claims the interviewer was making unseemly gestures towards her during the interview.

Concepts

Wrongful Termination: Dismissing an employee in violation of employment laws or contracts.

Unionization: Employees forming a union to negotiate terms and conditions of employment.

Discrimination: Unfair treatment based on protected characteristics such as age, gender, race, or veteran status.

Harassment: Intimidating or hostile behavior towards an individual based on protected characteristics.

Laws

National Labor Relations Act $($NLRA$)$: Protects the rights of employees to form unions and engage in collective bargaining.

Title VII of the Civil Rights Act of $1964$: Prohibits discrimination based on race, color, religion, sex, or national origin.

Uniformed Services Employment and Reemployment Rights Act $($USERRA$)$: Protects the rights of veterans and members of the military to be reemployed after military service.

Americans with Disabilities Act $($ADA$)$: Prohibits discrimination against individuals with disabilities.

Age Discrimination in Employment Act $($ADEA$)$: Prohibits discrimination against individuals aged $40$ or older.

Analysis

Unionization: The hospital must follow the NLRA, which prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights to form, join, or assist a labor organization. Dismissing an employee for discussing unionization during lunch breaks on company computers may be considered interference.

Action: The hospital should review its policies regarding unionization and ensure they comply with the NLRA. The hospital should also consider reinstating the dismissed employee and providing back pay as a remedy.

Discrimination and Harassment: The hospital must comply with Title VII, USERRA, ADA, and ADEA, which prohibit discrimination and harassment based on protected characteristics. The veteran's allegations of discrimination and harassment must be taken seriously and investigated promptly.

Action: The hospital should conduct a thorough investigation of the veteran's claims and take appropriate action based on the findings. The hospital should also review its hiring practices and ensure they comply with anti$-$discrimination laws.

Final Answer:

To be in legal compliance, All Souls Hospital must review its policies regarding unionization and ensure they comply with the NLRA. The hospital should also conduct a thorough investigation of the veteran's claims of discrimination and harassment and take appropriate action based on the findings. The hospital should review its hiring practices and ensure they comply with anti$-$discrimination laws.