In the working world today there may be some who believe that common sense and compassion in the workplace leave no need for litigation. Some may feel as if morale is all that is needed to protect employers and employees of organizations. This is not the case by far. Although it is expected for employees in most environments to have compassion, common sense, and morale, not all employees turn out to be who they were expected to be. Litigation does replace common sense and compassion in the working world today.
This is why regulations have been put in place by the U. S. Department of Labor, The U. S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990. Regulations have been put in place to protect both employees and employers from being fired or mistreated for discriminative reasons or from lawsuits. Laws regarding the proper treatment of employees must be legally enforced and without enforcement there will always be someone to break the law.
Human resource process requires that HR managers hire employees, provide compensation and Benefits to employees, engage in performance management and evaluation of employees as well as firing and hiring employees, provide employee health safety and prevent employee discrimination and sexual harassment among others (“Custom Writing Tips”, 2012). The HR manager must also ensure that the workplace is safe with none of the employees being under threats, risk of illness or injury or harassments.
With this move, the organization will have protected the people who form the most valuable asset in it (“Custom Writing Tips”, 2012). Currently, workplace safety is standardized and promoted by two important workplace regulations which are the workers’ compensation laws at state level and OSHA or Occupational Safety and Health act of 1970 in the federal level (“Custom Writing Tips”, 2012).. The Human Resources Department must act according to the law when performing any duties such as hiring, firing, advancing and compensating employees as well as its many other duties.
HR must not allow any barriers pertaining to age, race, gender, disability or place of origin to prevent qualified persons from employment. According to the Americans with Disabilities act of 1990, no qualified person should be discriminated against in procedures of job application, hiring, advancement, firing, job training or compensation, by any private, state or local government or employment agencies employers as well as labour unions because of their disabilities.
Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment (United States Department of Labor, 2009). By strictly adhering to all areas of equal employment laws the Human Resources Department can remain protected from lawsuits. In the case that a lawsuit is made against HR they must not retaliate.
Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP (Office of Federal Contract Compliance Programs) proceeding, or otherwise opposes discrimination under these Federal laws (United States Department of Labor, 2009). It is true that the law is always above common sense and compassion but this does not mean the two are not beneficial characteristics for an organization to have.
Having compassion in the workplace enhances the spirit of the workplace and benefits and organization because its employees are more willing to reach out and help others. However as most employees show their colorful personalities at work when abiding by these guidelines, misinterpretations can arise offending others (Manns, 2012). Their actions or activities can unfortunately bring forth lawsuits against the individuals or the organization (Manns, 2012).
A workplace without compassion is likely to be a much more stressful environment which is not beneficial to the health and well-being of employees. Litigation does replace common sense and compassion in the workplace however for an organization to operate successfully and efficiently while keeping employees healthy and happy these things find a satisfactory way to mesh together. When compassion and common sense are used while abiding within the law employees and employers are kept safe.