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Employment Law in Action Essay
Employment Law in Action Paper
As a matter of fact, discipline is an area of Human Resource that has the potential to create legal liability for employers owing to claims of retaliation that often arise. To ensure that disciplinary actions taken against employees do not result in EEOC filings of retaliation, one of the guidelines that employers should follow is to refrain from threatening employees or any other person who is involved oin the complaint processing. An employer should not take adverse actions against employees for making complaints about issues like racial and sexual harassment or discrimination in the workplace. Such an action may be construed by courts as retaliation, hence worsening things for employers. Employers should also train their managers and supervisors on ways of preventing workplace issues such as discrimination or harassment and on how they can respond in a more humane manner to complaints from employees. Moreover, employers should not interfere with the EEO process, not isolate their employees, provide clear and accurate information to the EEO staff or investigators, and refrain from sharing information that relates to EEO activity (U.S. Equal Employment Opportunity Commission, n.d.). Additionally, according to Heathfield (2018), employment discrimination claims, lawsuits, and retaliation complaints may be prevented through the creation of a working environment or culture for employees that promotes diversity and punishes any form of discrimination or harassment in the workplace.
The pitfalls to avoid include taking adverse actions against employees such as dismissal or demotion in the midst of an EEO investigations, restraining their employees from participating in legally protected activities in the workplace, failing to raise awareness on conduct considered as participation in protected activities, and failing to take action against those accused of retaliation, harassment, or discrimination. Valid policies such as employee, supervisor, and manager training may be structured in such a way that they reflect the culture of every organization. ..................GET A PLAGIARISM FREE COPY