To: Tracy Goldman
Date: August 10, 2014
Subject: Employment Laws and Compliance
I have compiled an employment compliance plan for Bradley Stonefield for the future opening of Landslide Limos. Based on the information Mr. Stonefield has provided here are the major employment laws that will apply to his business. Title VII of the Civil Rights Act of 1964, Title I and V of the American Disabilities Act, The Equal Pay Act of 1963 and The Immigration Reform and Control Act of 1986 (IRCA). Please see below for a brief description of the law and the consequences for non-compliance.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is the most important federal EEO law because it contains the broadest coverage of prohibitions and remedies regarding employment, according to Cascio (2012). Under this law employers are not allowed to discriminate based on race, sex, national origin. The act has been amended several times, including in 1991 which states that employees are now protected against intentional discrimination in all aspects of employment. Compliance with this act includes but is not limited to ensuring that posters regarding the rights of the employees are displayed in a common area where they can be seen. Fines of $100 are enforceable for non-compliance of the postings. Noncompliance of the Civil Rights Act has numerous repercussions. The Commission could bring forth criminal charges as well as civil action may also be warranted by the commission, the attorney general and the person aggrieved. An employer may be liable for back pay of wages and compensation of benefits. According to “U.S. Equal Employment Commission” (n.d) a fine of 50,000 dollars per complainant for an employer that has 15 to 100 employees. States are not exempt from this law.
Title I and V of the Americans Disabilities Act
According to “Information and Technical Assistance On The Americans With Disabilities Act” (n.d), “The American Disabilities Act prohibits discrimination and ensures equal opportunity for persons with disabilities in employment with state and local government services, public accommodations commercial facilities and transportation”. Non-compliance of the ADA Act includes criminal charges brought forth by the commission; damages up to 300,000 dollars may be awarded to the employee. Attorney’s fees and litigation fees may be passed on the employer if a violation is deemed.
The Equal Pay Act of 1963
“The Equal Pay Act of 1963 states that men and women working for the same establishment be paid the same rate for work that is considered substantially equal in skill and effort, responsibility and working conditions” (“ U.S. Equal Employment Opportunity Commission, n.d.) Texas also has laws under the Texas Payday Law which states that all Texas business regardless of the size except federal are required to pay equally among men and women according to “Employment Law: Discrimination Wages and Child Labor” (2011).