The Genetic lnformation non-discrimination Act, which became effective in 2009, protects the employees against discrimination. The law outlines that it is illegal to discriminate against the employees or the applicants based on genetic information. The law protects the individual’s genetic information such as genetic tests of a family member and information about the diseases or any disorder about a family member (medical history). The law does not allow retaliation against an individual who complains about discrimination or a person who has filed a charge of discrimination as well as participated in the investigations concerning discrimination (Balance careers, 2019).
Lilly Ledbetter Fair Pay Act of 2009 defines the discrimination in compensation due to race, colour, religion, sex or national origin. The law provides a guideline on compensation in case a discriminatory compensation or any other practice is adopted. An individual may be compensated in the form of time wages, benefits or any other form of compensation that occurs when a decision is made. Additionally, the act helps in strengthening the rights of the workers by adding more force to their protection. lt prohibits wage discrimination, especially on sex and minority status. Also, the act protects people with disabilities against discrimination (Jackson White Law, 2019).
Federal legislation might conflict with the state legislation on matters governing the labour laws. ln some situation, a court might uphold a case basing on the state laws and therefore conflicting the federal laws. Some of the laws include the right of picketing or demonstration or the procedure of filing annual reports. For instance, the filing of the annual report and payment of the annual fee was voided and in conflict with the federal law.
The employment at will doctrine allows the employers to terminate the employees without a concrete reason or without necessarily giving a reason. The employee at will also outlines that employers might change the terms of the contract at any given situations unless the employee is covered through the exceptions. The exceptions provide the legal protections for the workers covered under the state and federal law. Other areas of protection include the collective bargaining agreements, where there are contracts signed, public policy and other cases where the rights of an employee are protected. Generally, the employment at will gives more powers to the employers whereby they can reduce the wages, change the benefits of the workers, limit the hours of working or change the schedule of working among others (Doyle, 2019).
However, there are situations in which the employment at will may not apply. They include in collective bargaining agreements, company policy, individual employment contracts, public policy, among others. ln collective bargaining agreements, the employees are covered by a union or an association which protects the rights of the employees. The association or the union have the contractual provisions that outline how an employee can be fired (Doyle, 2019). Additionally, in case of termination, the union provides the procedures for the appeal process for members who believe the termination procedure didn’t follow the due process.
On the other hand, the policy of the company may define how an employee may be fired or terminated, and if the use of warnings is the initial steps to use before terminating an employee. The employers will use the guidelines or procedure that is outlined in the policy. Also, the employment contract can be used in cases of unlawful termination. The employment contracts define the terms and condition and the procedure of firing an employee. The employer should find to follow the terms and conditions outlined in the contract before deciding on terminating an employee (Doyle, 2019).
Public policy, as well as the statutory protection of employees, defines the procedures of terminating the employees. Most of the public policies may limit the exercise of employment by employers. For instance, the policy might limit the employer from firing the employees who have different claims such as the compensation for the workers. Moreover, the policy protects the workers from the employees who do don’t act according to the signed agreement. On the other hand, the statutory protections for the employees protect the employees who are fired due to discriminatory reasons. The statutory protections are defined in the federal or state laws which protect the employees who might be discriminated against the hiring process or firing (Doyle, 2019). The areas of protection of the employees include race, nationality, gender, religion, family status, disability ethnicity, among others.
ln the first scenario, the worker can sue the company by basing the arguments on the protection of the workers against their races, ethnicity or nationality. The worker is an lndian, and therefore, the company is discriminating because of race or ethnicity. The statutory protections which are outlined in the federal or state laws can be applied to protect the worker. ln the second scenario, the secretary might not be protected because she prays during the busiest time in the morning of which she should be serving the company. On the other hand, she might be protected because of discrimination against her religion (Christianity). ln the third scenario, Lori could get justice because he is protected by the policy of the company as well as the contract which he signed that allows for a leave. The policy outlines that each member is entitled to leave, and it is upon the company to negotiate at paid terms if the worker is required to work during the leave period.
ln the last scenario, Peter is protected by the statutory outlined in the federal laws that define the protection of workers by ensuring their safety at the workplace. Peter acquired a liver disease while working for the company, and therefore, the company has the responsibility of ensuring that the workers are safe in their working environment.
The federal law accommodates the undocumented workers and their eligibility for compensation in the United States. The federal laws allow the hiring of undocumented immigrants. The affairs of the undocumented workers are defined in the lmmigrant and the Nationality Act of 1965, which is a comprehensive body under federal law that governs the immigration, naturalization as well as the exclusion of aliens. The many States have already worked out methods of compensating and recognizing the presence of the undocumented workers. Most of the cases that are determined by the Supreme Court advocates for the compensation of the workers. Therefore the labour protections are available for the undocumented workers under the existing laws. However, congress has not recognized the undocumented workers as it terms the compensation as illegal. According to the MWL law (2017), the undocumented workers are like any other, and therefore they should be compensated. Like any other worker, they can be injured while on the job, and this might raise the issue of compensation.
Ineffective Pain Management in Postoperative Patients
Ineffective Pain Management in Postoperative Patients Assignment Directions • Review this week’s lecture materials and assigned reading(s). • Complete this assignment. o Identify one (1) current workplace clinical problem impacting quality that you have: a) observed in a clinical rotation, b) witnessed in your work environment, or c) researched in the literature (e.g., nursing peer-reviewed […]
