MGMT315 Management Communications

Introduction 

Recruitment allows organizations in determining the upcoming and existing needs of the organization (Azad 2019). This also allows in improving the rate of organizational success by lowering the visible number of job applicants (Ibrahim, Hashim and Rahman 2018). As a consequence, employing the right candidate for the organization is one of the critical part of organizational business functions and activities (Rock 2021). Therefore, it is essential to have a better recruitment process in order to attract and acquire the right employees for addressing the business objectives and goals effectively (Geetha and Bhanu 2018). Employee recruitment laws also play a critical role in providing equal opportunity and pay to make sure that the mental and physical well being, workplace diversity and safety is addressed without fail (Wickramasekara and Baruah 2017). This report discusses different federal laws on employee recruitment and explains the impact of each law on employer and employee as a whole.

Discussion

Equal Pay Act (EPA)

EPA is a part of the Fair Labor Standards Act of 1938 and is administered and enforced by the EEOC (Group 2021). This law is responsible for prohibiting sex based wage discrimination among men and women (within the same establishment) performing tasks and jobs (assigned) that needs equal (substantially) effort, skills and responsibilities. In addition to this, the law also focuses on prohibiting discrimination (on account of sex) in wages and payments of employees engaged in the manufacturing or production of goods (for commerce).

EPA has a huge impact on employees and employers as well (The Equal Pay Act 2021). The EPA requires that men and women working in the same organization must be given equal pay for equal work. The jobs (within the workplace need not be identical. However, they must be substantially equal). As a consequence, employers are not allowed to reduce the payments (and wages) of either men or women in order to equalize the pay as a whole (The Equal Pay Act 2021).

The Americans with Disability Act (ADA)

This act became a law in the year 1990 and prohibited discrimination against an individual with disabilities within the workplace (Americans with Disabilities Act (ADA) 2021). In addition to this, ADA prohibits discrimination against individuals with disabilities in every region of public life that is inclusive of schools, transportation, jobs, and other private areas and regions that are open to the general public. Hence, the main purpose of this law is to ensure that individuals with a disability have the same rights and opportunities (like normal people) (Americans with Disabilities Act (ADA) 2021). This law guarantees equal opportunity for individuals (with (with a disability) in employment, public accommodations, state and governmental services and in telecommunications as well.

ADA has a greater access to products and services from the local and state government, from business and their associated local communities. Hence, people specifically with mobility impairments have encountered substantial changes and enhancements in physical access to businesses, government institutions and agencies, as well as in transportation (Americans with Disabilities Act (ADA) 2021). However, at present, there is no concrete evidence that Americans with Disabilities impact the employment of hiring of workers (non disabled), recommending that the unintended adverse impacts are limited to the groups that are protected. However, from the employers, ADA does not interfere with the organization’s right to recruit applicants who are highly qualified. In addition to this, the law does not interfere or impose any actions or obligations that is affirmative. Thus, ADA primarily prohibits individuals from discriminating against an employee or a qualified applicant due to his or her disability.

The Occupational Safety and Health Act (OHSA)

The Occupational Safety and Health Act is responsible for making sure that the workplace is safe and healthy for the employees (The Occupational Safety and Health Act (OHSA) 2021). It also makes sure that the employees (irrespective of the gender and wages) are protected from severe hazards that compromise the health and safety of the employees working for an organization. This law related to the health and safety of the employees is applicable to most/ majority of the public and private employers of the nation. In addition to this, The Occupational Safety and Health Act also concentrates on developing solutions for the prevention of injuries and illness that are primarily related to work (The Occupational Safety and Health Act (OHSA) 2021). Hence, in some parts of the nation, and OHSA (approved) state agency assist in enforcing safety standards of jobs (that is as stringent as federal guidelines).

As a whole, the main purpose of The Occupational Safety and Health Act (OHSA) is to protect an individual, employee against the severe hazards of the job performed within the organization. It is also responsible for outlining the rights and responsibilities of the employee, employers and the supervisors in general (The Occupational Safety and Health Act (OHSA) 2021). Therefore, The Occupational Safety and Health Act possesses a great impact on the employers as well as the law makes both (employees and the employers) jointly responsible for developing the health and safety of the workplace.

The Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) is responsible for protecting certain employees of 40 years and above from workplace discrimination. In addition to this, The Age Discrimination in Employment Act (ADEA) primarily prohibits the use of an employees’ age as a context in hiring, discharging, promotion, compensation, or other privileges of employment (The Age Discrimination in Employment Act 2021). According to the law, employees over 40 years of age cannot be discriminated against hiring or firing (and other aspects of organizational activities) (The Age Discrimination in Employment Act 2021). The act is specifically meant for minimizing the adverse impact of long term unemployment on workers (older).

The Age Discrimination in Employment Act possesses a huge impact on the employers as well. Hence, it shall be unlawful for the employers to discriminate against any of their employees for employment. In addition to this, it would be considered unlawful for the employers if they discriminate against any of its members for membership as well (The Age Discrimination in Employment Act 2021). As a whole, The Age Discrimination in Employment Act states that all the job requirements must try to be associated with the job and therefore, it forbids employers to lower the wage rate of an employee of adhering with the act established. On the other hand, The Age Discrimination in Employment Act is capable of encouraging the continued employment of older Americans (who cannot work) resulting in reduced public expenditure on retirement benefits, income support and health insurances (The Age Discrimination in Employment Act 2021).

Conclusion

Therefore, from the above discussion, it can be concluded that employing the right candidate for the organization is one of the critical part of organizational business functions and activities. Therefore, it is essential to have a better recruitment process in order to attract and acquire the right employees for addressing the business objectives and goals effectively. Employee recruitment laws are important in making employees and employers realize their duties and responsibilities within the organization. Employee recruitment laws also play a critical role in providing equal opportunity and pay to make sure that the mental and physical wellbeing, workplace diversity and safety is addressed. Hence, adhering to several employment recruitment laws is essential and effective for both the employees and the employers.

References

Adata.org. 2021. Americans with Disabilities Act (ADA). [online] Available at: <https://adata.org/learn-about-ada> [Accessed 12 March 2021].

Azad, A., 2019. Recruitment of migrant Workers in Bangladesh: elements of human trafficking for labor exploitation. Journal of human trafficking, 5(2), pp.130-150.

Eeoc.gov. 2021. The Age Discrimination in Employment Act. [online] Available at: <https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967> [Accessed 12 March 2021].

Eeoc.gov. 2021. The Equal Pay Act. [online] Available at: 

Geetha, R. and Bhanu, S.R.D., 2018. Recruitment through artificial intelligence: a conceptual study. International Journal of Mechanical Engineering and Technology, 9(7), pp.63-70.

Group, G., 2021. Employment & Labour Law 2020 | USA. [online] International Comparative Legal Guides International Business Reports. Available at: 

Ibrahim, N.S., Hashim, J. and Rahman, R.A., 2018. The impact of employer branding and career growth on talent retention: The mediating role of recruitment practices in the Malaysian public sector. International Journal of Academic Research in Business and Social Sciences, 8(6), pp.1034-1039.

Rock, A.I.R., 2021. Statebuilding through diaspora recruitment?: The role of capacity, norms and representation for legitimacy in Somaliland and Liberia (Doctoral dissertation, Acta Universitatis Upsaliensis).

Wickramasekara, P. and Baruah, N., 2017. Fair recruitment for low-skilled migrant workers: issues and challenges. the rightS of aSian migrant workerS from home to the workplace.

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