Every aspect of today’s business world has changed. Through court mediation and juries, and legislation passed by bodies of Congress and Parliament, the freedoms of employers are slowly being taken away. In the United States, the government has placed regulations on what employees can be hired and fired. With the passing of the Affordable Care Act (commonly known as Obamacare), most employers are now required to provide their employees with health insurance, or pay hefty fines. With business licensing, high corporate taxes, and affirmative action, it makes it difficult to survive in today’s fast-paced, competitive business world.
You do have rights as an employer in regards to hiring; however, the rights of the employee tend to come first. The following should serve both as a list of rights of your employees (that you should not try to circumnavigate) and a list of some rights that you might have as a business.
Anti-discrimination in the Workplace[/b]
Most nations have passed anti-discrimination laws in hopes of ensuring fair hiring practices. In the United States, the Civil Rights Act of 1964[/i] was passed to end discrimination based on race, color, religion, national origin, and sex. In Australia, the Anti-Discrimination Act of 1977[/i] was passed to have the same effect.
Affirmative Action[/b]
Some countries have Affirmative Action laws; however, they come in various shapes and sizes. In Canada, it is known as Employment Equality; in India, it is known as Reservation; in the UK, Positive Action. No matter what it is called, Affirmative Action seeks to provide special opportunities for and favoring members who are perceived as a disadvantage group that suffers from discrimination.
In American legislation, President Lyndon B. Johnson signed two Executive Orders that supported Affirmative Action: Executive Order 11246, that sought “to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency;” and Executive Order 11375, that amended Order 11246 adding “sex” to the list of protected categories.
In Australia, the same types of legislation were passed. In 1986, the Affirmative Action (Equal Employment Opportunity for Women) Act[/i] was passed.
Unfair Dismissal[/b]
Dependent upon where you work, there may or may not be laws protecting your employees from unfair dismissal. There are some nations that support “at-will employment.” This means that an employer can dismiss an employee for any reason, without just cause or warning.
Some countries, like Australia, have gone as far to pass laws in support of an employers’ right to fire without cause. Just in the last decade, legislation has been passed in support of small businesses. In 2005, the Workplace Relations Amendment (Work Choices) Act[/i]made it possible for small businesses, which employ one-hundred or less employees, an exemption from the standing unfair dismissal laws.
Before you make any rash decisions when it comes to potential legal issues, take a minute and bone up on legal issues within the workplace. Organizations like Legal Vision make it easy to find the information you seek. The last thing you need, as a CEO, is to spend all your time tied up in litigation.