HRM591 Discussions Week 4 - Second Collaboration Discussion (2)
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Course
HRM591 (• HRM591)
Institution
DeVry University
Book
Strategic Human Resource Management
Week 4 - Second Collaboration Discussion
Dear Class: The Employment Relationship, discusses the importance of the agency relationship which is created between employers and employees. As an employer (from the company board of directors down to the team leader) each individual is deemed to be a...
Week 4 - Second Collaboration Discussion
Dear Class: The Employment Relationship, discusses the importance of the agency
relationship which is created between employers and employees. As an employer (from
the company board of directors down to the team leader) each individual is deemed to
be a, 'principal' and, therefore, responsible for the actions for all those individuals who
are junior to him/her in the management chain. Consequently, it is extremely important
that you understand the duties and responsibilities for anyone who is working for or
reporting to you. As an employee, you are an agent of your employer. The text provides
a list of duties and responsibilities for both the principal and agent.
The employment environment in the United States encompasses a variety of federal
and state laws. Most states have enacted complimentary laws which mirror or emulate
those passed by Congress, enacted into law or regulation and assigned to a particular
Administrative Agency for enforcement.
Here is a partial itemization of the key federal employments laws together with an
overview of the employment relationship. An itemization of federal labor laws can be
found at the Department of Labor
website, https://www.dol.gov/general/aboutdol/majorlaws (Links to an external site.).
One of the 'hot-topics' in employment law is the employment of immigrants and the
right to work in the United States. Should a person who does not have the required
entry documentation, be forced to become a 'second-hand employee' while also being
required to pay income tax? This conundrum is not specific to the United States,
Canada and other European countries are facing the same issues. Should our
governments be taking a more active role to assist those who are undocumented and
do work to navigate and obtain 'legal' status?
When the Fair Housing Act was first enacted, it prohibited discrimination only on the
basis of race, color, religion, and national origin. Sex was added as a protected
characteristic in 1974. Until 1974 female and male employment roles and positions were
strictly defined. The aftermath of the Vietnam War saw returning soldiers who had
served in the medical corps applying for nursing positions in other than military
hospitals. (It is interesting to note, that many female nurses and their unions strongly
objected to this inclusion, notwithstanding the fact that contemporaneously women were
picketing to join the construction and trucking industries.) Since that time, laws
identifying what is considered prohibited discriminatory conduct has expanded
exponentially both at the individual state and federal level.
The Gay Rights Movement was instrumental in obtaining equal employment benefits for
gay, lesbian and transgender individuals; as well as ensuring reciprocal benefits for
same sex-couples. These benefits have since been expanded to include heterosexual
couples who are living together although not married to each other.
In 1991 individuals with physical disabilities were able to gain equal access rights and
consideration in employment, proving that a physical disability was not indicative of any
mental impairment and that the individual could perform the task equal to or better than
a non-disabled person. Since that time, the Americans With Disabilities Act has been
,amended several times. https://www.ada.gov/2010_regs.htm (Links to an external
site.).
The federal administrative agency which has the primary oversight responsibility is the
Equal Employpment Opportunity Commission. Its website can be found
at https://www.eeoc.gov/. (Links to an external site.) This website not only explains the
various forms of discriminatory actions, but also provides the process for filing a
discriminatory related claim. A summary of each of the specific laws prohibiting and
defining discriminatory conduct can be found in the EEOC website.
Employment discrimination is as old as time. And, unfortunately, it is still taking time to
resolve the unequal treatment of individuals within the workplace. One of the issues in
this week's cases is what exactly constitutes 'unequal treatment'. Review the distinction
between disparate impact and disparate treatment. For a summary of various state laws
prohibiting discriminatory conduct, please review this
website https://www.americanprogress.org/wp-content/uploads/issues/2012/06/pdf/
state_nondiscrimination.pdf (Links to an external site.).
The skill set needed for various types of employment and related duties for specific job
functions can be found in the O'Net website https://www.onetonline.org/ (Links to an
external site.). This website should be utilized if you are searching for a specific type of
employment or which to identify skills required in a specific area or if you just wish to
update your resume.
, Stephen Ludden
Nov 19, 2019Nov 19, 2019 at 4:44pm
Manage Discussion Entry
Should a person who does not have the required entry documentation, be
forced to become a 'second-hand employee' while also being required to pay
income tax?
This is an interesting question that contains elements that are not typically
considered when looking at the question for face value. Becoming a 'second hand
employee' can be taken in many ways. For sake of argument, I will define this as a
person that takes on line level work and continues in that position without
advancement taking place at a typical rate.
With any job, there are certain requirements that need to be met in order to retain
the position or move forward with advancement within the company or field. If a
person does not put forth the effort to sharpen or advance their skills, then they will
stay in the same position, which may be considered to be a 'second hand
employee'.
I believe that each person should be evaluated on their current skill set, and be
appropriately compensated for what they are capable of doing. Appropriate
compensation should be determined by the employer and not the government (in my
opinion). If they do not elect to move forward with the advancement of their skills,
then the situation is of their own doing. I have seen many immigrants come to this
country and put forth the effort needed, some starting by learning the language and
moving forward from there, and others that have been attorneys in their native
country and put forth the effort to pass the BAR exam here. The advancement is
possible if effort is made.
The taxation issue of this question is a whole other topic in itself. I believe that there
is a significant lack of accountability with the government's budget and much of the
money is spent on programs or items that should not even exist. Taxation is theft of
money from the citizens of the country by a governmental entity. Taxes should be
drastically reduced, and loopholes need to be closed. In case of this question
though, my opinion is that yes, if regular citizens are being taxed, then people who
are not citizens of the country that are collecting income should be taxed as well.
Read More
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Erinn Nowlin
, Erinn Nowlin
Nov 26, 2019Nov 26, 2019 at 10:14pm
Manage Discussion Entry
Stephen,
I agree with you on the definition of a "second hand employee' in this case. I feel that
every type of employment has those who take the job with the intention to just treat it
as a job. A career is so much more different and the way you approach your work
and advancement differs because it is about more than a paycheck for you at that
time.
Awarding employees for their current skill set, understanding of their job
responsibilities and their ability to accomplish them is important. I agree that
appropriate compensation should be the decision of the employer (but I assume
there may be some type of tax break or benefit that leads this to be handled in the
manner that it is).
The entry process for immigrants from different countries differs and is long for
anyone but also not guaranteed. I went to school with students from overseas on
student visas who came over, went to school but paid taxes because they were also
working but were able to go back overseas with their degrees. They were not
working crazy elaborate jobs or starting careers but they weren't just collecting a
check either. I think it is difficult to answer that and there are a lot of issues with the
system and the process collectively.
Collapse SubdiscussionDarrell Gordon
Darrell Gordon
Nov 20, 2019Nov 20, 2019 at 10:28am
Manage Discussion Entry
Should our governments be taking a more active role to assist those who are
undocumented and do work to navigate and obtain 'legal' status?
This is a very controversial topic, especially in our current global political
environment where many countries have elected leaders who are or have adopted
anti-immigration policies. I personally believe that governments should create a
path for undocumented workers who have resided in our country (and broken no
laws) to provide a path where they can become legal citizens.
The problem arises when you have to determine a cutoff period (date). That is
important because otherwise you would be officially condoning a policy of illegal
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