Legal Issues of Business Law

As Claybourn observes, entrepreneurs face a variety of problems that have a significant effect on their business growth (2011). There may be ethical or legal issues, as well as financial, marketing, or resource management issues. As a result, adhering to legal obligations and the code of conduct will assist any company in avoiding or minimizing chaos and disruption that impede business target accomplishment and successful success (Claybourn, 2011). Harassment and prejudice, unhappy workers, visa investigations, copyright and trademark disputes, and angry consumers are several of the popular legal issues that companies face (Claybourn, 2011).

In addition, there may also be tax litigation or the contractors and competitors may have legal disputes with the business. As a result, there is a need for efficient communication at the place of work to deter such problems (Claybourn, 2011). This reflective paper will solely dwell on harassment and discrimination.

Harassment and Discrimination Cases

Claybourne (2011) observes that alleged discrimination may impact so negative on a company. Discrimination could be in terms of race, age, tribe or sex. The administration of every business should ensure that the legal departments and their human resource are well prepared to handle these cares should they come up. During recruitment employers should ensure they have their employees resumes to mitigate possible cases of allegation on discrimination as this will prove that they have qualified staff.

It’s also the responsibility of every personnel in a business set up to ensure they treat each other fairly regardless of ethnic background, race, age, sex or any other difference (Claybourn, 2011). Treating employees in a demeaning manner does not only interfere with their relationship but also greatly impacts negatively on their productivity.

Harassment at the business place is another serious problem that needs to be avoided as much as possible as pointed out by Claybourne (2011). Some employers or employees may lack work ethics hence treating one another like animals. For instance, there could be sexual harassment between the senior and junior staff. Such leads to hatred among employees, lack of motivation at the workplace, decline in a company’s productivity and poor public relations thus destroying the company’s public image (Claybourne, 2011).

Types of discrimination

Age Discrimination

It involves treating workers or job applicants unfairly because of one’s age. In most nations age discrimination is forbidden against aged people (above 40 years). Any form of age discrimination is prohibited by the law be it in the aspect of recruitment, retrenchment, role assignment, lay off, promotions and any other employment condition or term (Buttler, 2007).

Claybourne, (2011) forbids harassing people because of their age.

Disability Discrimination

It occurs when employees with disability are treated unfavorably or because, their past involves a kind of disability such as illness and any form of physical and mental impairment that may be temporary (Buttler, 2007). Every employer should provide favorable accommodation job applicants or employees with disability. One should also not be discriminated for associating with the disable. It is also forbidden to discriminate or harass the disabled during recruitment, awarding fringe benefits, layoff, and promotion among others. A person is considered disabled if they have physical or mental impairments that affect or limit their life activity substantially such as how one talks, walks, hears among others (Buttler, 2007).

Compensation Discrimination

Employees at the same workplace doing similar jobs are entitled to equal pay (Claybourne, 2011). Therefore, identical jobs may be considered substantially equal depending on job content rather than the title. Inequality in wages for similar jobs therefore demoralizes the less favored employee.

Race/Color Discrimination

Race discrimination entails handling someone unfavorably due to his or her race or due to personal characteristics like ones’ hair texture, facial features, or skin color (Quin, 2010). Color discrimination occurs when one is mistreated because of their complexion or any form of association such marriage to someone of a different race. Harassing someone in the business environment due to their skin color is therefore inhuman and should be prevented and condemned in the best way possible as this tarnishes the company’s public image.

Religious Discrimination

Religious discrimination entails unfair treatment of a person because of his or her religious belief (Claybourne, 2011). Being partisan to individuals in the business environment due to their religion is therefore unlawful. Common organized religions include: Islam, Hinduism, Christianity, Buddhism, and Judaism. Offensive remarks or any form of harassment due to one’s religious belief leads to a hostile work environment.

Sex-Based Discrimination

Claybourne (2011) observes that sex discrimination occurs when a person is treated unfavorably because of his or her gender. Sex discrimination mainly affects females but at times even the male may be treated unfairly due to their gender. This type of discrimination may also involve sexual harassment where employees experience unwelcome sexual advance at the workplace.

Solutions to Discrimination and Harassment

Teamwork and Good Culture

Institutions with universally acceptable culture undertake some initiatives. First, the businesses have more emphasis on people (Luthans, 2010). In most businesses, the way employees are treated; especially the casuals are always very questionable. In the case of manual labor, casuals or manual laborers are often harassed with little consideration of the likely undesirable consequences.

Aguinis&Kraiger (2009) assert that proper teamwork requires the following be put in place; formation of groups or teams that aid in tackling challenges or problems at the workplace and orienting or training the juniors and assessing progress in various sections to ensure not only the achievement of objectives but also fair treatment of all employees. Team leaders or supervisors should also ensure the team member cooperate and have good work relations among themselves so that none offends another unnecessarily hence reducing discrimination and any form of harassment.

Documentation and Treating All Employees the Same

Equal and fair treatment of the employees is very integral (Aguinis & Kraiger, 2009). It motivates them and creates better work relations and also builds on the organization’s public image. In case of indiscipline or harassment issues all records and details of how such individuals should be dealt with according to the law and their cases documented for reference and also to act as a warning in the future. Fairness and consistency in the manner in which employees are treated where it involves issuing rewards or penalties for misconduct is therefore very fundamental.

Good Company Policies

Every employer must ensure the business has clear standards of work ethics that help eradicate discrimination and harassment issues (Quin, 2010). Issues of harassment and discrimination should be clearly illustrated in the handbook of every new party so that they all made aware and understand the policies of the organization. Failure to adhere to the policies after one has signed a contract and accepted to observe the policies and regulations should have consequences that help deter or discourage the employees from taking part in any form of act that is contrary to what the policy stipulates in the handbook.

The handbook should be very elaborate on what it means to harass or discriminate against a fellow employee or junior or job applicant and the penalty for any employee who happens to violate the policy (Quin, 2010). However, all reported claims of harassment or discrimination should be properly and thoroughly examined to find out whether they are valid and deserve punishment or termination lest a false accusation may be treated as truth hence biasness in judgment. Moreover, a termination policy should be written to guide on when and how one deserves termination. In my concluding remarks, I strongly urge every employer to ensure they have teamwork and good work culture at the workplace. This will be the most suitable solution to the challenge of discrimination and harassment which greatly deter progress. It will ensure good communication and equality in various teams thus respecting each employee’s integrity and also encouraging them to be in for each other. No careless or offensive language or actions at the workplace should be treated lightly but condemned in the best way possible. However, light teasing should be acceptable but done with precaution and understanding.

References

Aguinis, H., &Kraiger, K. (2009). Benefits of training and development for individuals and teams, organizations, and society. Annual review of psychology, 60, 451-474.

Buttler, Robert N. (2007)As Adea turns 40, more needed to combat age discrimination, Aging Today ,Vol. 28,No.4 July/August 2007.

Claybourn, M. (2011). Relationships between moral disengagement, work characteristics and workplace harassment. Journal of Business Ethics, 100(2)Chen, L. Y. (2004). Examining the effect of organization culture and leadership behaviors on organizational commitment, job satisfaction, and job performance at small and middle-sized firms of Taiwan. Journal of American Academy of Business, 5(1/2), 432-438

Luthans, F. (2010). Organizational behavior: An evidence-based approach. McGraw-Hill Irwin.

Quin, E. (2010). Preventing Discrimination and Harassment In The Workplace (Quin, 2010), http://www.acc.com/legalresources/quickcounsel/pdahitw.cfm