There are certain behaviors that a company
cannot tolerate from employees while they are
at work. These behaviors are grounds for
immediate dismissal from a job. The following
are examples of behaviors that can result in
immediate dismissal: fighting, refusing to follow
a supervisor’s instructions, consuming or being
under the influence of alcohol or illegal sub-
stances, possession of firearms, stealing com-
pany property, damaging company property,
and violation of safety rules.
Regulatory Compliance
There are many local, state, and federal laws
that employers must follow. The laws change fre-
quently and are often very complex. In addition
to the laws themselves, many regulations based
on these laws must be followed. One of the major
responsibilities of HR is to make sure that the
company knows the laws and regulations and
follows them. Following appropriate laws and
regulations is called regulatory compliance.
HR will also be involved if the company is sued.
HR works with the company lawyer or legal
department for professional legal advice, espe-
cially if the company is sued.
Laws and regulations that affect HR can be
organized into three groups: equal opportunity,
workers’ rights, and safety laws.
Equal Opportunity
Starting with the Declaration of Independence,
the United States of America has had the ideal of
equality for all. Unfortunately, this ideal has not
always been carried out, especially in the work-
place. In the workplace, people should be evalu-
ated based on their work performance. All
workers should be treated with dignity and
respect. Everyone’s rights should be respected.
Discrimination is treating people unfairly, based
on irrelevant characteristics. For example, people
have been discriminated against in the workplace
because of their race or religion.
Over the years, national, state, and local
governments have passed a variety of laws to
ensure that workers are treated fairly. A large
number of laws have been passed to prevent
discrimination in the workplace. These laws pre-
vent discrimination based on age, disability,
gender, national origin, race, and religion, 17-6.
One of the laws getting particular attention
is the Americans with Disabilities Act (ADA).
The Americans with Disabilities Act (ADA)
was passed to make sure that people with disabil-
ities are treated fairly in public places and in the
workplace. According to the ADA, a disability is a
permanent condition that limits one or more major
life activities. Examples of major life activities
include walking, speaking, and sleeping.
According to the ADA, each job must be ana-
lyzed for its essential functions. Essential func-
tions are those tasks that the person in the job
must be able to do. The ADA requires that if a per-
son can perform the essential functions of a job,
then the person should be given equal considera-
tion for the job, regardless of disability. If the per-
son hired has disabilities, the ADA requires that
the company make reasonable accommodations
so that the disabled person can do the job. Reason-
able accommodations are accommodations that
do not cost so much that the cost is detrimental to
the business. The HR department analyzes jobs
for essential functions and helps the company
meet the ADA requirements.
For example, an essential function of a door
attendant is the ability to load and unload lug-
gage from cars and carry luggage into the hotel.
A person who must use a wheelchair to get
around cannot perform this essential function,
and therefore is not qualified for a bell attendant
job. However, an essential function for a reserva-
tions agent is being able to answer the phone,
understand customers, respond to requests, and
make reservations. If a candidate can perform
these reservations agents functions, being in a
wheelchair is irrelevant. The hotel must give the
candidate in a wheelchair equal consideration for
the reservations job with candidates who are not
in wheelchairs. If the hotel hires the person who
uses a wheelchair, the hotel must make reason-
able accommodations. Reasonable accommo-
dations are determined on a case-by-case basis. A
reasonable accommodation may be getting a desk
that accommodates a wheelchair. An unreasonable
accommodation might be installing an elevator.
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