Other Important Laws
We have concentrated on equal employment opportunity laws in this chapter because they have a broad effect on almost all HR issues and are highly likely to influence managers’ behavior. The other HR laws, listed in the Appendix to this chapter and discussed elsewhere in the book, are much more narrowly focused. These include laws that affect compensation and benefit plans (state workers’ compensation laws, the Social Security Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act, the Consolidated Omnibus Budget Reconciliation Act, and the Family and Medical Leave Act); union–management relations (the Wagner Act, the Taft-Hartley Act, and the Landrum-Griffin Act); safety and health issues (the Occupational Safety and Health Act); and layoffs (the Worker Adjustment and Retraining Act).
The Uniformed Services Employment and Reemployment Rights Act of 1994 protects the jobs of employees who take leave to serve in the military reserve. Employers often find the skills that reservists gain through their service are valuable in the workplace.
Shelly Perry/Thinkstock.
Four laws deserve brief mention. The Immigration Reform and Control Act of 1986 was intended to reduce the inflow of illegal immigrants to the United States. The law has one provision that affects employers. To discourage the hiring of illegal immigrants, the law mandates that employers hire only people who can document that they are legally permitted to work in the United States. The Employment Eligibility Verification (I-9) form specifies which documents employers need to see from new employees. It appears that the major impact of the Immigration Reform and Control Act has been the creation of a market for fake documents.
The Immigration Act of 1990 was legislated to make it easier for skilled immigrants to enter the United States. This law represents a modification of previous U.S. immigration policy, which favored immigrants who either (1) had family members who are U.S. citizens or (2) were leaving a country that was assigned a large quota of immigrants to the United States based on historical trends.73
The Drug-Free Workplace Act of 1988 requires that government contractors try to ensure that their workplaces are free from drug use. Employers are required to prevent the use of illegal drugs at their work sites and to educate their employees about the hazards of drug use. Although the law does not mandate drug testing, it—along with other more narrowly focused laws and regulations—has led to a general acceptance of drug testing, both of current employees and applicants, across the United States.74 About 98 percent of Fortune 200 companies now conduct some form of drug testing.75
The Uniformed Services Employment and Reemployment Rights Act of 1994 protects the rights of people who take short leaves from a private-sector employer to perform military service (such as reserve duty). The law protects these employees’ seniority rights and benefits. It also protects them from employer discrimination in hiring, promotion, or layoff decisions. Some employers have been giving military reservists returning from combat duty in Iraq perks and benefits that exceed what is legally required, as described in the Manager’s Notebook titled “Military Reservists Who Have Returned from Iraq and Afghanistan Are Finding Their Skills in High Demand.”
MANAGER’S NOTEBOOK Military Reservists Who Have Returned from Iraq and Afghanistan Are Finding Their Skills in High Demand
Emerging Trends
Reservists have made up a significant percentage of active duty troops who have served in Iraq and Afghanistan—the largest number of reservists to see combat since World War II. Their average age at the time of their deployment was 32, four years older than the average soldier.
Employers are finding that reservists have returned from duty in Iraq and Afghanistan with seasoned management, people, and communication skills. They also have returned with leadership skills that have been honed in combat. Army Major David Wood, a 41-year-old reservist, commanded a helicopter squadron in Iraq and Afghanistan. Wood says his soldiers always seemed more enthusiastic about a mission when they knew a senior officer was taking part. Back home, as a vice president at Jay Group, a packaging company in Pennsylvania, Wood says he now often goes down to the plant floor to pack and ship products alongside workers. “You can’t be what we call a coffee-cup commander,” Wood says. “You have to be on the field, leading from the front.”
Recognizing the value of skills obtained in the context of military combat, employers are going out of their way to recruit and retain reservists. Although employers are required by law to give returning reservists back their jobs with the same responsibility and pay, some employers go even further than the law requires, offering them such perks as continued pay and benefits while on military duty. Here are a few examples:
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▪ Adolph Coors makes up the difference between a reservist’s regular salary and military pay for up to one year of active duty. An internal volunteer organization works with reservists’ families, boxing and shipping donated items to the troops.
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▪ American Express provides full pay and benefits for up to five years as well as cash contributions to the employee’s retirement plan.
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▪ General Electric pays one month of full salary and makes up the difference in pay for up to three years. GE has a military recruiting division and leadership programs for military members transitioning to the corporate world.