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Worker's Civil Rights
Layoffs (Require Financial Proof)
Companies lay off employees when the nation experiences economic downturns. This is often carried out when businesses are not experiencing a financial difficulty at the time, and layoffs are used as an excuse to reduce the workforce in order to increase profits. During the Great Recession of America (2007-2009), companies laid off millions of workers even though many businesses weren't in financial trouble at the time.
For example, Microsoft laid off approximately 5,000 workers even though they had over $20 billion in cash. Other companies followed suit which further exacerbated the problem into becoming a deep recession. In the end, many executives got away with violating their workers' civil rights by laying off people without the appropriate financial justification for doing so.
To prevent this, companies should be required to file an official form with the Department of Labor to prove their financial hardship prior to laying off any employees. Essentially, showing that they are unable to make payroll in order to justify the reduction in their workforce. If this policy was in effect back then, it could have prevented the snowball effect of mass layoffs that caused a major economic recession in America.
Layoffs (Guarantee Job)
Employers typically lay off older workers in favor of hiring younger and cheaper laborers. This is clearly discriminatory and often occurs during an economic downturn. To prevent this, federal law should require companies to rehire their former employees who were previously laid off before they may find a replacement for the position.
Layoffs (CEO)
As an additional measure to prevent unnecessary layoffs, legislation should be considered that requires the CEO of a company to be laid off along with their employees. This will ensure that the executive did everything that was possible in order to prevent the layoffs from occurring with their company.
Unpaid Work
Not paying for overtime work by salaried employees is a violation of a worker's civil rights. America is not a slavery state so federal law should be considered to require payment for all work performed by employees, whether they are salary- or hourly-based.
Non-Compete
Many companies require the newly hired to sign a non-compete agreement, or they won't be offered the job. However, non-compete clauses limits the availability to find work elsewhere, which is a violation of a worker's civil rights.
Employers may say that non-compete clauses are necessary to retain qualified workers, but that effort should be accomplished by offering greater incentives to their employees such as higher pay and benefits. Legislation needs to be considered that makes non-compete agreements null and void in value, and by doing so, reinstates a citizen's right to work in this country.
Outsourcing
Outsourcing jobs to foreign countries not only harms workers by limiting their prospects, it also negatively affects the economy as well. Solving this is simple: require companies that wish to do business in the country provide such products/services within the nation, not elsewhere. This is not only a domestic issue, but also is an international problem (c.f. World Trade for more information).
Automated Interview
Many people may have been discriminated against during a job interview without their knowledge. Examples are an applicant's appearance (height/weight/hairstyle/clothing), presentation (manner of speech/body language/facial expression), personal preferences (sports/hobbies/activities), and in some cases, work-related concerns (not skilled/over qualified/duration unemployed, etc.).
For the latter regarding long-term unemployment, the situation has gotten to the point where employers are bold enough to advertise that applicants must be "gainfully employed" at the time of their application. So, if a person is not currently working at the time, they are automatically disqualified because they are unemployed.
Even though federal laws protect against discrimination to a certain degree, a more comprehensive manner of preventing discrimination would be to automate the entire interview process where the interviewer doesn't have direct contact with the applicant. The questions that would be normally asked during the interview process would instead be submitted privately to the applicant (by email or postal mail). Employers would then be able to evaluate candidates to the same degree as before, but without the possibility of discriminating against them since the correspondence is handled entirely without direct contact.
For the special case of not discriminating against the long-term unemployed, businesses should be required to hide the applicant's employment dates from the hiring manager. That way, only the duration of previous employment would be known (e.g., 2.5 years at a particular job), and not the actual timeframe where it may be determined that the applicant is not currently working at the time.
To ensure compliance, the automated interview system should be offered by the Department of Labor as a free, but mandatory service for all businesses in the country.
All job postings will be listed on the Labor Dept.'s website, and job applicants will apply online as well (or use the paper version). The automated system will ensure that job applicants will not be discriminated against by sending employers only discrete information such as, "This is candidate #1's answers." No names, ethnicity, or creed will be provided, so nearly all forms of discrimination will be prevented during the interview process.
In addition, since businesses will be required to submit their workers' employment status to a national registry (e.g., hirings/firings), this information can be used to provide a more accurate report of unemployment figures than presently.
Overall, a federally-mandated automated interview system by the Labor Department will ensure businesses will not discriminate against others, while guaranteeing that job applicants will be treated in a fair and equal manner during the interview process.
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