Walmart Promotion Discrimination

When promoting from within the company it is Wal-Mart's best interests to fully advertise the following promotion opportunities, and to include everyone capable of the new position.  To prevent promotion discrimination; employee promotional opportunities must not discriminate based on race, gender, religion, age bracket, sexual preference, or against people with mental or physical disabilities.

Job promotion discrimination occurs when a qualified employee fails to be promoted because he or she belongs to a certain disadvantaged group.

The Equal Employment Opportunity Commission enforces federal laws to prohibit this type of promotion discrimination.  All employers with 20 or more employees must adhere to the Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans With Disabilities Act.  (EEOC)

These federal laws restrict job promotion discrimination in the following areas:

Job requirements discrimination. Employers must provide the same job requirements to all prospective applicants. The requirements must be related to the job, and may not exclude members of a certain race, sex, religion, national origin, age, or people with physical or mental disabilities.

Job assignment and classification discrimination. Employers may not exclude an employee from a particular position based on race, sex, religion, national origin, age, or disability..  Also, an employer must not assign anyone a position based on these demographics.

Assumptions or stereotypes. Employers may not decide on whether to promote or not promote based on racial, sexual, ethnic,  age related stereotypes,  or on assumptions about what a person with a medical condition can and can't do.   Employers must also be sure not to exclude someone from a promotion because they assume they wouldn't be interested because they have a family, like in the case of Dukes V. Wal-Mart above.  (Avvo)

"Job Promotion Discrimination"  Avvo.  Accessed Sept. 2009
 <http://www.avvo.com/legal-guides/job-promotion-discrimination>

Tobias, Paul; Sauter, Susan  "Job Rights and Survival Strategies" accessed via workplacefairness.org
<http://www.workplacefairness.org/wrongful?agree=yes>

"Laws Enforced by the EEOC"  The U.S. Equal Employment Opportunity Commission
http://www.eeoc.gov/policy/laws.html

Walmart Illegal Overtime

Overtime:
The Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping, and youth employment standards to eliminate illegal overtime.  Wal-Mart needs to adhere to the guidelines set by the Fair Labor Standards Act.  Doing so will eliminate Walmart employee complaints

Unless specifically exempted an employee covered by the act must receive special overtime pay of at least one and a half times their regular pay for every hour over 40 worked in a week.  The act doesn't require overtime pay for holidays, Saturdays, or Sundays.  A work week is defined as any period of 7 consecutive days.  Work times may only be calculated on a weekly basis, and can not be averaged over any time longer than a week.  For example; if a worker works 45 hours one week, then the next week they work 15 hours, they are still entitled for 5 hours of overtime for the first week worked.  When non-cash payments are made to employees in the form of goods or facilities, the fair value of such goods must be calculated into the regular rate.

For more information on illegal overtime and overtime pay you can visit U.S. Department of Labor's website at www.dol.gov, or via the toll-free helpline at 1-866-4USWAGE

"Fact Sheet #23: Overtime Pay Requirements of the FLSA"  U.S. Department of Labor.  Accessed September 2009  <http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf>

Walmart human resource problems

These recommendations should help alleviate Walmart human resource problems that have been plaguing the news the past few years.