Labor Law and Human Capital Management Research Paper

Pages: 4 (998 words)  ·  Bibliography Sources: 3  ·  File: .docx  ·  Level: Master's  ·  Topic: Business - Management

Law and HCM

Equal Opportunity and Employee Rights and Human Capital Management: It's Not Just a Good Idea, it's the Law

Equal employment opportunity and wrongful discharge definitions are two important legal aspects of human capital management today. These two sets of labor laws define acceptable standards and practices for all phases of employment at almost every organization. In the software industry, these issues can be very immediate and expressly important due to the industry's highly competitive and multicultural nature. Specific organizations have more issues with these areas of legal and practical interaction than others, but all are affected by them. This paper identifies and briefly details the manner in which these legal requirements interact with the practicalities of human capital management.


Human capital management is a complex field of practice and endeavor simply due to the varying and varied demands of any given business organization -- effectively and efficiently allocating human resources and utilizing available human capital in a way that is beneficial to the organization and the individuals that comprise it is a time-consuming and often uncertain affair without the addition of any outside constraints. These constraints are necessary, however, especially in the form of legal requirements ensuring the fair and ethical treatment of employees and allowing them recourse when management infringes on employee's rights. There are many ways that labor laws interact with human capital management; two are discussed below.

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Equal Opportunity and Wrongful Discharge

Research Paper on Labor Law and Human Capital Management Assignment

Equal employment opportunity is one of the most discussed and scrutinized topics in human capital management, as it is both enforced by federal law and central to the ethical performance of human capital management functions (Bohlander & Snell 2009, pp. 100). The equal opportunity requirements cover all phases and functions of almost every job, from hiring procedures to treatment on the job, promotions and rewards, and tasks assigned. It also governs the process of termination, to some degree, though this is the more narrow and detailed focus of laws pertaining to wrongful discharge. Up to two-hundred thousand people are wrongfully discharged every year, under a concept that challenges the basic precepts of employment-at-will (Bohlander & Snell 2009, pp. 572-3).

Important Legal/HCM Relationships

The practical implications of these legal imperatives on operating human capital management procedures and professionals are difficult to overstate. Equal employment opportunity is guaranteed in several different laws, which taken together insist that there be no discrimination in hiring, pay-scales, tasks and promotions, or any other facet of work based on nationality, religion, gender or race (Bohlander & Snell 2009, pp. 105-6). Human capital managers must ensure that all employees are judged/promoted/rewarded based solely on their merits, and must make sure that this is clearly evident, as well. The same applied to wrongful termination; not only must management ensure that all terminations take place for valid, non-discriminatory, non-retaliatory, and honest fashions, or risk litigation (Bohlander & Snell, pp. 573).

Labor Law in the Software Industry

Equal employment opportunity requirements are a source of no small amount of frustration… [END OF PREVIEW] . . . READ MORE

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How to Cite "Labor Law and Human Capital Management" Research Paper in a Bibliography:

APA Style

Labor Law and Human Capital Management.  (2010, February 25).  Retrieved October 21, 2020, from

MLA Format

"Labor Law and Human Capital Management."  25 February 2010.  Web.  21 October 2020. <>.

Chicago Style

"Labor Law and Human Capital Management."  February 25, 2010.  Accessed October 21, 2020.