HRM 510: Assign 1: Employment Laws, Policies, and Processes

Employment Laws, Policies, and Processes

Melissa Miller

Professor: Dr. David Fountaine

Strayer University

Global Campus

HRM 510: Business Employment Law

July 23, 2018

Employment Laws, Policies, and Processes

1. Outline one job interview process and document the methods that you must use to select the right person for available positions. Determine two employment laws that you must consider in the process in question and examine the key ramifications of the organization’s lack of enforcement of said laws.

Selection of the right person for a job position is a crucial process that requires thorough assessment and background check since there will be many people applying for the specific job. For the job interview process, I would contract to hire agencies who will be responsible for the advertising of the position and the selection of viable candidates. The names of candidates with exceptional skill and experience in the job will then be forwarded to the organization’s interviewing panel who will conduct face to face interviews to select the most suitable candidate for the position. The interview process will adhere to the employment laws provided by the Fair Labor Standards Act which include; i) ensure that the process is free from any form of discrimination either based on gender, sexual orientation, disability status, ethnicity, or any other discriminatory reasons, and ii) ensure that the process is ethical and free of corruption, favoritism, or sexual harassment (Rahl, 1942 ). The critical consequence of the violation of these laws will subject the organization to different lawsuits such as the discrimination lawsuit which will lead to fines and penalties. Besides this, the organization will be affected by a bad press which will destroy its public image.

2. Suppose your same organization decides on an unconventional workforce comprised primarily of independent contractors and temporary workers. Predict three issues that you may encounter in building relationships with each type of worker. Next, examine two laws that you must follow during the relationship building process, and specify the manner in which each law would help in the relationship building process.

If the organization decides to use independent contractors and temporary workers it may encounter specific issues when building relationships. In the case of independent contractors, one of the problems is that the organization will have limited power or control over these employees since independent contractors plan their working schedules and how to execute different tasks. Additionally, the organization might have issues with the contractors working for other clients due to the fear that they might not deliver work as expected. Second, the organization will not determine the method of payment since most contractors prepare their budget and forward it to the employer. Third, the employer-employee relationship will exclusively base on the project thus will operate under the terms of a written agreement.

However, the situation is different when building relationships with temporary employees. First, temporary workers work on a structured schedule whereby they only work for a certain amount of time and expect a specific payment for the time spent at work. As such, workers would expect their payment regularly such as on a weekly basis failure to which they are liable to question their employer. Secondly, temporary workers only work for a fixed time and would expect compensation or a commission should they extend their working hours. This increases the organization’s expenses. Thirdly, even though the workers have control of their work they are usually under the control of their employer since they can be fired or dismissed easily as compared to permanent workers.

One of the laws which should be followed to improve the relationship building process is to ensure that there is a written agreement or contract which sets the terms for the business relationship. This law would help improve the relationship building process since both the employer and the worker will be involved in setting the working standards and better understanding between the two parties. Additionally, the organization should understand that both types of employees are protected by the workplace laws which emphasizes fair treatment, wages, and other employee rights (Billett, 2001). This law can be used to reassure the workers of their rights and would create a better working relationship with their employer.

3. Evaluate the effectiveness of the organization’s HR policies and processes that are designed to promote a diverse workforce. Next, outline one strategy for the organization that recognizes affirmative action. Include a plan to mitigate both the glass ceiling effect and reverse discrimination within your organization. Support your response with at least two examples that illustrate the major benefits of the plan to the organization.

The organization’s HR has put in place specific policies and process which is used in the hiring, training, promotion, and management of employees to increase workplace diversity. Due to this, the organization has been ranked as one with the most diversified workforce that incorporates employees of different religions, cultures, and races. This has improved the public image of the organization attracting more clients, partners, and public support and goodwill. Enforce affirmative action in the workplace; the organization has a policy that 1/3 of the executives must be women. Through this, the employment and promotion opportunities for women have improved. Mitigating the glass ceiling effect and reverse discrimination, the organization has adopted a zero-tolerance policy which prohibits the discrimination and harassment of employees regardless of their gender, ethnicity, or religion (Kalev, Dobbin, & Kelly, 2006). Through this, members of the minority communities have been granted equal opportunities to participate in employee training which have built the self-confidence of employees. Secondly, through promotion opportunities, members of minorities have been able to climb the corporate ladder and secured executive positions in the organization .

References

Billett, S. (2001). Learning in the Workplace: Strategies for Effective Practice. Allen & Unwin, PO Box 8500, St Leonards, 1590 NSW, Australia.

Kalev, A., Dobbin, F., & Kelly, E. (2006). Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Policies. American sociological review, 71(4), 589-617.

Rahl, J. A. (1942). Class Action Device and Employee Suits under the Fair Labor Standards Act. Ill. L. Rev., 37, 119.

�Very good interview process here Melissa. What's missing is the specificity of which to employment laws impact on your interview process. The fair labor standards act have nothing to do with discrimination. As title VII of the Civil Rights Act it also has nothing to do with sexual harassment fair labor standards act has to do with compensation and paying overtime

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�Need more research a discussion here large to the glass ceiling effect and ensuring that your policies avoid reverse discrimination what research did you do to examine what organizations are currently doing overcome the glass ceiling effect? For example what about special mentoring for women? What about special focus groups for women? What type of review might you do to ensure that there is no reverse discrimination? As I mentioned in my video I highly recommend you first conducted research on key topics. For this answer, your research would be on the glass ceiling effect and avoiding reverse discrimination