examining the legal Environment
Overview
Write a 3–4-page analysis of a selected legal case involving disparate (adverse) impact in selection and hiring.
Note: Complete the assessments in this course in the order in which they are presented, beginning with Assessment 1.
Many U.S. laws, ordinances, and guidelines directly impact the hiring and selection process.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
· Competency 2: Assess approaches for recruiting, selecting, and retaining talent.
. Analyze issues surrounding a case of disparate (or adverse) impact.
· Competency 4: Analyze the impact of legal and regulatory issues on staffing management.
. Analyze the outcome of an actual legal case.
. Discuss guidelines on employee selection.
· Competency 5: Communicate in a manner that is scholarly and professional.
. Communicate in a matter that is scholarly, professional, and consistent with expectations of members of the human resources profession.
Overview
Legal compliance is important to protect the individual and the organization. It is crucial for the HRM professional to understand issues surrounding discrimination and how to best avoid pitfalls. This includes awareness not only of disparate treatment but of disparate impact and how to analyze the issue.
The Assessment 2 Context document contains information about the complexities involved in recruiting, hiring, retaining, and promoting employees.
Questions to Consider
To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of your professional community.
· How should organizations respond to allegations of workplace discrimination?
· What are significant legal issues that you need to be cognizant of during the recruiting and selection process?
· As social media becomes a growing hiring influence because of its reach and information prospective applicants freely share, how can organizations protect themselves against charges of invasion of privacy?
Required Resources
The following resources are required to complete the assessment.
Library Resources
The following e-book from the Capella University Library is linked directly in this course:
· Arthur, D. (2012). Recruiting, interviewing, selecting, and orienting new employees (5th ed.). New York, NY: AMACOM.
. Chapter 6.
· Cavico, F. J., & Mujtaba, B. (2017). Diversity, disparate impact, and discrimination pursuant to Title VII of U.S. civil rights laws. Equality, Diversity, and Inclusion: An International Journal, 36(7), 670–691. DOI:10.1108/EDI-04-2017-0091
Suggested Resources
The following optional resources are provided to support you in completing the assessment or to provide a helpful context. For additional resources, refer to the Research Resources and Supplemental Resources in the left navigation menu of your courseroom.
Capella Resources
Click the links provided to view the following resources:
Library Resources
The following e-books and articles from the Capella University Library are linked directly in this course:
· Davison, H., Maraist, C., Hamilton, R., & Bing, M. (2012). To screen or not to screen? Using the Internet for selection decisions. Employee Responsibilities & Rights Journal, 24(1), 1–21.
· Griggs v. Duke Power Co., 401 U.S. 424. 91 S. Ct. 849, 28 L. Ed. 2d 158, 1971 U.S. LEXIS 134, 3 Fair Empl. Prac. Cas. (BNA) 175, 3 Empl. Prac. Dec. (CCH) P8137 (Supreme Court of the United States March 8, 1971, Decided).
· Houtenville, A., & Kalargyrou, V. (2012). People with disabilities: Employers' perspectives on recruitment practices, strategies, and challenges in leisure and hospitality. Cornell Hospitality Quarterly, 53(1), 40–52.
Course Library Guide
A Capella University library guide has been created specifically for your use in this course. You are encouraged to refer to the resources in the BUS-FP4045 – Recruiting, Retention, and Development Library Guide to help direct your research.
Internet Resources
The resources listed below are relevant to the topics and assessments in this course but are not required. Please note that URLs change frequently. Permissions for the following links have either been granted or deemed appropriate for educational use at the time of course publication.
· Biddle Consulting Group. (2015). Uniform guidelines on employee selection procedures. Retrieved from http://www.uniformguidelines.com/uniformguidelines.html
. Section 4, "Information on Impact."
. Section 13, "Affirmative Action."
· FindLaw. (n.d.). Federal recordkeeping requirements: Who is a "job applicant"? Retrieved from http://www.corporate.findlaw.com/law-library/federal-recordkeeping-requirements-who-is-a-job-applicant.html
· HR-Guide.com. (1999). HR guide to the Internet: EEO: Protected classes. Retrieved from http://www.hr-guide.com/data/G714.htm
· O'Brien, B. (2016, January 19). Muslim workers leave Wisconsin manufacturer jobs in prayer dispute. Retrieved from http://www.news.yahoo.com/muslim-workers-leave-wisconsin-manufacturer-jobs-prayer-dispute-223933438.html;_ylt=A0LEVvpwKbJWxBwA3MQPxQt.;_ylu=X3oDMTByMjB0aG5zBGNvbG8DYmYxBHBvcwMxBHZ0aWQDBHNlYwNzYw--
· South Dakota Department of Labor and Regulation. (n.d.). Sample sexual harassment policy. Retrieved from http://www.dlr.sd.gov/humanrights/publications/samplesexualharassmentpolicy.pdf
· U.S. Citizenship and Immigration Services. (n.d.). Instructions for employment eligibility verification. Retrieved from http://www.uscis.gov/sites/default/files/files/form/i-9.pdf
· U.S. Equal Employment Opportunity Commission. (n.d.). EEO-1 job classification guide 2010. Retrieved from http://www.eeoc.gov/employers/eeo1survey/jobclassguide.cfm
· U.S. Equal Employment Opportunity Commission. (n.d.). Equal employment opportunity employer information report EEO-1. Retrieved from http://www.eeoc.gov/employers/eeo1survey/upload/eeo1-2.pdf
· U.S. Equal Employment Opportunity Commission. (n.d.). Facts about discrimination in federal government employment based on marital status, political affiliation, status as a parent, sexual orientation, and gender identity. Retrieved from http://www.eeoc.gov/federal/otherprotections.cfm
· U.S. Equal Employment Opportunity Commission. (n.d.). The ADA: Your employment rights as an individual with a disability. Retrieved from http://www.eeoc.gov/facts/ada18.html
· U.S. Equal Employment Opportunity Commission. (n.d.). Questions and answers: Religious discrimination in the workplace. Retrieved from http://www.eeoc.gov/policy/docs/qanda_religion.html
· U.S. Equal Employment Opportunity Commission. (n.d.). Age discrimination. Retrieved from http://www.eeoc.gov/laws/types/age.cfm
· U.S. Small Business Administration. (n.d.). Hire a contractor or an employee? Retrieved from http://www.sba.gov/content/hire-contractor-or-employee
VitalSource e-Books
The resources listed below are relevant to the topics and assessments in this course and are not required.
· Heneman, H. G., III, Judge, T. A., & Kammeyer-Mueller, J. (2019). Staffing organizations (9th ed.). New York, NY: McGraw-Hill Education.
. Chapter 2.
. Available in the courseroom via the VitalSource Bookshelf link.
Assignment Instructions
Note: Complete the assessments in this course in the order in which they are presented, beginning with Assessment 1.
Preparation
To prepare for this assessment, complete the following:
· Read Chapter 6 of Arthur's Recruiting, Interviewing, Selecting, and Orienting New Employees e-book, linked in the Resources.
· Read the Cavico and Mujtaba article linked in the Resources.
. The Griggs v. Duke Power case in Resources may also be helpful.
· Locate an article on a case involving disparate or adverse impact in selection and hiring using the Capella library or the Internet.
Scenario
The scenario in this assessment will be determined by your choice of case.
Requirements
Using the Cavico and Mujtaba article as a framework with which to view the issue of disparate or adverse impact, analyze your selected case.
· Provide a description of the case.
. List the facts.
· Analyze the important issues in this case:
. Identify what makes this a case about disparate impact.
. Identify the dispute.
. Distinguish the theory of disparate impact from the theory of disparate treatment.
· Analyze the outcome of the case:
. Explain the court's decision.
. Note whether you agree with the court.
. Analyze discriminatory impact.
· Discuss how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.
Additional Requirements
· 3–4 typed, double-spaced pages (not including title page or references).
· Use Times New Roman font, 12 point.
· Include a title page and an APA-formatted references page.
· Ensure that your written communication is free from errors that detract from the overall message.