HRM 510: Business Employment Law Assign 3

The Hiring Process and Managing a Diverse Workforce

Melissa Miller

Professor: Dr. David Fountaine

Strayer University

Global Campus

HRM 510: Business Employment Law

August 13, 2018

Recruitment Methods

The recruitment process is one of the most important activities undertaken by organizations. Since there are various approaches to recruitment, organizations typically select strategies that are most suitable for hiring their required pool of labor. During the hiring of workers, organizations usually choose a recruitment approach based on the ability of the method to lead them in acquire workers with specific attributes that can add value to the organization. Recently, I was an employee of a company with an ineffective customer care unit (Armstrong & Taylor, 2014). Admittedly, the customer care department contributes significantly to the success of a business organization. As such, the relationship between them and the customers translates to their ability to increase the volume of sales that they make. As a way of salvaging the fortunes of the organization, I would adopt three recruitment approaches namely online hiring, internal recruitment and global hiring.

To begin with, online hiring involves posting the vacant positions in an organization on online portals, and the individuals who are interested in the positions apply for the jobs by delivering the necessary details about them via the internet. This method is fair because it gives people from different parts of the world, irrespective of race or social affiliations, the equal opportunity to apply and get hired solely based on their qualifications.

Further, as concerns internal recruitment, human resource managers advertise vacancies only to its employees and the job application documents delivered by the interested applicants are objectively gone through to come up with a list of individuals who meet the stated qualifications. After this, the list of the applicants that have appealed to the recruitment team is made and the qualified individuals are scheduled for a job interview (Connolly Jr., Connolly, & Feinstein, 2017). This hiring approach is free from discrimination and preferential treatment thus the firm is not exposed to allegations of discrimination that usually taint the reputation of organizations.

Lastly, global recruitment is a hiring approach that appertains to the phenomenon in which organizations look for individuals with outstanding capabilities from different countries in the entire world to fill particular positions (Cummings & Worley, 2014). Undoubtedly, this criterion is devoid of ethnic-based profiling since organizations invite applicants from the world over and they offer jobs to people from a global perspective. Moreover, the approach is fare since applicants are offered jobs only with the considerations on their abilities to execute their job descriptions.

Application Process

In connection with the processes relating to job applications, the organization is obliged to conform to every regulation governing these processes as a measure to stay free from complaints of discrimination. To help the company in this regard, a useful approach criterion has to be laid down that regulates the examination of the documents submitted by job applicants in a manner that every applicant is valued and their particulars are honored (Armstrong & Taylor, 2014). The process is as follows. First, the available positions are identified and clarifications are given on the departments of the organization where the vacancies are available. Second, the qualifications needed for filling them are specified well. Third, the confirmations that the hiring company has received applications are sent to the applicants.

The fourth step relates to the evaluation of all the application documents whereby assortment is done to separate valid applications from applications that do not meet the due expected application conditions as indicated by the company. Fifth, the company narrows down on the candidates that most fit their required labor standards. This is done by academic qualifications, work experience and in some cases, special abilities of the applicants.

The sixth step undertaken in the recruitment process is the scheduling of the date of job interviews, and then formal invitations for the interviews follows afterward (Cummings & Worley, 2014). In the seventh stage, the referees are contacted from the list provided in the curriculum vitae as a way of doing background checks on the applicants to ascertain the authenticity of the details indicated in their application documents. This step is followed by interviewing of the selected individuals. Finally, the individuals who perform better than the rest are hired, orientated and then integrated into the company.

Five-Step Procedure

In modern times, allegations of discrimination in firms are a standard feature in media outlets. Essentially, firms have to build the capacity to address such claims and keep records of serious allegations directed to them in connection to forms of discrimination that may be raised about their recruitment processes. Indeed, applying the five-step procedure is one of the ideal methods of addressing such critical assertions.

To begin with, it is imperative that companies compile and store the list of individuals who were overlooked during the recruitment process, including brief information on why the company could not hire them and the list of people who were selected but declined to appear for an interview is also compiled and filed. The next step requires that details of interviewers and their follow-up activities are archived (Connolly Jr., Connolly, & Feinstein, 2017). Further, the firm is expected to organize and keep information on the written documents used during the recruitment process. In the final step, the hiring organization issues copies of the disclosure form to the applicants as they submit their application documents. The disclosure form contains rules privy to the entire hiring process. The use of the five-step procedure can position the firm favorably about conforming to regulations that control the hiring process.

Background Checks

For organizations, the significance attached to the carrying out of constructive background checks is immense since background checks provide the most valid basis for the assessment of the information that the interested job applicants reflect in their application documents. Moreover, background checks also enable the recruitment personnel to establish strong reasons for hiring specific individuals while dropping others with similar general qualifications (Armstrong & Taylor, 2014). Background checks are a prerequisite since several candidates who apply for the same positions may have the same academic requirements and work experiences. The three most important considerations in carrying out thorough background checks relate to establishing criminal records, verifying credit standings of the candidate and doing reference checks.

Firstly, criminal checks are carried out to enable the company to establish the integrity of the potential employee in the company. Comparatively, credit checks are necessary as well since it provides the company with the information concerning the creditworthiness and the financial discipline of the company’s would-be worker. Having such knowledge goes a long way in aiding the company in making vital financial decisions like decisions on issuance of loans to the new employees. In connection with referee checks, it is essential that the company contact the referees indicated by the potential employees on their application documents so that their work experiences, characters, work ethic, and academic qualifications are verified promptly. Indeed, background checks are the best way by which organizations can establish the suitability of potential employees to work for the company based on information derived from reliable sources as stated by the candidates themselves. Moreover, undertaking background checks on shortlisted candidates puts the company in a better position concerning hiring candidates that can add value to the vision and mission of the firm.

Employment Tests

To improve performance in the company’s customer service department, the human resource development department needs to enhance the skills and abilities of the employees in this sensitive department since maintaining current customers, and the expansion of the company’s customer base depends on the level of this department’s effectiveness. Based on this, three employment tests that the human resource department can employ to this effect are testing the skills of the knowledge of candidates, doing drug tests on the candidates and carrying out aptitude tests on the applicants.

As a start, candidates who portray unique attributes are exposed to skills testing so that their customer service acumens are enhanced to their best abilities. When these workers undergo skills testing, the firm is capable of ascertaining the tactics that each worker is likely to use in serving customers. Primarily, the ability of the workers is assessed in areas such as doing multiple tasks at a go, communication skills, relationship with co-workers among other vital skills (Armstrong & Taylor, 2014). Assuredly, a customer service unit put their skills to use on a daily basis. Thus, the Human Resources Department of the firm have the mandate of putting more focus on enhancing these skills. In the same sense, establishing the efficiency with which candidates utilize these tests is equally critical. Employment tests provide insight on the impact that the candidates can eventually create in the customer service department.

Furthermore, the value of drug tests when it comes to the hiring process cannot be emphasized enough. In particular, drug tests are typically performed in a bid to keep workers from being harmed by drug-using fellow workers (Connolly Jr., Connolly, & Feinstein, 2017). Since drug users are known to conduct themselves in dangerous ways, knowing such individuals before the organization hires them is highly critical. Organizations that fail to exercise a great deal of caution in the course of the hiring process can suffer various unsavory consequences, for instance, if they end up hiring drug users.

About aptitude tests, these kinds of tests are equally of immense significance because they aid in gauging potential employees regarding their general intelligence, mathematical skills, among other areas of relevance (Cummings & Worley, 2014). Through the completion of these tests, organizations can be sure that the individuals they have decided to pick live up to their expectations concerning the execution of essential tasks.

Policy for Making Hiring and Promotional Decisions

The making of hiring and promotional decisions undoubtedly ranks among the most critical processes in any given organization, and with good reason. Succinctly, in case the organization hires or promotes the wrong person, they may fail to execute the roles with which they are tasked to the levels expected of them by the organization. Due to this, it is highly critical that the organization implements an effective policy for hiring and promoting workers so that the most appropriate individuals are chosen whenever such moments arise. To that end, the ensuing system can be put into practice by the organization to ensure that it makes the best decisions when hiring or promoting workers.

To begin with, the policy will be founded on equal opportunity. As such, all people will be given a chance to express their interest in any available position without being discriminated against (Connolly Jr., Connolly, & Feinstein, 2017). On top of this, the policy will task two parties with the making of hiring and promotional decisions, that is, managers and supervisors (Armstrong & Taylor, 2014). The managers and supervisors will be tasked with the execution of roles such as going through the applications submitted by job hopefuls, picking the individuals who should go on to the interview stage and choose the individuals who should be given the job being offered.

Moreover, before any given individual is selected for an employment opportunity on offer, the parties tasked with the making of hiring decisions will see to it that the job hopefuls are thoroughly evaluated regarding their knowledge, the degree of experience, as well as other areas of significance. As regards promotional decisions, the parties tasked with arriving at such decisions will do so after analyzing the outcomes of the most recent employee performance assessments. Succinctly, employees who record the best results will stand a better chance of being promoted.

Using Subjective Criteria

A wide range of studies has ascertained that in some cases, managers and persons who deal with matters in the recruitment of employees tend towards being biased when it comes to soft skills. More precisely, managers and recruitment personnel often affirm that soft skills tend to vary contingent on assigned ascribed attributes, that is, background, race, as well as ethnicity. On top of this, these types of stereotypes are more often than not developed as a result of an individual’s personal or professional experience with a diverse spectrum of known groups. Worryingly, under circumstances in which employers demonstrate a tendency of exclusively depending on experience, the likelihood of discrimination occurring from an ethnic and racial perspective is raised. Inevitably, such worrying circumstances have the potential to end up leading to not only challenges but also adverse impacts. Judging by the outcomes of a comprehensive body of research focused on minorities, it has been ascertained that hiring standards that are exemplified by being informal and subjective have a raised probability of leading to only a minor sum of minorities landing employment opportunities.

As a result of these disconcerting likelihoods, it is imperative that effective strategies are set into motion to mitigate such adverse impacts. To accomplish this, the adequate training of recruitment personnel as regards these adverse impacts has the potential to reduce such concerns (Armstrong & Taylor, 2014). To be precise, through training, recruitment personnel will be able to gain a clearer understanding of the disconcerting impacts that come with improper conduct on the part of those tasked with recruitment processes. Due to this, recruitment personnel needs to be made to learn that prejudices and stereotypes should never be considered when it comes to the evaluation of soft skills.

Reasonable Accommodations

The equal employment opportunity law requires that disabled applicants are sufficiently accommodated during hiring. Reasonable accommodation of the handicapped applicants entails the provision of wheelchair ramps and provision of spacious parking that can easily be accessed by the earlier mentioned group of applicants. However, the hiring company has got legal exceptions under which it may not provide the already said reasonable accommodation services to the applicants. The constitutional limitations include undue hardship to the company (Kelliher & Anderson, 2010). This may arise when the construction code of practice does not allow extra mechanical equipment in the building. Similarly, non-profit organizations are not obliged by the law to provide reasonable accommodation to disabled applicants as the company will be deemed not to be able to solicit the resources required to give the original accommodation equipment and services (Kelliher & Anderson, 2010). However, all companies are expected in good faith to provide reasonable accommodation to the disabled applicants.

Apart from the services and equipment that are required to ensure that applicants are given reasonable accommodation, religious aspect also must be considered in this case as companies are required to allow applicants to dress by the demands of their religion during the interview. Reasonable accommodation also enables the applicants to rearrange their interview sessions in consideration of their religious events (Armstrong & Taylor, 2014). This said than done; the law allows the employers to provide the above-mentioned reasonable accommodation at their pleasure. Legally, the employers have the right not to accord the applicants with the mentioned accommodations. For instance, the employer may not rearrange the interview if the religious events can be dispensed immediately. Similarly, the employer has the right to overlook this reasonable accommodation is the employer will incur undue hardship by providing the reasonable accommodation to the applicants.

Court Cases

Legal battles in the courts involving laws that relate to affirmative actions are growing day by day as reported in the news. One of the major court cases that involved affirmative action that hit the headlines was the case of CSX Intermodal Company. The company at the end of the legal battle in the court was ordered to pay its female employees’ compensation after the court ruled that the company had violated laws related to affirmative action. The case of CSX Intermodal was widely published and aired in the news because of its magnitude and because it involved pay structures (Kelliher & Anderson, 2010). The company was ordered to compensate its employees because it was found guilty of developing pay structures that were termed as desperate. Ensuring that pay discrimination of the kind does not occur again, the court ordered for the implementation of a program that will seek to ensure equality in pay irrespective of gender, race, color, sexual orientation, religion, and other diversities.

When it comes to harassment, a famous case in point of organizations that was charged by the EEOC relates to SBS Transit as a result of its failure to handle harassment effectively. At SBS Transit, a thorough sexual harassment policy will be put into practice with the intention of preventing such situations from emerging in the future.

Work-Life Conflicts

Work-life conflict is another critical consideration employer need to put in mind to ensure that the work environment is safe and meet the legal requirements of a workplace. Human resource managers are required to provide that work-related issues such as work overload, inflexible work hours, and job stress are eliminated. These are some of the house-keeping practices that human resource managers are expected to formulate policies that streamline them (Connolly Jr., Connolly, & Feinstein, 2017). Firstly, the company is likely that employees work for the time they have been scheduled to work and the number of hours they will be paid for. Work-life conflicts will not only reduce work overload but also minimize job stress among employees and to the advantage of the employer enhance performance.

The law requires that employees be allowed to work under flexible hours. As such, it is not a favor that employees should be granted to work flexibly but it is an obligation as employees are protected from inflexible work hours (Kelliher & Anderson, 2010). Flexible work hours will allow employees to meet their personal goals as they continue to serve the company something that will result in a win-win situation and enhance the morale of employees.

References

Armstrong, M., & Taylor, S. (2014). Armstrong's Handbook of Human Resource Management Practice. Kogan Page Publishers.

Connolly Jr, W. B., Connolly, M. J., & Feinstein, J. (2017). A Practical Guide to Equal Employment Opportunity. Law Journal Press.

Cummings, T. G., & Worley, C. G. (2014). Organization Development and Change. Cengage Learning.

Kelliher, C., & Anderson, D. (2010). Doing more with less? Flexible Working Practices and The Insification of Work. Human relations, 63(1), 83-106.