examining the legal Environment

Legal Case

A legal case is the dispute of the general sense which is done between two parties which in the end have to be resolved by the court or by any other legal process. Basically the legal case is either the criminal law or the civil law. There are typically more than one defendant and more than one accuser. Most commonly in the legal case the parties may not have the opposition but in fact they require something more legal so that they can establish the fact which is legal; for instance the case of divorce.

Disparate Impact and Disparate Treatment

Most commonly the disparate treatment and the disparate impact are the practices of the discriminatory. The difference between the disparate treatment and the disparate impact is that the disparate impact is the unintentional discrimination and the disparate treatment is the discrimination which is intentional. Both terms are sometimes used as alternatives.

The example for the disparate impact can be that is the company’s policies, procedures and the practices are unbiased but at the same time it ends with the disproportionate impact on the groups which are somehow protected such as race, religion, color and the origin of the nationality and the sex. This is the best example of the disparate impact.

And the example for the disparate treatment can be taken as if the company’s policies, procedures and practices are made intentionally that often eliminate the groups which are protected and based on the color, sex, religion, race, and the origin of the nationality. This can be the best example of disparate treatment. (“Disparate Impact vs. Disparate Treatment - Clarifacts,” 2015).

The Case

Hiring individuals for business can be a difficult and important task. It can be unethical for the business if it hires the people with the position, prestige and power. The right plan for the hiring process is made by the company at first. Most of the employees are hired without any experience. In this case the individuals are without any specific experience and the company has to train the employees. The most commonly the company’s HR management is responsible for hiring the individual. During the interview the interview panel asks certain questions. They hire individuals with the best skills in them and the skills are required for the company.

An issue in the Case

The only issue which stands in the case can be that the company is hiring individuals without any previous experiences and the company has to train the individuals from the start and that can be quite fussy and time-consuming.

Legal and Regulatory Framework

To have a smooth relationship between the employers and the employees the legislation of the employment has to deal with the body of the facts and laws. There are certain issues that are involved in the working of the legal and the discrimination and the safe environment of the working condition, this is involved by the legislation. The major laws are;

Act of 1970’s Pay

This dictates the discrimination should be not involved and be eliminated in employment on the bases of the financial that is made to the gender.

1998 the rate of the National Minimum Wage

It dictates that the employee gets the wage that is minimum at the rate of per hour. In 2003 the rate of the wage for the adults were $4.10 and $4.50, this was given at the rate of per hour work and the wage for the age of the 18 years to 21 years was starting from $3.50 and maximum was $3.80 that was for the per hour work.

Discriminatory Effects

Often there is the discrimination in the ethics during the recruitment and this is done by sending the applications of the fictitious to the openings of the job that seems to be real. Candidates with the skills which randomly match to the skills required to the company.

Uniform Guidelines

There are certain guidelines that help HR managers to hire an individual. Similarly there are certain adverse effects on the candidates that can easily be avoided. The adverse impacts are the ones that are referred to the practices of the employment that are neutral but somehow appear to be neutral but can effect in a way of the discrimination on the group. There are certain companies that produce the effects of the discrimination on its employees’ such as they are based on race, color, sex, religion and other factors.

Communication

The communication that has to be between the employer and the employee should be meaningful and professional. There are certain rules for communication has it based on the organization. Because it has to be formal and sometimes informal communication, the communication is sometimes between the employer and the employee, and sometimes of the employer or employees to the management. There are also certain strategies for communication in the organization.

Guideline for Selecting Employee

There have been many guidelines which are given for selecting the employees, before selecting the employee we will give a look to certain things such as the purpose of the statement, scope, we need to discriminate the use of procedures selection and the discrimination. We need the impact information, validity of the general standards is need and there are many more.

References