Assignment 3: Pay, Benefits, and Terms and Conditions of Employment

Assignment 2: The Hiring Process & Managing a Diverse Workforce

Penny Williams

Dr. Talil Abrhiem

HRM 510: Business Employment Law

November 11, 2018

Recruitment, the act of inducting suitable candidates for a particular job position, is a primary function of Human Resource Management that greatly impacts the accomplishment of organizational goals. Lately, there has been great stress upon managing a diverse workplace, since they are known to flourish productivity, where employee differences are harnessed and talents are utilized to effectively meet organizational goals (Dike, 2013)

Question 1

The job opportunity for this recruitment procedure in question is that of a Marketing Manager. It is essential to devise recruitment methods that will not only help in recruiting efficiently and cost effectively, but also help avoid discriminatory practices. In order to avoid being vicariously liable, all necessary steps must be taken, being the HR Director, to avoid any and all forms of recruitment methods that facilitate this discrimination.

The first recruitment strategy that is feasible to employ is that of internal or in-house recruitment. This can be done via transfer and/ or promotion of existing staff, or through the process of referrals (Richardson, 2012).

Internal recruitment may be done through promotions, job postings, succession planning etc. It helps avoid discrimination since the pool from which the candidate will be selected is narrow, as opposed to external recruitment where there are a large number of candidates to scan, with a diverse portfolio and varying characteristics.

In Internal recruitment, entire staff is encouraged to submit their applications, and the most qualified is then selected easily based on merit, thereby minimizing chances of discrimination.

The second method of recruitment that can be adopted, being an HR Director, is to go online. Posting job advertisements online is a non-discriminatory method of recruitment since candidates from all over can apply for the position as long as they are meeting the job eligibility criteria. Candidates from any region have the choice to apply for the position and submit their resumes.

This method of recruitment gives access to a larger pool, and companies have a chance to facilitate the nurturing of a diverse workplace. This allows the organization to radiate the image of an Equal Opportunity Employer (EOE) as well.

The third method for recruiting is the through the use of Recruitment service agencies, i.e. outsourcing staff. Being a recruiter, this method allows for selecting the most suitable candidate with the help of agencies that specialize in this regard. For this, they charge a certain fee (Dessler, 2013).

Discrimination is minimized since the hassle of being discrimination-free shifts to the service agency doing the recruitment, and since they specialize in what they do, chances of this happening are minimal.

Another reason this method can help avoid discrimination is because these service agencies have diverse policies and guidelines in place that help them make better decisions and recruit a candidate based on merit, without any discrimination.

Question 2

In the recruitment procedure, the first thing to do is notify the public that there is a vacancy in the organization. A job description needs to be developed for the said position. In this case, the position to be filled is that of Marketing Manager. The HR department can do this via posting an internal memo, employee referrals, posting the job advertisement online or on a specialized job portal, publishing it in newspaper, or contacting an employment service agency. Once the notification is released, an application process will be devised and implemented for selecting and recruiting the right candidate.

Potential candidates can be asked to mail their resumes to the organization’s email address, or by post. Receiving applications online are easier for follow up since there are various systems available that can help filter out potential candidates with the right knowledge and skill set. Also, online receiving can also help give out automated responses of acknowledgement to candidates who have applied. Reviewing applications and related documents will screen out potential candidates qualifying for interview (Kumari, 2012).

Before the interview process, a number of tests can be taken to analyze whether the potential candidate is suitable or not. These tests may be integrity tests, ability tests, and personality test etc.

The interview process gives the recruitment team a chance to further assess the potential candidate in terms of knowledge, personality, person-organization job fit etc. During the interview, prior tests and knowledge gathered about the candidate allows HR to reconcile information that is conflicting in order to check their legitimacy (Mathis & Jackson, 2017).

Tests that check for personality also play a key role in determining whether the candidate can help adjust and prevail in a diverse work environment.

After the interview process, it is necessary to conduct background checks, in order to verify the information that has been provided by the applicant, and also to uncover potentially harmful information (Dessler, 2013).

Checking and verifying the applicant’s information can be done by contacting former employees, schools, colleges etc. After all the necessary recruitment procedures have taken place, induction will begin.

Question 3

In most cases, whenever a discrimination case is charged against an organization, the organization loses. Thus, an employer needs to make sure that record is kept and maintained from scratch and everything is documented, in order to support the organization in case of any discrimination charge.

The following steps can be taken to prevent such charges:

(1) A pre-employment data base needs to be created that contains data pertaining to all candidates, whether they were selected, selected but did not take up the offer, or not selected at all. All kinds of interview notes, resumes and documents needs to be a part of this data base.

(2) The file should contain list of all candidates, along with reasons for candidates that were not selected, as well as candidate who applied but eventually did not take up the offer.

(3) A list of all interviewers should also be kept and maintained, along with their comments and other notes.

(4) A record also needs to be maintained of the current employees working for the organization. All sorts of health and other benefits need to be complied in the database in order to keep a record of the benefits being received by each individual working in the organization.

(5) Finally, a detailed disclosure must be sent to all aspiring candidates prior to recruitment so that they know the rules, regulations, and policies pertaining to the hiring process of the organization.

Question 4

Background checks mean that a candidate has successfully passed all previous steps and is about to get hired. The three background checks that are necessary to perform in order to check the credibility of the candidate and uncover damaging information (if any) are criminal checks, credit checks, and reference checks.

Criminal checks need to be made in light of relatedness to the job in question. This check is done in order to check the integrity of the potential candidate. Other aspects that need to be noted are the seriousness of the offence, if any, and how recent the offence was. These checks need to be done in order to ensure the safety and security of the organization and its employees.

The second check that needs to be done are credit checks. Credit checks are vital for roles such as those in Sales, Finance, and the like. These positions give an employee control over assets and the organization needs to make sure that the employee is trust worthy enough to handle such assets of high worth. How good the candidate is with money will help see the credibility of the candidate, as well as their ability to handle money and continue with the job.

The third check that is also important to perform are reference checks. The employer needs to contact previous employers, friends, and co – workers to confirm previous places of employment, dates, and other areas that need reconciling.

Question 5

Employment tests help in identifying various desirable and undesirable characteristics of a potential candidate that are going to impact their job performance.

In the current scenario of hiring for the post of Marketing Manager, the first test that should be taken is the skills test. This type of test helps in identifying and evaluating a candidates’ performance skills (Armstrong & Taylor, 2014). The skills that a Marketing Manager needs to be assessed on the most are communication skills, teamwork skills, and adaptability, to name a few.

The second test that should be taken is drugs test. It is the responsibility of the organization to make sure that other employees are working in a safe environment. This is because drug abuse leads to dangerous and even harmful behavior. Candidates who have drug abuse issues can be taken care of, to deal with their problem and save them from inconveniences.

Lastly, the third test that can be taken is the intelligence test, both the Emotional Quotient (EQ) and the Intelligence Quotient (IQ). Intelligence test will gauge the cognitive skills of the potential Marketing Manager, while EQ will judge the interpersonal skills that the Marketing Manager strongly needs to have in order to do his job.

Question 6

Selecting and recruiting the right employees for organizations help in accomplishing organizational goals and promotes overall profitability of an organization. As a recruiter, it is our job to hire the most suitable candidate for the job opportunity in question through the use of established criteria, qualifications, and expertise.

First and Foremost, since the workplace promotes diversity and avoids discriminatory practices, it is only but obvious that a policy needs to be in line for Equal Employment Opportunities within the organization.

An objective criteria needs be formulated for recruiters to follow when making hiring decisions. To facilitate transparency, guidelines or policy documents should be designed that provide a detailed outline of the hiring and promotion process.

Recruiters will then analyze the applicants’ documents, qualifications, and other aspects to see if they meet the criteria to get hired.

Likewise, in the case of promotion, the organization must abide by the same laws that demote discrimination. The HR team must proactively document all evidences and feedback to justify their subjective assessment leading to promotion decisions. For this, they may make use of performance assessment tests.

It has been observed that recruiters tend to make certain biases in assessing candidates that involve judgement based on subjective criteria. This is because of the biases that may consciously or unconsciously arise, such as those based on characteristics of a certain group or race, etc. These biases are acting as a hindrance towards the promotion of a diverse culture in the workplace, leading to minimal hiring of candidates from minority groups.

Thus, the organization should analyze their policies to eliminate the hidden biases that may exist in the hiring and promotion processes. Second, formulate diversity goals in the hiring procedure to promote diversity. Formulating such goals will help recruiters keep the goal of diversity in mind so that they may press down any biases that may arrive while making any decisions. Other steps that can be taken are standardizing interviews, reworking your job description, and creating a general awareness of such biases so that recruiters learn to reduce them.

Question 7

Reasonable accommodation can be provided for disabled applicants through provision of special equipment or facilities like ramps for the wheel chair bound.

Another accommodation can be separate space for parking for persons with disabilities.

However, an organization may be legally bound not to provide such accommodations. For example, if the provision of the reasonable accommodation becomes an undue hardship.

A non-profit organization may face undue hardships due to unavailability of adequate funding.

Second, some businesses like construction also prohibit extra equipment in the field.

In the case of religious considerations, applicants may be given the option to reschedule their interviews in the case that a religious event lies on the same date. Second, organization must also allow religious attire, like veil for Muslim women, when coming for interview process.

In the case that an undue hardship falls on the employer by rescheduling, it is not obligatory to do so. Moreover, in the case that a position requires immediate filling, reasonable accommodation need not be provided.

Question 8

Numerous cases are filed against organizations on issues such as gender disparity pay, harassment issues, etc. One such example is of the Nike case where four women filed a suit against the shoe company for violating its equal pay act and complained that they were being paid less, with smaller benefits, and lesser chances of promotion. The organization in question can avoid such disparity claims through timely audits of its payment practices. Legal policies should be adopted and recruiters and management need be trained to follow them in order to avoid such lawsuits. Such a check and balance system helps organizations keep track of any discrimination that might be occurring.

Another example of court charge for mismanagement of harassment claims is against the company Catholic HealthCare West where an employer repeatedly filed complaints against sexual harassment, all to no avail.

Such cases can be avoided by constituting an internal complaints committee to hear out complaints of employees and effectively dealing with them. Strict policies should be kept in line for harassment issues. Employees will be assured in this way that they have a space where they can go where such claims can be effectively dealt with.

Question 9

One of the various work-life conflicts that might prevail in an organization are heavy workload, due to the global work hour syndrome, as well as technological advancements that have increased telecommunication at all fronts (Tripathi & Negi, 2015). Work life balance programs can be devised by the organization to attract and retain candidates. The Working Time Regulations Act (1998) helps protect employees in this regards. Employees can choose their hours limit and cannot be coerced to work beyond the hour limit. The Pay and Work Hours Helpline is also available in this regard.

Another work life conflict is due to the organizational culture of various American employers (Foucreault & Menard, 2016). Top management sets the culture of any organization and have a strong impact on employees working hours, schedules, and work-life balance. As a result, employees may also face inflexible working hours. A solution is to devise a policy for Flexible Working Arrangements in the organization (Kelliher & Anderson, 2009) .For this, new laws are being created for Flexible Working.

The third work life conflict are leaves such as maternal and pregnancy leaves, and other medical leaves. The rights granted to employees are covered under FMLA (Family and Medical Leave Act) as well as Title VII of Civil Rights Act. FMLA provides employees with the ease of balancing work as well as family (Mayer, 2013).

The organization needs to devise FMLA policies and ensure they are being met if employees require them.

References Armstrong, & Taylor. (2014). ARMSTRONG’S HANDBOOK OF HUMAN RESOURCE MANAGEMENT PRACTICE. Dessler, G. (2013). Human Resource Management. Pearson. Dike, P. (2013). The impact of workplace diversity on organisations. Foucreault, A., & Menard, J. (2016). Organizational culture and work–life integration: A barrier to employees’ respite? Kelliher, C., & Anderson, D. (2009). Doing more with less? Flexible working practices and the Intensification of work. Kumari, N. (2012). A Study of the Recruitment and Selection process. Industrial Engineering Letters. Mathis, R. L., & Jackson, J. H. (2017). Human Resource Management. Mayer, G. (2013). The Family and Medical Leave Act (FMLA):Policy Issues. Richardson, M. A. (2012). Recruitment Strategies – Managing/Effecting the Recruitment Process. 5. Tripathi, D. R., & Negi, D. A. (2015). Work Life Balance Among Employees In Private And Public Sector Banks Of Uttarakhand.