HRM 510

Assignment 2: The Hiring Process and Managing a Diverse Workforce

Cynthia G. Lewis

Professor Alberta Thrash

HRM 510-Business Employment Law

Strayer University

November 13, 2017

Develop three (3) recruitment methods for the job opportunity in question, and suggest two (2) ways that each method helps one to avoid discriminatory practices. Justify your response.

Different organizations make use of a broad range of recruitment techniques. At an organization in which I was involved in the past, there tended to be a need for more skilled customer care personnel with the intention of enhancing sales through the provisions of top customer service. To this end, I would employ three recruitment techniques to include online, internal hiring, and job fairs (Cummings & Worley, 2014). To begin with, online recruiting involves the posting of employment opportunities on the internet so that interested individuals can express their interest by submitting an application. This method of recruitment avoids discrimination because it allows people from different regions to apply for the position advertised. In addition, online recruitment encourages candidates from all walks of life to apply for the advertised position as long as they meet the requirements as listed in the job description.

Internal recruitment requires the assessment of applications that are submitted by workers from within the organization. This method gives the organization a better opportunity of selecting the most qualified individual for the advertised position with relative ease. Internal recruitment can also assist the organization to steer clear of discriminatory practices as it encourages all workers within the organization to submit their application. Furthermore, internal hiring only judges applicants on the basis of merit. Finally, job fairs allow for an employer to search out the best talent and skilled workers from all over the globe. This method prevents discriminatory practices because it encourages diverse individuals from all over the world to have an opportunity as a possible hire for the organization. Essentially, as long as an individual fulfills the prerequisites as outlined in the advertisement, all individuals are welcomed as a part of the organization.

Outline an application process that details the organization’s method of accepting all applications, as well as its method of validating applicants’ attainment of the required credentials (e.g., reviewing resumes, collecting transcripts, verifying certifications, etc.) for the job opportunity.

In the course of the application process, it is imperative that the organization is mindful to refrain from the discriminatory treatment of applicants. It is important that a method of accepting all applicants and the validation of credentials is developed. First, there should be a description of the position seeking to be filled. In this case, the position that needs to be filled relates to the addition of customer service assistants with the intention of improving sales through the provision of enhanced quality of customer service (Connolly, Connolly & Feinstein, 2017). Following the ascertainment of the position that needs to be filled, a meeting should be held within the work area to review and evaluate the requirements of the position. This way, the position advertised will clearly state the requirements that any potential applicant will need to possess. The next step in this method will be an acknowledgment of the receipt of applications. All applicants should be informed that their application has been received by the organization.

Next, there will be the screening of all applicants. During this stage, the resumes submitted will be sorted on the terms of disqualification through the use of successive, more comprehensive assessments. After determining the most qualified applicants, the organization will then proceed with the interview process. The interview will be conducted with the intention of determining whether or not the candidate possesses the necessary qualifications required to perform the task for which the organization is seeking; after which the organization will go on to conduct reference checks (Connolly, Connolly & Feinstein, 2017). During this process, the organization will contact the applicants’ former employers, schools, and colleges as well as any additional sources for the purpose of gathering more information regarding the candidates’ past employment, academic background, and job qualifications. Subsequently, the selected candidates

will be notified after which, job placement induction will begin. Lastly, a follow-up meeting will be held with the selected workers to determine their progress.

Develop a five-(5) step procedure for the HR Department to use in order to maintain all applicants’ records in case a discriminatory charge occurs.

Discrimination issues rank among the most common issues that contemporary organizations continue to face. When it comes to the hiring process, such situations can emerge quite easily. Because of this, it is of the essence that the organization take the necessary measures to efficiently document every detail that is involved in the application process (Armstrong & Taylor, 2014). Therefore, the following 5-step procedure for the Human Resource Department can assist with respect to the maintenance of all applicant records in the event a discriminatory charge takes place. First, during the selection of candidates for job opportunities, there should be a file that contains the names and any information of the candidates that were not chosen, those who were selected but declined the opportunity, and those that were offered the opportunity and accepted. Second, there should be a detailed explanation for those who were not considered for a position within the organization, as well as for certain individuals that were offered the opportunity but declined. Third, a list of the names of interviewers should be kept with documented follow-ups for each applicant. Fourth, the organization must keep every document that was used in the course of the interview process which might contain interview queries and responses from the individuals that applied for the position. In regards to a final step, a copy of the disclosure form must be given to each candidate during the course of the application procedure to assist them in gaining an enhanced comprehension of the rules and regulations with respect to the hiring process. Undoubtedly, the employment of a 5-step procedure helps to ensure that the organization adheres to the best practice when it comes to the hiring process. Moreover, a process such as this will safeguard against any discriminatory practices that may occur during the hiring phase (Armstrong & Taylor, 2014). The 5-step

procedure will allow each individual a fair chance of applying or even considered for the position while the organization remains protected from any allegations of discriminatory practices.

Decide on three (3) background checks that the HR Department must utilize, and justify the relevance of each background check for the job opportunity.

Once an employer arrives at this stage, it usually means that the potential candidate has been strongly considered for the position. Conducting background checks essentially helps the hiring party to make a clear decision on a candidate.

Without question, background checks relate to some of the most critical facets of the hiring process. As result, in situations wherein an organization might consider an individual for employment, it is necessary that a background check is first conducted. More precisely, background checks are put into use with the intention of verifying information that has been provided by the applicant. It also helps to determine if any disqualifying factors exist. By carrying out background checks, the organization has the potential to effectively validate the capabilities of the candidate for which it is seeking to employ (Walsh, 2016).

The first background check that the HR Department has to make use of relates to the verification of a criminal record. Criminal checks are of great value owing to the fact that they enable the hiring organization to attain a clear understanding of whether or not the potential candidate can maintain the company’s trust. Another type of background check that the HR Department might utilize is credit checks. This allows an organization to perform a thorough verification of the candidate’s credit report that might reveal any potential risk for employment. This is considered especially for any potential candidate that may be applying for a position within a finance department, in accounting, or as a sales agent. However, the hiring agent must inform and receive the candidate’s consent before the credit report is requested. Finally, reference checks are equally important when considering a potential candidate for hire. By

performing reference checks the organization can clearly verify an individual’s personal traits, previous work experiences or history, as well as academic background. According to SHRM (Society for Human Resource Management), human resource personnel has reported that reference checks are conducted regularly on various employment positions. Each form of the aforementioned background checks serve an important purpose for organizations when it comes to the hiring process.

Choose three (3) employment tests (e.g., drug tests, medical examinations, HIV tests, generic tests, polygraphs, honesty tests, psychological tests, intelligence and skills tests, and physical fitness, etc.) that the HR Department should use. Justify the relevance of each selected employment test to the job requirements.

Employment tests play an important role in the hiring process. Various types of employee tests are available, and it is usually up to the organization to decide on the tests that are most important to them during the hiring process. Regarding the organization under focus, the first type of employment test that the HR Department should use relates to skills testing. Typically, skills testing are applied to different candidates who claim particular skills or knowledge necessary for the performance of customer service roles. Indeed, skill tests are often perceived as a very dependable and legitimate technique through which an applicant’s job performance skills can be effectively evaluated (Armstrong & Taylor, 2014). With respect to the organization under focus, an array of skill tests can be applied to the customer service role including written and oral communication, typing, multitasking, and much more. It is important that the organization place a great amount of emphasis on skills testing since customer service personnel are expected to use such capabilities every day. Hence, testing the aptitude with which the applicants may carry out such tests can offer important insight with respect to the applicants’ ability to deal with the tasks that are associated with the customer service position.

Another employment test that the HR department might need to perform relates to drug testing. The primary reason that an organization may consider performing a drug test is to keep workers safe while taking into consideration that drug use typically results in dangerous behavior. As such, the organization should see to it that any applicant that may be suspected of drug use are screened prior to their employment with the company. In fact, having applicants to abide by the drug tests will enable the organization to offer the necessary assistance to those that may suffer from drug dependence. This effort will allow the applicant a chance to use the organization’s assistance to deal with their addiction problem and will help to avoid any unforeseen allegations as a result of safety violations.

And lastly, the HR Department might also consider utilizing the aptitude test. These tests are usually conducted for the purpose of gauging an applicant’s general intelligence, arithmetic skills, measuring cognitive abilities, as well as other capabilities to establish if the potential candidate would be a good fit for the position. Basically, with such tests the potential employee’s ability to handle basic tasks can be determined (Walsh, 2016).

Formulate a policy for making both the hiring and promotional decisions related to the job opportunity. Specify the major challenges and potential adverse impact of using subjective criteria for assessing soft skills. Next, suggest one (1) plan to mitigate the adverse impact. Justify your suggestion.

Organizations are expected to bring in the most appropriate individuals to the workplace. Predictably, the employment of individuals who are not the right fit for an organization can prevent the company from accomplishing its goals (Armstrong & Taylor, 2014). In the same way, when it comes to the promotion of workers, organizations are equally expected to choose the best individuals from their pool of workers. Consequently, a policy that encourages equal employment opportunity with regards to hiring and promotional decisions will be adopted (Cummings & Worley, 2014). The organization’s policy of hiring and promotional decisions will

make it totally clear that the Human Resource Department, along with other managers and supervisors will be tasked with the responsibility of arriving at such decisions. Appointed individuals will be responsible for the assessment of the candidates chosen to be interviewed. In addition, the team will be tasked with the responsibility of selecting the candidates deemed most appropriate for the position offered. Prior to the selection of the candidates, the team will comprehensively analyze each and every applicant’s experience, knowledge, as well as their capabilities in an effort to gain a clear understanding of whether or not they are a perfect match for the job (Cummings & Worley, 2014). Furthermore, the organization’s policy will affirm that promotional decisions will be determined on the basis of the most recent performance assessments. Nevertheless, for an individual to be considered with respect for a promotion, it must first be shown and proven while meeting the necessary requirements and expectations. Indeed, individuals who surpass expectation will obtain an enhanced likelihood of being promoted.

It has been discovered in certain instances that management and individuals tasked with recruitment responsibilities tend to be biased in situations that involve soft skills. In essence, such persons affirm that soft skills vary contingent upon ascribed characteristics, for instance race, background history, along with ethnicity. Such stereotypes are often formed as a result of an individual’s personal or professional experience with differently recognized groups (Walsh, 2016). Unfortunately, in situations in which employers demonstrate a sole reliance on experience, discrimination is bound to be developed from both a racial and ethnic point of view. Inevitably, such a situation has the potential to bring about challenges as well as adverse impact. Various bodies of research focusing on minority populations have learned that hiring standards that are subjective and informal have the potential to lead to fewer individuals of minority groups being hired.

Consequently, one way through which such adverse impacts can be mitigated would be to train individuals assigned to the recruitment process. Herein, it will allow for a clear understanding of any unsavory ramifications of such behavior. Together with this, they will have knowledge of the fact that prejudices and stereotypes will never be considered in the course of the assessment of soft skills. Certainly, unconscious stereotypes have the potential to display negative influence on the job selection procedure in situations wherein decisions tend to be anchored to subjective personalities instead of objective indicators of the individual’s job-related capabilities (Walsh, 2016).

Recommend two (2) types of reasonable accommodations for both disabled applicants and applicants needing special religious considerations. Argue two (2) legal reasons for not being able to sufficiently provide such reasonable accommodation for each group.

One example of a reasonable accommodation for disabled applicants would be the provision of wheelchair ramps. In addition to this, the provision of accessible parking would be another reasonable accommodation for wheelchair-bound applicants. The American with Disabilities Act (ADA) provides that such accommodations should be made accessible to any person, applicant or employee with a disability. A noteworthy legal justification for being unable to adequately offer reasonable accommodations would be in the case of ‘undue’ hardship to the organization. For instance, construction regulations make it illegal to add extra mechanical equipment. Yet another important legal justification for being unable to adequately offer reasonable accommodations would if the business is a not-for profit corporation, hence its inability to fund the installation of necessary equipment.

Accommodations for any applicant in need of special religious considerations would be the acceptance of religious attire to be worn during the course of an interview process (Armstrong & Taylor, 2014). Moreover, the permission of applicants to reschedule interview sessions to attend a religious occasion can equally be considered as a reasonable accommodation.

A legal justification for being unable to adequately offer reasonable accommodations might require that the position is filled immediately. Additionally, the employer might incur undue hardship by allowing the applicant to miss a pre-scheduled interview session.

Select one (1) case in which a court charged an organization with an affirmative action violation and one (1) in which a court charged the organization with not managing harassment issues more expeditiously. Recommend an action plan geared toward preventing the issues addressed in both cases within your selected organization. Justify your recommendation.

Numerous cases involving affirmative action contraventions continue to be reported with notable regularity. An example of organizations that have found themselves at the center of such cases relates to CSX Intermodal which was compelled into paying its female pool of employees back pay as a result of affirmative action violations, in particular, disparate pay structures. Within the organization under focus, such unsavory situations will be prevented through the creation of a program that is exclusively aimed at ensuring quality in pay, irrespective of gender, race, and other diversities.

In regards to harassment, one organization that found itself the target of an EEOC charge is Mid-American Specialties. The company was charged with accusations of failing to address various incidents of sexual harassment that spanned more than two years (Connolly, Connolly & Feinstein, 2017). To worsen the situation, the organization was found to have laid off some of its female workers who made the decision to report the harassment, as a retaliatory act. The organization has taken action to establish a comprehensive sexual harassment policy in an effort to prevent such circumstances from happening again.

Choose three (3) work-life conflicts that the HR Director should consider within the selected organization. Then, outline a policy geared toward resolving each conflict through the use of related employment laws. Justify your response.

There are several work-life conflicts that the HR director should consider within the organization including work overload, inflexible work hours, job stress, as well as FMLA. As such, it is important that various policies are implemented with the intention of addressing supposed work-life conflicts (Walsh, 2016). Considering work overload, the organization should see to it that employees only work for a specific period of time for which they are compensated with allotted hours granted for family and home-life situations. Work overload can result in many negative outcomes not only for the employee but also for the organization. Further, regarding inflexible work hours, the organization must allow certain workers, specifically individuals that are working and studying simultaneously, the privilege to choose flexible work hours (Kelliher & Anderson, 2010). This way, workers can fulfill their personal goals while also delivering their best for the organization. It would also benefit both the organization and the employee if a program was made available for those who may be dealing with certain levels of stress while on the job.

Some employees experience serious health conditions or may need to take an extended leave of absence to care for close family members such as elderly parents, spouse, or children. An employer must grant the worker with time-off as required under the FMLA, if the provision of a physician’s authorization has been adequately submitted. Initially, it is the employee’s responsibility to inform their employer of the need for an FMLA. Though an employee’s total condition does not necessitate detailed information with the immediate supervisor, HR management will need to be aware of the full details to determine if FMLA policies have been met.

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

Intensification of work. Human relations, 63(1), 83-106.

Walsh, D. J. (2016). Employment Law for Human Resource Practice (5th ed.). Mason, OH:

South-Western Cengage Learning.

THE HIRING PROCESS AND MANAGING A DIVERSE WORKFORCE

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