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Course Learning Outcomes for Unit

Upon completion of this unit, students should be able to:

5. Analyze legal issues associated with staffing organizations. 5.1 Explore diversification within the workplace. 5.2 Explain the laws relevant to staffing. 5.3 Identify the different enforcement agencies involved in the legal context of staffing.

Course/Unit Learning Outcomes

Learning Activity

5.1 Unit Lesson Chapter 3 Unit II Article Critique

5.2 Unit Lesson Chapter 3 Unit II Article Critique

5.3 Unit Lesson Chapter 3 Unit II Article Critique

Reading Assignment

Chapter 3: The Legal Context

Unit Lesson

Dylan is the Human Resources (HR) director for Company X. Company X is a manufacturing company that employees 750 people. Of the 750 employees, 700 hold positions in the warehouse or something directly related to production. These positions include assembly line worker, production team lead, machine operator, forklift driver, material deployment clerk, packer, quality control clerk, quality control supervisor, maintenance technician, maintenance supervisor, and loader. The other 50 workers hold positions within the company business office. Such positions include plant manager, production manager, maintenance manager, quality control manager, buyer planners, accountants, administrative assistants, human resources director, human resources manager, human resources clerk, training manager, training clerk, and safety manager. Each department has an administrative assistant. Each manager has an executive administrative assistant.

As Dylan prepares for an annual plant audit, he is required to look at each position within the organization and identify who currently holds that position. In reviewing the different positions and the staff within each position, Dylan realizes there are some major differences among those in management and those in non-managerial roles. The following differences were identified:

 Out of 20 senior management positions directly housed in the warehouse, 18 are males and two are females.

 Of the males, one of the males is Hispanic and two are African American.

 The two females are Caucasian.

UNIT STUDY GUIDE Talent Diversification and the Laws

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Dylan views this as a concern with diversification among senior-level management. Of the supervisory and or lead positions, 25 of the 30 are males. The ratio breakdown includes three African American males and two Hispanic males. Dylan noticed there are no females within this group. Dylan flags this as a concern and something that must be addressed with management. Dylan realized that over 96% of the staff working as assembly line workers, packers, or forklift operators were African American or Hispanic. Of this group, only 7% are females. Company X use a staffing agency for many of these lower-level positions. This raised some flags for Dylan as well.

Once Dylan views the business office staff more closely, he realized the plant manager, production manager, maintenance manager, safety manager, and quality control manager were all Caucasian males. The other management positions were held by a combination of African American and Hispanic males and females of all nationalities. The support staff with the business office consists of all females from all nationalities. While this may not be alarming to some, Dylan still had some concerns about this.

Dylan now must analyze this information. He must determine what areas of the company are in compliance with all employment laws and if there are any areas in which the company may be out of compliance. Dylan must also, along with his HR team, look at company hiring practices to see if changes are needed there. Dylan and his team must also look at training and succession management practices. As the HR director, Dylan is responsible for communicating the findings to senior-level management. Dylan will work closely with senior management to revise staffing policies. Along with policy changes, the entire hiring process will be revisited.

If you were Dylan, what actions would you take? Would the possible diversification issues cause you to take action, or do you not see them as a big deal? Many people view staffing as something simple to do. Just interview a person, and if the team likes the person, then simply hire the person. Staffing is so much more. Staffing an organization can be very challenging. Some of you may currently work in human resources and are aware of the many challenges that organizations face regularly when it comes to staffing. Whether you are a veteran in human resources or new to human resources, it is important to stay abreast of the different changes that occur with employment laws and regulations. What must be considered when staffing organizations? To what laws must a company adhere? How do companies determine what type of employees to hire? What can companies do in order to avoid staffing-related lawsuits? What can the organization do to improve diversification within the workplace? What practices should be implemented to make certain the organization is compliant with the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs. If these are questions of interest to you, the answers will be provided in this unit.

Throughout day-to-day operations, many companies are faced with various staffing concerns. Those concerns range from the type of employee the company should hire to the laws that govern hiring/staffing practices to the affirmative action and equal employment opportunity requirements. The company must be certain they also consider the different legal barriers that may impede staffing.

Typically, the human resources specialist gets involved in the staffing process. Because of this, it is very important for the HR specialist to be knowledgeable about what it takes to staff an organization. The HR specialist must be able to identify the types of employment relationships that are needed to meet organizational strategic goals. The HR specialist must also be aware of employment laws that impact hiring practices. The HR specialist must be able to communicate with management hiring policies and procedures and ensure the organization remains in compliance.

Although most companies directly hire employees, some organizations do utilize contingent workers, independent contractors, and outsourced work. An employee works directly for the company. Contingent workers are those individuals who are hired on a temporary basis. There are several types of contingent

Workplace diversification is an important issue in staffing. (Wavebreakmedia, 2009)

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workers, which will be discussed in Chapter 3. Independent contractors are typically hired to perform a specific service. The independent contractor, although paid by the organization, is responsible for paying his or her own federal and employment taxes. Outsourcing is also very prominent in staffing. Some companies outsource jobs to other firms. When companies utilize contingent workers, independent contractors, or outsourced work, the company is typically trying to reduce company costs (Phillips & Gully, 2015). Yes, it can be cheaper to utilize other measures instead of directly hiring employees.

Once the company or HR specialist has decided on the type of workers that are needed, they are then ready to review the legal regulations that may impact staffing the organization. Employment laws and regulations are very important in the process of staffing organizations. Many aspects of staffing are impacted by such laws.

As a strategic business partner, the human resources specialist must be able to advise hiring managers on questions that should and should not be asked of candidates. This is important to avoid possible legal impact. Some of the questions that are identified that can have a discriminatory effect on employment and that should be avoided are as follows:

 How many children do you have? (Any question related to children should be avoided.)

 Are you married?

 What is your native language?

 What clubs or organizations are you affiliated with?

 What is your height? What is your weight? Do you have medical issues?

 Are you able to work Christmas Day?

As you read throughout Chapter 3, you will see how these questions can be in violation of Title VII. These are just a few of the questions that can have an illegal impact on the organization.

When most people hear the term affirmative action, they immediately think of quotas and special hiring for minorities. Affirmative action is probably one of the most misunderstood laws among employers and employees. Often, the assumption is made that this particular law only refers to a specific ethnic group. This assumption sometimes leads to a negative overtone and impact on hiring. For those of you who may have similar perceptions, you will gain a better understanding of affirmative action plans. You will be able to see why it was created and its impact and importance on staffing.

Employment law is an important topic in which all HR professionals should be knowledgeable. (Zein, n.d.)

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Another well-known term is equal employment opportunity (EEO). You will often see this term when looking at job postings. Based solely on the word equal, one may immediately think of being treated fairly in terms of staffing. This, in essence, means that the company provides fair and or equal staffing opportunities for all interested applicants. EEO laws are discussed in detail within Chapter 3. As an employee, you should gain a better understanding as to how EEO laws provide regulations for all people and not just those within a protected class. Other laws and regulations that correlate with EEO and/or affirmative action (AA) laws are Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act, and Executive Order 11246. Not only will you gain knowledge of EEO and AA, but there are several laws relevant to staffing that will be covered in this unit.

Why are these so important? Well, they help to reduce employment and staffing lawsuits. They also help to

provide guidelines for companies to follow—which leads to consistency in staffing—and they help to reduce discriminatory practices. Of course, these are only a few of the many reasons these laws are important. Although there are various laws in place for companies to follow, employees still file legal claims against employers. Some claims are dismissed; however, sometimes companies are forced to settle the lawsuits.

As you can see, there are many federal laws that impact staffing practices. Such laws have an influence on employee recordkeeping, employment decisions, fair treatment of applicants, and ways of determining employee types. Many organizations realize the need for these laws to avoid legal issues. Keep in mind the ultimate goal is to hire qualified applicants, which should ultimately lead to organizational growth and profits. As you move through the unit, keep the scenario involving Dylan from the beginning of this lesson in mind. Revisit it after completing the unit, and see if your thoughts on the issues presented have changed.

References

Phillips, J. M., & Gully, S. M. (2015). Strategic staffing (3rd ed.). Hoboken, NJ: Pearson.

Prazis. (2017). Concept of equal employment opportunity persons with disabilities, ID 102502834 [Image]. Retrieved from https://www.dreamstime.com/concept-equal-employment-opportunity-persons- disabilities-silhouette-man-disabled-wheelchair-healthy-sitting-image102502834

Wavebreakmedia Ltd. (2009). Business group showing ethnic diversity, ID 12025407 [Photograph]. Retrieved from https://www.dreamstime.com/royalty-free-stock-photography-business-group-showing-ethnic- diversity-image12025407

Zien, B. (n.d.). Employment law labor legislation a gavel and people cowd. concept of legal education, ID 121901332 [Image]. Retrieved from https://www.dreamstime.com/employment-law-labor-legislation- gavel-people-cowd-concept-legal-education-employment-law-labor-legislation-gavel- image121901332