HRM510 Assignment 3

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 recruitment methods can be used when recruiting a new salesperson. One of the methods is job advertisements. This is where the company makes and distributes job ads either on local or national newspapers or online publications. They can also place the ads on the company websites or use media such as television or radio to circulate the ad. Since more people get access to the job ad and can apply for the job, it reduces the chances of discrimination. Also, the job requirements are stipulated on the ad which gives every qualified individual an equal chance of getting the job.

Another method of recruiting is the employee referrals and internal recruitment. This is where the employees can refer people who they feel would be qualified to the job to the company for consideration. Internal recruitment is where the company fills the position by hiring one of their employees (Compton, Morrissey & Nankervis, 2009). This strategy reduces the chances for discrimination since during internal recruitment, all the employees have a chance at getting selected to fill the slot. The company usually looks at the employee qualifications and how they match the role reducing chances of discrimination. Employees also refer different people from different walks of life based on their qualification for the role which minimizes the chances of discrimination.

Another way to recruit is by use of recruitment agencies. This is where one can hire a recruitment agency to find potential employees that would qualify for the job. This method reduces the chances of discrimination in that a wide pool of people from all walks of life are considered for the job, and they only use qualifications to select the best person for the job. The process is also very transparent since the companies are banned from screening out qualified applicants by discriminatory grounds such as gender or age by the EEOC. This ensures that there is minimal discrimination when using this method.

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.

The application process begins with the presence of an open job requisition within the company. This leads to the company using one or more recruitment methods to attract qualified applicants to fill the job posting. The company could place ads using various forms of media or use employment agencies to access the talent pool. After publicizing the job position, the next step is the job application screening. The company will receive many applicants, all of which have different qualifications. The HR department goes through all the applications made and selects the applicants that are most qualified for the role. The HR team can either read through the applications or use a talent management software that matches the information given by the applicant to the job requirements. After the application screening, some applicants deemed to be suitable for the position are selected for the next stage (Gilmore & Williams, 2013).

In the next stage, the applicants are then selected to various employment tests. These tests include cognitive tests, personality tests, and background checks. These employment tests are essential to test the applicant’s skills such as problem-solving and communication skills. The background checks ensure that the applicant is truthful and does not pose any liability to the company. This stage vets the applicants to ensure that they are indeed what the company requires in their organization.

The next stage is the interview process. This is where the applicants who passed the vetting process get to talk to the employer either on the phone or face to face. The interview panel is usually made up of a good mix of gender and race to guarantee there is no prejudice in the process. The interviewers have a series of questions, often prepared by the HR department which they ask the applicants, and their responses contribute to their chances of landing the job. Other companies can use a different approach where they do role play with the applicants to test their responsiveness to issues. Numerous interviews can be conducted before the perfect person is found to fill the position. The selection panel then prepares a report on selecting an applicant for the job and highlights the selection process to prove that it was free and fair. The next stage is where the job offer is given to the applicant. During this process the job requirements, duties, and salary are negotiated and agreed on by both the applicant and the organization.

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

The company should keep a record of all the methods that were used to advertise the job opening to the people. The companies are required to make the job openings public and having proof of the methods used such as print advertisements, and employment agencies will help prove that the company gave everyone a chance to apply for the position.

The company should also record the number of applications it gets and the method used during application screening process. Recording the number of applications gotten will allow them to be accountable for the number of applications selected for employment screening. By recording the methods used for application screening, it will show that the entire process was not discriminatory.

The company should also keep the records of the applicants shortlisted for the employment screening. This can be by the preservation of the application form. The company can then conduct the employment screening tests and indicate on individual forms that are attached to the application forms the reason for being shortlisted after the process. This will ensure that the company can justify their reasons for selecting or leaving out some applicants as they will retain the results of the employment screening process.

The selection panel should prepare a report of each applicant over the series of interviews where they indicate their views and assessment of the applicant. This will allow the selection panel to justify their reasons for leaving out some applicants and choosing others. The panel members can place scores against the questions answered by the applicant and include it in their report to ensure that their decision was not discriminative (Berman, Bowman, West & Wart, 2016).

The selection panel should prepare an overall report on the reasons for selecting an applicant where they give a detailed report on how they arrived at the decision to ensure that there was no bias in the process. The selection panel can also indicate the entire process in the report and the techniques they used to show that no unfair tactics were used.

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

The HR department should do a criminal background check on the individual. The salesperson will interact with different people and will handle the company sales and should, therefore, provide a safe atmosphere in the job setting. The company should be sure that they do not pose a threat to the customers. A person convicted of battery may pose a threat to the customers. Likewise, the salesperson should be honest and not steal from the company. A person convicted of theft cannot be trusted to handle company sales, and therefore a criminal background check is essential (Berman, Bowman, West & Wart, 2016).

The company can also conduct an educational background check on the individual. The salesperson should be well versed with the marketing tactics and business communication skills which are acquired in school. The company should do such a background check to ensure that the applicant went to the school(s) they indicated in the application. This will prove that they have the required knowledge and experience that is required for the job.

Another check is the reference checks. This is to confirm the reputation and work ethic of the applicant to ensure that they are an asset to the company. This can be done by contacting the references listed on the application, or the manager can go further to contact the managers of the previous company the employee worked. This will assist with the decision to hire the candidate with the assumption they will be a good fit and perform well for the organization.

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.

An intelligence test will test the intelligence and problem-solving ability of the salesperson which is crucial to the proper execution of the job. The salesperson will frequently encounter many dilemmas and problems in their line of work such as late deliveries and customer satisfaction issues, and they should be able to solve all these problems creatively. The intelligence test will measure their ability to do so and ensure that they are qualified for the job position.

A communication skills test will test the applicant’s ability to relate well and communicate clearly with other people. This can be done by subjecting the client to a fake salesperson situation where the company employees act as the clients. A salesperson will interact frequently interact with the customers, and therefore one has to make sure that they can communicate to these clients effectively and properly. This will ensure that they provide quality customer service and will be able to attract more clients in the future. The communication skills test is, therefore, crucial for the salesperson position.

A personality test is also essential for the salesperson job. The salesperson will be interacting with the clients on a daily basis, and therefore, they are required to have an approachable personality where they can easily interact with the clients. The salesperson would require an extroverted personality to interact with a larger number of clients (Lewis, 2007). There are different personality tests that the company can use such as the Myer Briggs test to identify the personality of the individual. The personality test will also determine the management style that would resonate well with the individual. This will help the management identify how best to help and guide the applicant if recruited. The personality test is, therefore, essential for the salesperson position.

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.

Hiring and promotional decisions determine the workforce that the company has and consequently the success of the company. Therefore, they should be based on sound reasoning and policies. One policy that the company can use to make promotional decisions is by carrying out a real-time succession plan. This is where the company creates leadership profiles for each job position where they list down all the skills and competencies required for the role. The company can then create employee profiles where they list down all the skills and competencies of each employee. The skills could be adopted from performance evaluation tests such as 360-degree evaluation tests, performance appraisals, and emotional intelligence tests. The company can then have a computer algorithm that matches the most qualified employees to their specific roles such that if a vacancy for promotion occurred, one would simply have to use the program to determine the people best suited for the job (Lewis, 2007). This policy would ensure that only people who are qualified and deserving of the role get a promotion.

There are specific drawbacks to this method. One may be the inaccuracy of the employee profiles. If the employees knew that their performance evaluations were used to determine their promotion chances, they could give incorrect information about themselves and each other in a bid to compete for the role. This may lead to some people getting the promotion while they don’t deserve it. The company may also find it challenging to conduct regular performance evaluations and maintain a computer program due to the cost incurred. This applies to small firms who may not be able to purchase the 360-degree review packages because they are very costly. The adverse effect of using this method would be the limitation of the talent pool available for the various positions. This is because the computer algorithm identifies a few people that can fill the positions which reduce the diversity and size of the talent pool. One way to mitigate this adverse effect is to use the algorithm in combination with other assessment tools as well as recruitment methods such as the use of employment agencies. This will ensure that the company can access a wider and more diverse talent pool.

The company can also do forecasting exercises to determine if the current workforce will be efficient for the company in the future years. This can be determined by the rate of company growth and the composition of the workforce the company has. If the company has a majority of the employees of one generation, it runs the risk of having a generational gap in the workplace and a workforce crisis in the future when they retire. The results of the forecasting will determine the hiring decisions that the company will take. If there is a likelihood of having unfilled positions in the future, the company can hire more people to prevent a crisis in future. Using this policy ensures that the company will never be understaffed.

The challenge to using this technique is making accurate forecasts for the company. Forecasting requires a lot of data, and if the company does not have proper data, it will lead to inaccurate forecasts. The major adverse effect of this approach is the probability of having redundancy of roles since the company is hiring for the future. This can be mitigated by having regular forecasts that will define the company needs much better. This will ensure that only an adequate number of people who have specific roles are employed avoiding a redundancy of roles.

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 provide such reasonable accommodation for each group sufficiently.

The disabled applicants will require some type of accommodation to give them an equal chance in getting the job as the other applicants. One such accommodation would be having the interview venue in an accessible place. For instance, if the applicant is in a wheelchair and the interview venue is in the third story, and there is no lift in the building, the employer should move the interview venue to the ground floor. This will ensure that the disabled individual can access the interview venue and have an equal chance to securing the job (Shilling, 2015). Another accommodation could be where the employer enlarges the font size of the applicant’s sheet for easier visibility for people with sight issues. This will ensure that they can see the questions and have a level playing field to compete for the open job post. These accommodations will ensure that the disabled person is offered equal opportunities with the other individuals.

The religious accommodations that can be given to an applicant are on the dress code when applying for the job. The company may demand that the applicants have a certain dress code, and they would have to make accommodation for those whom the dress code does not align with the dress code. For example, a short skirt does not align with the Muslim religious practices, and therefore the employer is compelled to make an accommodation for that. Likewise, the employer would have to make accommodation for the applicant if they do not believe that they should go for the interview on their Sabbath or another religious day. The employer should instead reschedule to ensure that he gives maximum consideration to the individual.

There are various defenses that the employer can use to deny these individuals accommodation. One is if the accommodation places an undue burden on the employer. This means that the provision of the accommodation to these individuals will require significant difficulty or expense. For example, the company cannot move its operations to the ground floor if it operates in a building without an elevator. Likewise, if the schedule changes to accommodate the individual’s religious beliefs cannot be accommodated for, the company may not give the person the accommodation (Shilling, 2015). Another reason would be the use of Bona Fide Occupational Qualifications (BFOQ) where some qualifications are essential for some jobs. For example, a lame person cannot qualify to be a model since a model requires to walk the runway. Likewise, a swimsuit model cannot wear a skirt over the swimsuit as they need to show off the swimsuit to the potential buyers. It would be impossible therefore to offer accommodation if a job has BFOQs.

Select one (1) case in which a court charged an organization with an affirmative action violation and one (1) case 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.

CSX Intermodal, a Hunt Valley transportation company was sued for the lapse of the affirmative action program and were forced to pay $57,000 in back pays to the women who held various positions in the company. The preceding year, the corporation was obligated to pay another $84,638 to women and minority groups in the company the previous year (Morgan, 1991). These people had been hired and paid a wage lower than the minimum for their job categories, and after a random audit, this injustice was discovered. The employees had been promised a salary increase on completion of training. However, this never happened. The audit led to the lawsuit and the eventual agreement to pay the back pays.

In the Eister vs. Fishman case, a legal secretary had to file a formal sexual assault complaint after the repeated sexual advances of an attorney in the workplace. She complained to the office manager, but the company did not respond with harsh enough action against the attorney since he persisted with his behavior. The case eventually went to court, and a California appellate court faulted the trial court for dismissing the defendant’s claims and ascertained that she had indeed encountered sexual harassment (Park, 2013).

The company can ensure that all policies are in line with the labor laws present. The business policy should not discriminate against anyone and would offer equal pay to those of a similar rank. They should also try to keep a diverse workforce. This should include women and people of different races. This would avoid an affirmative action lawsuit. The company can also ensure that strict measures are taken to punish sexual harassers in the workplace. This can be done by using disciplinary measures such as compulsory leave if the offender continues. If the behavior does not stop, they would be terminated. There would also be a rigorous emancipation and enforcement of the sexual harassment company policy to ensure that all workers know the rules.

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.

The HR director should consider a conflict where the individual requires a leave of absence to care for their sick child. The HR director would have to consider what will happen to that person’s position while they are absent. They might even consider replacing the individual if they take a long time to resume work. They can also consider denying the leave if there is no current replacement. However, the family and medical leave act stipulate that the employees are eligible for 12 weeks of unpaid, job-protected leave in the occasion of the birth or adoption of a child or the severe sickness of the employee’s spouse, child or parent. This means that the HR would have to grant the employee job-protected leave for up to 3 months to be in line with the law.

The company may decide to compel the workers to dress in a particular way. The religious beliefs of some employees could, however, prevent them from following the dress code. The HR director would face a dilemma on whether to respect the beliefs of the employees or to follow the company policy (Reilly & Williams, 2016). The Title VII of the Civil rights Act dictates that one should not be discriminated against on any grounds and accommodation should be made for people of different religions or disabled people. The company should, therefore, ensure that its policy is not in any way discriminatory and are in line with Title VII. The company can also ensure that it provides accommodation if its policies tend to become slightly discriminative to a certain group. Therefore, the HR Director would provide accommodation for those with different religious beliefs.

The HR director may also be compelled to include a genetic test in the employment tests in the company to ensure that the company does not incur future insurance costs from the inheritable diseases of the prospective employees. This would be however going against Title VII of the Civil Rights Act as they would discriminate against the genetic makeup of the individual. To avoid this, the company should enact hiring policies that are in line with Title VII and are not discriminatory in any way. The HR Director would, therefore, choose not to follow the company directive.

References

Berman, E., Bowman, J., West, J. & Wart, M. (2016). Human resource management in public service: paradoxes, processes, and problems. Los Angeles: SAGE.

Compton, R., Morrissey, W. & Nankervis, A. (2009). Effective recruitment & selection practices. North Ryde, N.S.W: CCH Australia.

Gilmore, S. & Williams, S. (2013). Human resource management. Oxford, United Kingdom: Oxford University Press.

Lewis, P. (2007). Management: challenges for tomorrow's leaders. Mason, OH: Thomson/South-Western.

Morgan, J. (1991). CSX unit underpaid female workers Hunt Valley firm to correct affirmative action violations. The Baltimore Sun. Retrieved from: