Answer & Explanation:As it talks about creating a PP from assignment 2; attached is the paper for assignment 2It is your responsibility as the HR Director of the same organization
from Assignment 2 to a) create policies regarding pay and benefits for
the selected job opportunity, and b) develop methods for both addressing
unionization and implementing OSHA regulations. You will present your
findings to the Vice President of Human Resources for approval.
In preparation for this assignment, review the following articles on contractors vs. employees and temp workers:
“Distinguishing Independent Contractors and Employees”
“The Expendables: How the Temps Who Power Corporate Giants Are Getting Crushed”
Create a PowerPoint presentation with fifteen to twenty (15-20) slides in which you:
Create a Wage and Hour standard for the job opportunity that you had
selected in Assignment 2, and support your standard by using the Fair
Labor Standards Act (FLSA) and Equal Pay Act to prevent any potential
discriminatory impact.
Decide on three (3) benefits required for the job opportunity using
ERISA. Propose two (2) methods that the employer can use in order to
manage the fiduciary duties wisely and with the employees’ best
interests in mind. Provide a rationale for your response.
Elaborate on two (2) rights regarding unionization that Section 7 of
the NLRA guarantees. Next, examine two (2) unfair labor practices, and
argue the importance of your organization refraining from using such
practices during any self-organization and collective bargaining
activities. Explore two (2) potential repercussions of an organization’s
interference with self-organization and collective bargaining
practices.
Propose three (3) ways to discourage employees from considering
unionization. Then, compose one (1) strategy for championing a
supportive and satisfying work environment within the organization.
Select one (1) OSHA violation case, and determine whether the
resulting penalties were sufficient to deter the organization in
question from repeating the same violative action. Justify your
response.
Outline a plan for investigating workplace injuries, and formulate a
policy that explains the process for filing a worker’s compensation
claim within the selected organization.
Narrate each slide, using a microphone, and indicate what you would say if you were actually presenting in front of an audience.
Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Format the PowerPoint presentation with headings on each slide and
relevant graphics (photographs, graphs, clip art, etc.), ensuring that
the presentation is visually appealing and readable from eighteen (18)
feet away. Check with your professor for any additional instructions.
Include a title slide containing the title of the assignment, the
student’s name, the professor’s name, the course title, and the date.
The title slide is not included in the required slide length.
The specific course learning outcomes associated with this assignment are:
Develop policies that are compliant with employment laws.
Evaluate an organization’s physical environment and determine criteria that ensure occupational safety.
Use technology and information resources to research issues in employment law.
Write clearly and concisely about employment law using proper writing mechanic.
the_hiring_process_and_managing_a_diverse_workforce.docx
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
The Hiring Process and Managing a Diverse Workforce
Michael C. Coachman
Business Employment Law
Dr. David Fountaine
August 15, 2016
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
Recruitment Methods & ways to avoid discriminatory practices.
Clearly in today’s society there are several ways to conduct meaningful, effective and legally
bounded methods of recruiting applicants for employment opportunities. By advertising through
Social Media such as “Facebook”, “Instagram”, and “Twitter, is just one source of many for
advertisement. Social Media is said to be more cost effective and also gives businesses a somewhat
competitive edge because it depicts a tech-savvy, vigorous and emerging environment. On another
level of social media geared towards a more professional setting, there are sites such as, “Indeed”,
“Simply Hired”, and “Career Jet” that also support efforts in recruiting qualified candidates for
possible employment.
Job Fairs present opportunities so employers can seek future candidates for employment. Job
Fairs can be an approach for businesses trying to improve their recruiting efforts. Events such as
job fairs give employers the chance to meet a large number of potential new hires in a short period
of time. A great deal of Human Resources personal often think that Job Fairs are only to recruit
on a larger scale, but reality is that any size business can have sponsor a job fair / career day and
recruit from within as well as outside. Job Fairs can present perfect timing for providing publicity
for businesses as well as attract individuals seeing employment, basically a significant factor to
safeguard successful strategies for recruitment through strategized marketing.
Recruitment Agencies are also a means to find qualified people for employment. Recruitment
agencies are outside firms who go and find candidates for employers. It is necessary to understand
there is a distinct difference between Employment Agencies and Recruitment Agencies. If a job is
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
acquired through recruitment agencies, the applicant becomes an employee of the employer, and
if the job is attained by an employment agency, you work for that employment agency.
A qualified HR manager will know what legal parameters to be aware of during the recruitment,
screening and hiring phases for companies, and if unsure there is legal counsel available to help
address most issues that may arise. A few things to remember are that when hired through agencies
such as employment or recruitment, these agencies partake in anti-discrimination laws and are
forbidden from discriminating against employees during any approach or part of the application /
hiring phase! Note: When using social media, legally it is required for employers to request
consent from the applicants in order to execute pre-employment checks. Ways of avoiding
discrimination during the recruitment, is described by, Walsh, D. J. (2013), and says “The clear
requirement is that the wording of want ads and other types of job announcements must be neutral.
A neutral message does not express or imply a preference for some protected class group over
another” (p. 103)
Outline Application Process
As a HR Manager it is important to avoid disparate treatment among applicants. Disparate
treatment is a way to prove illegal employment discrimination. An applicant who makes a disparate
treatment claim alleges that he or she was somehow treated in a different manner than other
applicants or employees who were in the same process, and that there was some differentiation
established toward a safeguarded characteristic of a protected class. At the very beginning of every
application process, a non-discriminatory statement should be made as an introduction and should
read as such: If applying for a job with this company, “be it know that this company is an equal
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
opportunity employer and does not discriminate against otherwise qualified applicants on the basis
of race, color, creed, religion, ancestry, age, sex, marital status, national origin, disability or
handicap, or veteran status” (SHRM, 2016, p. 1).
For the application process, as an HR Manager it is important to express that the process to
apply for availible posistions is the same for everyone, and is a written leagal policy.
Step 1: Applicants should search for desired position, then proceed and apply on-line. During this
process you will need to create an online profile, as well as submit your resume.
Step 2: Once the onlne profile /resume has been reviewed, credentials checked, and a match has
been identified for an availible position, Hr will contact you by telephone or email. If not selected
for a screening or an in-person interview; applcation in the past ,applications would have been kept
for 90 day, but with the advancement of techknowledgy, applications / resumes can remain in an
online database for future reference.
Step 3: If selected, an on-line application with specifics must be completed, and at this point an
in-person interview will be scheduled. Once the interview is complete and an offer is made, you
will be contacted for your references and background check, which will include previous
employment, education, and a criminal background check
Step 4: During this phase you will be prompted to complete a packet of paperwork for employment
and produce citizanship information. Medical clearance must be granted before you will be able
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
to start work. Be it known that all employment offers are contingent upon the successful
completion of the pre-employment background check and drug screening.
Step 5: Once the background check and pre-employment assessment have been completed and
deemed good to go, a new hire orientation will be scheduled. Depending the job, additional
training may be scheduled at this step.
Maintaining Records
As mentioned above it is an employer’s intent to avoid Disparate Treatment during the
application process, and treat every applicant the same, as well as remain consistent throughout
each step. Walsh, D. J. (2013), gives informative values in saying, “The widespread use of the
Internet to search for jobs has prompted employer concerns about having to obtain and maintain
information on large numbers of applicants. Arguably, the low cost and ease of applying for jobs
electronically encourages more casual inquiries, many of which may come from unqualified
individuals or in the absence of position openings” (p. 112).
The following are steps that can provide structure to records maintenance and retention in
efforts to avoid discrimination charges. “Employers must retain applicant records for at least one
year from the date that the record was made under Title VII of the Civil Rights Act, the Americans
with Disabilities Act, the Genetic Information Nondiscrimination Act and the Age Discrimination
in Employment Act (ADEA)” (SHRM).
Step 1: Ensure personal are trained on the legal aspects of file maintenance, filing in an alpha
numeric system, with last name first and first name last.
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
Step 2: It is imperative that all policies and procedures related to the application process comply
with federal and state labor laws. Before deciding the type of filing system, it important that all
applications are consistent for future auditing purposes, as well as ensuring that there were no
illegal practices.
Step 3: Customize a security system for the files being retained, so that it will only allow access
to authorized personnel.
Step 4: Retain hard copies of applications for the allotted amount of time; consider using an
electronic filing system, then follow the regulatory instruction when it’s time to discard the
information / files.
Step 5: Ensure all records are identical and maintenance on files are identical.
Caterinicchia, D. (2005), relays additional safe practices for file maintenance by saying that HR
managers need to, “limit access to information like SSNs, health information and other sensitive
data that HR managers require to do their jobs” (p. 57).
Background Checks
There are an assortment of background checks that companies can use to acquire credible
information for potential future employee’s, which may include but are not limited to, motor
vehicle reports, national criminal search, national sex offender search, and the terrorist watch list,
to name a few. Results of all background checks are confidential and will not be disclosed to any
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
individual, including hiring managers except to the extent necessary on a need-to-know basis.
Hiring managers do not receive any details of the background check, only a notification of whether
the results do or do not meet the company standards. Don, E. L. (2013), talks about two of the
main background checks and says and additional information by saying:
“The two primary types of background checks are generally referred
to as credit checks and criminal history checks. The term “credit
check” is a bit misleading because most credit checks sought by
employers actually involve significantly more information than just
someone’s credit history. The Fair Credit Reporting Act (FCRA),
which covers the use of credit checks, refers to “consumer reports”
that may include information on an individual’s credit worthiness,
credit standing, credit capacity, character, general reputation, personal
characteristics, and mode of living. Consumer reports may also
include criminal background checks, revealing arrest and conviction
records, incarceration records, and sex offender lists or registrations,
among other things. Other information that might appear on one or
more types of background checks include driving records, educational
records, workers’ compensation records, bankruptcies, state licensing
records, military records, and past employers” (p. 17).
I find it interesting that the Equal Employment Opportunity Commission makes mention and
has presented statistical data showing that “racial minorities are disproportionately convicted of
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
crimes compared to non-minorities. Title VII of the Civil Rights Act of 1964 (Title VII) does not
specifically, prohibit or give instructions on how an employer can utilize criminal background
records in this instance. So, does that make it write to overlook how many times minorities have
been arrested or that they may have been involved in some type of crime? Never the less, I don’t
feel it’s up to HR to have to make or deal with decisions weather or not to hire individuals.
Employment Test
Recruiting and retaining high performance is a priority for any organization. This is especially
true in healthcare. The objective behind any pre-employment testing is to ensure that best possible
candidate for the job. Three employment tests that should be used by the HR Department are drug
tests, medical examinations and psychological test.
In today’s society human resource
departments in every industry utilize drug test, medical examinations and psychological tests. In
1986 President Ronal Reagan signed an Executive Order to establish a drug-free workplace. In
health care, hospitals and providers face significant liabilities for failing to include drug tests,
background checks and medical examinations in its hiring and credentialing process. Hospitals
cannot afford to run the risk of having negligent claims based upon staff being under the influence
nor noncompliance to mandatory annual medical vaccines against them. As part of their risk
management, safety and compliance program hospitals across the country require standardized
pre-employment drug testing and medical examinations. The consequences of rendering safe and
quality care to a patient due to a drug impairment can be traumatic to a facility. It doesn’t matter
if it’s direct patient contact or indirect. Patients have a rational and sensible expectation that the
hospital in which they are receiving services at assumes total responsibility for their care and wellbeing.
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
According to an article published by xxx the American Medical Association (AMA) requires
mandatory drug testing for physicians.
The American Hospital Association (AHA) has also
recommended that hospitals conduct drug testing of applicants and employees regardless of their
role and responsibilities (Devon, 1997). Health care is regulated by the Centers for Medicaid and
Medicare Services (CMS). CMS requires that hospitals establish processes and procedures for
healthcare workers. These requirements include background checks, influenza Vaccines, Drug
Screening. Failure to maintain the conditions of participation may result in jeopardizing Medicare
and Medicaid payments.
Pre-employment physicals/medical examinations are great for a number of reasons. Preemployment physicals are relied upon by employers to ensure that prospective applicants are able
to perform the jobs in which they are applying for.
Pre-employment physicals/medical
examinations are also required by many different regulatory agencies.
In healthcare Pre-
employment physicals go hand in hand with drug screening. Physicians and other healthcare
workers are at risk for not only contacting contagious diseases, they’re also at risk for the spread
of such diseases. Therefore, it’s important that hospitals adhere to the guidelines established by
CMS regarding immunizations. CMS requires that all hospitals report flu vaccinations as part of
the hospitals quality data. This information is also published publicly.
Just as screening applicants for the physical demands of the job; equally important is screening
them for the psychological demands. Healthcare is an industry that is very technical, skilled, labor
intensive as well as psychologically demanding. It takes a strong stable minded individual to work
in healthcare. Every day, health care workers encounter death, sickness, stress and uncertainty.
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
Psychological screening is in direct alignment to the organizations behavioral safety program.
This helps foresee and provide early warning of potential accidents and incidents. Psychological
tests are often referred to as “soft measurements”. According to (Robert Wendover, 2010) they
predict behavior by exploring motivation, patterns problems and interpersonal skills.
Psychological testing should be left up to professionals to administer and interpret the results.
Information obtained from the psychological testing can lead to more probing and thought
provoking questions during the interview. Psychological testing typically takes place prior to the
interview.
Policy for Hiring and Promotional Decisions
As an HR Manager developing policy, within the organizations opening statement of its mission
declaration and policy will make mention that the organization is an equal opportunity employer
and seeks to employ individuals based on their qualifications and ability to perform the job
described within the position descriptions duties and responsibilities.
Hiring
In order to hire for a vacant position, a personnel requisition must be created and validated. The
requisition should consist of the following: Position title, part-time / full-time, hours/shifts, exempt
or nonexempt status of the position, minimum requirement for the opening; a current position
description will be attached for informational purposes. A tool often used in the HR community
to determine which applicant is the best fit for the advertised position would be an assessment test.
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
An assessment test is a tool used to help HR better understand behavioral inclinations and verify
which applicant will be the best fit for the position. All applicants applying for the position at hand
will have to take and complete the same assessment.
Promotion
A promotion is when an employee’s job or series gets changed to a higher level, which can be
in the same department or moved to another department because the change in duties may be
different from the original position. All vacant positions, to not include executive positions, should
be posted internally for five to seven business days and are open to all qualified employees. All
employees that apply for the open position will partake in an interview where the applicants job
performance, skills, time and attendance, as well as their disciplinary record will be reviewed. Just
like during the initial hiring phase, a promotion can also require an assessment test in efforts to
select the best candidate, depending on the organization.
When addressing major challenges and potential adverse impact of using subjective criteria for
assessing soft skills, my interpretation indicates that unfair and unlawful practices may be
applicable when it comes to promoting from within. I see it every day at my current job, and some
may call this practice, “The Good Ole Boy Network”! Facially Discriminatory implies that there
is some type of discrimination due to categories such as race or gender, which can hold legal
implications if unfair practices are determined. If a person is qualified but doesn’t possess a certain
type of communication skills, that should not automatically disqualify the applicant from a
promotional opportunity. Everyone that applies for the job from within should be given a fair
chance to compete for the position. One method to mitigate adverse impact is to ensure all
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Assignment 2: The Hiring Process and Managing a Diverse Workforce
personnel conducting the interviews are equally trained and score all applicant exactly by the same
standard, as well as communicating the advertisement by a means where everyone is informed and
given the same opportunity.
Reasonable Accommodation
Reasonable accommodation is the adjustment to a profession or work environments that will
give qualified applicant or employees with or without disabilities the opportunity to participate in
the application process or to perform job functions described in the position description.
Reasonable accommodation encompasses two similar laws: The Americans with Disabilities
Act (ADA) (Title I) and the Rehabilitation Act. The ADA safeguards “qualified individuals” from
discrimination “on the basis of disability.” Individual can possess disabilities and still perform a
job very efficiently, especially if provided with flexibility and a support system. Undue hardship
cause by reasonable accommodation is said to be extremely expensive, catastrophic in size, be
extremely disruptive in nature or that would require extreme alteration to the operations of the
business. (Walsh, D. J. 2013). One legal issue is that the employer is required to accommodate an
employee’s religious practices, unless it causes hardship on the operations of the business. the
Equal Employment Opportunity Commission (EEOC), enforces the federal law prohibiting
religious discrimination. If an individual is denied certain entitlements at work, hassled at work,
or denied a m …
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