•
t 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:
•
•
•
Bier, Ellin & Tucker: Distinguishing Between Independent Contractors and
Employees
Murray: Difference Between 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:
4.
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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Narrate each slide, using a microphone, and indicate what you would say if
you were actually presenting in front of an audience.
11. 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.
Grading for this assignment will be based on answer quality, logic /
organization of the paper, and language and writing skills, using the following
rubric found here.
Running head: HIRING AND MANAGING A DIVERSE WORKFORCE
Hiring and Managing a Diverse Workforce
Connie Richmond
HRM-510
August 13, 2018
Dr. Bobby Barrett
1
HIRING AND MANAGING A DIVERSE WORKFORCE
2
Hiring and Managing a Diverse Workforce
As the Human Resource Director of a major pharmaceutical and service provider for
patients with chronic health conditions. One area of this company is the call center which houses
physicians, pharmacy technicians, and customer service representatives. It is the customer
service representative positons that experience a great deal of job turnover, requiring frequent
replacements. In order to hire qualified workers while at the same time avoid any form of
discrimination in the hiring practice, three recruitment methods will be examined.
Recruitment Methods
“Recruitment entails both eliciting information from job candidates and providing
information to “sell them” on the job and organization” (Walsh, 2016, P.115). Recruitment
methods will reach potential job seekers, it establishes links with prospective candidates. To find
suitable candidates for the customer service representative positions, indirect and third-party
recruitment methods will be utilized. Indirect recruitment methods will be beneficial because
these methods tend to reach a large number of persons and ultimately the method will reach
many suitable candidates. The use of third party methods will typically narrow the applicant
pool down to only include those persons who have been previously qualified for the job type.
Because of the existing problems with current staff, a minimal number of employee referrals or
recommendations will be accepted at this time.
The indirect recruitment method will include using social media to advertise the job
openings. Social media can be used to recruit candidates by publicizing the job openings and to
conduct background checks on potential candidates to verify their qualifications. To give an
indication of how frequent this recruitment method is used, results of a recent study revealed
that “77 percent of the companies participating in the study use social networking sites to recruit
HIRING AND MANAGING A DIVERSE WORKFORCE
3
candidates for specific jobs” (Segal, 2018). The goal of this company is to reach as many
applicants as possible.
Because everyone uses social media, there may be some concern regarding the possible
adverse impact of this method on a certain group of persons who may be economically
disadvantaged which might exclude them from using his method of recruitment. In order to
diversity the recruiting approach used to reach potential talent and avoid casting any doubt on the
method used, social media will only be one of the many tools used for recruitment, not the only
one.
Since social media is an advertisement, it will include the EEO and affirmative action
tagline and will be retained with all other hiring documents. “It shall be an unlawful practice for
an employer to print or publish or cause to be printed or published any notice or advertisement
related to employment indicating any preference, limitation, specification, or discrimination”
(Walsh, 2016 p.115). The wording of the advertisement will not express a preferred class, but
rather the advertisements will remain neutral. However to encourage diversity in the hiring
method, the affirmative action plan can include language that will encourage applications from
both female and minority applicants.
In the pass the company has had enough success with employment agencies that using
this recruitment method will be used again. An advantage in using employment agencies is that
they are automatically covered by antidiscrimination laws which prevents them from
discriminatory practices. A reputable employment agency is a good way to locate some of the
best talent for this company since the employment agency typically will intentionally attract
great candidates. Normally, they know the available talent and how to reach out to them.
HIRING AND MANAGING A DIVERSE WORKFORCE
4
Employment agencies have the potential to connect our company to people who have a variety of
skills and experiences.
To protect the company from potential discriminatory practices, we will avoid requesting
candidates with particular protected class characteristics. At no time, will our company attempt
to obtain the protected class characteristics of any referred applicants.
The company has had some success in the pass with referrals from our current
employees. In this case, we must trust our employees to pass the word about our current job
openings. The advantage of this recruitment method is that there is really no cost. It is hopeful
that when our employees speak to others about employment with our company, that they are
upfront about our company expectations and job responsibilities. Much care will be taken to
avoid developing a racially skewed workforce. To avoid potential discrimination and producing
a racially homogenous workforce, the company will not totally depend on employee referrals,
particularly if the company is already heavily staffed by one particular race of workers.
What the company wants to avoid is favoritism that might be shown toward employee’s
family members or friends. When family members are hired, it is pretty typical that they are of
the same race as the employee. Care will be taken not to violate the mandates of Title VII, by
avoiding overt or covert discrimination against any member of the protected classes. An
additional way the company will use to prevent potential accusations of discrimination will be to
make sure that all employees are made aware of our obligation under the law as well as our
company’s commitment to a fair process. All staff members in the human resource department
will be required to act in a non-discriminatory way.
HIRING AND MANAGING A DIVERSE WORKFORCE
5
The Application Process
Applications will be accepted from all persons interested in applying for the customer
service position with the Accredo Health Group. Persons may apply on the company website by
completing the online application and submitting it along with their college transcript as well as
a current resume. The online advertisement will include both general and specific job
requirements; all promising applicants are encouraged to apply. The goal of the company’s
application process is to increase the pool of qualified candidates from diverse groups. We hope
by broadening our advertising reach this increase will be accomplished.
The application log will be maintained in order to keep track of the race, sex, ethnicity or
national origin, and veteran, disability statues, and agree of people who apply for jobs with this
company. The data collected will not be used to make hiring decisions, but it will be maintained
within the human resources department. The company log will be produced upon request from
the department of labor.
Five (5) Step Procedure to Maintain Records
(1) Maintain a record of the applicant’s clear interest in being considered for a position.
(Formal written application, oral message, informal letter or e-mail message.
(2) Compare the company’s application procedures to whether the applicant followed the
prescribed procedures. Maintain the applicant’s application for at least one year.
(3) Review resumes that have been submitted; maintain this form of applying for a
position or one year. Every resume should be treated as an “applicant”.
(4) Review applications submitted over the internet; these applications must be treated
identical to the traditional “hard copy” application.
HIRING AND MANAGING A DIVERSE WORKFORCE
6
(5) Maintain a record of the applicants who voluntarily withdraw from consideration.
Applicants will be instructed to notify the human resource department when the
applicant accepts another position or when they lose interest.
Background Checks
The three background checks that should be used by the Human Resource Department
include: criminal background checks, county background checks and state background checks.
The criminal background check “includes scanning county, state, and/or federal records”
(Criminal Watch Dog, 2018). A county background check will contain information arrest and
conviction data within a particular county. State background checks are limited because most
states have very little information on file, however, state courts will have information on crimes
that have been prosecuted at the state level.
A criminal background check will include information on arrests, felonies and
misdemeanors. There will also be some information regarding warrants, sex offenses, and
incarcerations. Since there is no national criminal database available to the public, “ most
national background checks occur by checking each state’s online database” (Criminal Watch
Dog, 2018). This test is designed to rule out those applicants who currently have a criminal
record listed in their state and/or county.
Employment Test
There are three employment test that the Human Resource Department should be using as
a part of its hiring practices. The three test include the drug test, medical examinations, and
intelligence and skills tests. This employer requires that any applicant being considered for a
position with the company complete a drug test to “determine with reasonable certainty whether
HIRING AND MANAGING A DIVERSE WORKFORCE
7
specified illegal substances are in a person’s system” (Walsh, 2016, p.187). The company is
required to follow drug-testing procedures which are based on state drug-testing laws.
Applicants will receive a copy of the company’s substance abuse and drug-testing policy.
The policy does include the mention of a written notice that is provided to all applicants
indicating that testing is required. Laboratories used to analyze the drug test sample must be
licensed in the state of Tennessee. This company does all employees the option of receiving a
confirmatory test which allows them to have their own tests done. Person’s possessing drug
substances in their systems, will not be afforded the opportunity to work for the Accredo Health
Group.
In order to obtain information regarding an applicant’s health, a medical examination is
administered. The test will be administered and interpreted by a health care professional. In
addition to the aforementioned, the medical examination will also be conducted in such a way
that it reveals information about nonvisible disabilities. The test is designed to rule out any
applicant who might be incapable of performing the customer service representative duties
because of a physical or mental health condition.
The company uses a number of different tests to measure an applicant’s intelligence,
knowledge and specific job skills. The test are developed by a local testing company that sells
their rights to use the tests, to this company. The testing company will also score and interpret
the test results. The company has taken all necessary steps to make sure that the tests meet the
requirement of legality. Care has been taken to the wording of test items, the effects that the
tests will make on the different protected class groups, making sure that the tests are job-related
and that there is an appropriate scoring method. There are also proper accommodations in place
for any disabled test takers.
HIRING AND MANAGING A DIVERSE WORKFORCE
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Intelligence tests will be used to screen out those candidates with undesirable traits and
to identify those candidates who possess the right aptitude, skill base, and level of intelligence.
Test will be given via the internet and will contain a variety of questions for candidates to
answer. The same test will be given to all candidates applying for the same job, and the
company’s intelligence test have passed the test of content validation and criterion validation.
Persons taking the test who receive passing scores will be ranked and those with the highest
scores will be chosen for consideration of open positions. It is important that the persons
selected to fill the vacancies in this company possess a level of intelligence that makes them
trainable.
Making Hiring and Promotional Decisions
The company has a policy in place that is designed to outline the stipulations for relating
the hiring and promotional decisions of Human Resources. Once all qualified applicants have
been interviewed, supervisors will submit recommendations for the designated positions.
Human Resources will match the position with the candidate’s talent profile. Human Resources
will run a query for alternative qualified successors. This process will create two list based on
the candidate’s talent profile. “Candidates from both lists are considered in all talent reviews”
(Martin, 2013). This policy will help to make sure that the final list includes only qualified
candidates and that all potentially qualified candidates have been included.
Reasonable Accommodations
One of the ways that the company can make sure there are reasonable accommodations is
to make company facilities accessible to and usable by disabled persons. This can happen if the
company will remove any physical barriers, including narrow aisles and deep carpeting.
Secondly, the company should provide qualified readers or interpreters including sign-language
HIRING AND MANAGING A DIVERSE WORKFORCE
9
if needed. Finally, providing reasonable accommodations includes creating or developing a
modified work schedule to include flexible start times, and liberal medical leave policies. An
employee who must receive Dialysis three days a week can be reasonably accommodated by
having the flexibility of using his lunch hour, combined with some medical leave to receive his
daily dialysis treatment. A person can also be reasonably accommodated by job redesign
The company is required by law to provide a reasonable accommodation of religion. An
example of the use of this rule occurs when an employee was seeking a work schedule
accommodation so he could be free to worship on the Sabbath. The employee was allowed to
switch schedules with another employee before the ninety day probationary period was
completed, in order to be reasonably accommodated. A reasonable accommodation to religion
may not be possible if the employer accommodation imposes significant expense.
Affirmative Action Violation
In a case against Harvard University, the school was charged with using racial quotas in
the racial makeup of the class. The lawsuit asked the courts “to block Harvard University from
considering race in admissions as the suit charges that they are” (Mulhere, 2014). The plaintiff
was an Asian-American student who was rejected by Harvard University even though he was
valedictorian of a competitive high school, earned a perfect score on the ACT and an 800 on the
SAT subject exams. The student received legal counsel through the anti-affirmative action group
Project for Fair Representation. It appeared that Harvard had a disguise for racial balancing
which meant that Asian Americans were held to higher standards for admission. “The school
issued a statement saying that the university’s policy is compliant with federal law” (Mulhere,
2014).
HIRING AND MANAGING A DIVERSE WORKFORCE
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The notorious case of Anita Hill and Clarence Thomas was brought before the courts and
the Senate Judiciary Committee. In the case, Anita Hill argued that Clarence Thomas sexually
harassed her in the workplace. This case put sexual harassment in the workplace in the public’s
eye. Prior to this case there was very little outward conversations on the subject of sexual
harassment.
A case in Paris was settled involving five workers who complained of sexual harassment
by their “team leader at the cleaning company they worked for. The harassment included
uncomfortable kisses and inappropriate touching and some more intrusive behaviors. The
women won their case with an award of about $23,000 for sexual harassment and $11,500 for
discrimination. The court ruled that the company failed to protect the four employees and there
were no existing measures to do this. Whatever preventive measures that were present, the judge
deemed “wholly insufficient.” The court stated further that “when the women reported the
sexual harassment, they were systematically sanctioned for it” (Rubbin & Peltier, 2017) .
It is evident that employees can be harassed and discriminated against in a number of
different ways in the workplace. Sexual harassment is probably the most talked about and the
area of harassment that gets the most press. It is important that his company have clear policies
in place that are designed to have employees understand the ramifications of any type of
harassment towards another employee of the Accredo Health Group.
Posters indicating the company policy and the consequences of any violations will be
placed in conspicuous areas throughout the company. Violators will be given a fair hearing, to
include an opportunity to explain themselves. However, if found guilty of any inappropriate
behavior, the employee will receive an immediate termination.
HIRING AND MANAGING A DIVERSE WORKFORCE
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Affirmative action violations will not, under any circumstance, occur at this company.
Many actions have been put in place to ensure that the company is in compliance with the
current affirmative action mandates, including diversifying our workforce.
Work-life Conflicts
Today’s worker is faced with many conflicts that could potentially affect their future
employment. Many women are now working outside of the home but still have the ultimate
responsibility of caring for a young child. This responsibility is often laden with its own set of
challenges, including caring the child when there is an unplanned sickness. This is where the
conflict enters into the picture. The working mom will often be torn between staying home and
caring for the child and meeting the obligation of the work assignment. In many cases the parent
is without any type of paid leave to cover the many days it may take to care for the sick child. In
most of these instances, there is no one at home full time.
A similar conflict could arrive with the male worker who is often torn between taking
care of a older family member and meeting the responsibilities of the job. The man may not
have a stay-at-home wife to assist with the care of the family member.
“Few families have the luxury of an adult at home full time to provide care for children or ailing
family members” (Boushey & Williams, 2010)
Disabled persons often require more time off from work due to medical appointments.
For instance the person who is currently on dialysis, needing to receive the treatment three days
out of the week. This is cause for some work-life conflict since the employee is still working but
needs an unusual amount of time off from the workplace.
Each of these situations are cause for work-life conflicts that will be addressed by the
human resource director. There are some potential solutions that are based on the various
HIRING AND MANAGING A DIVERSE WORKFORCE
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employment laws. In the case of the working mom, FMLA covers her for twelve workweeks
every year. This means that the mom can request FMLA and stay at home with her ill child up
to a period of twelve weeks. While this leave is unpaid, it does come with a clause that the job is
protected. This should remove some of the anxiety that is usually felt by a mom who finds
herself in the middle of such a conflicting situation.
The man who needs to be at home to care for an elderly family member is also entitled to
FMLA. The same time frame applies as long as he needs to care for a spouse, child, or parent
who is seriously ill. If the parent is a service member or the parent of a service member then the
worker is entitled to twenty-six weeks of leave. Again, this leave is unpaid, but the workers job
is protected.
In the case of persons with disabilities, they are entitled to FMLA for any absences that
they might incur in order to receive multiple treatments from a health-care provider. Here we are
talking about a medical condition that if it goes untreated, will cause serous results.
HIRING AND MANAGING A DIVERSE WORKFORCE
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References
Boushey, H., & Williams, J. C. (2010, March 29). Resolving work-klife4 conflicts. Retrieved
from
http://www.americanprogress.org/issues/economy/reports/2010/03/29/7414/resolvingwork-life-conflicts/
Criminal Watch Dog. (2018). What type of background checks are there? Retrieved from
http://www.criminalwatchdog.com/faq/types-of-background-checks
Martin, J. (2013, August 13). A fairer way to making hiring and promotion decisions. Retrieved
from http://hbr.org/2013/08/a-fairer-way-to-make-hiring-an
Mulhere, K. (2014, November 18). 2 New challenges to affirmative action. Retrieved from
http://www.insidehighered.com/news/2014/11/18/lawsuits-allege-affirmative-actionviolations
Rubbin, A. J., & Peltier, E. (2017, November 10). Employees of big French cleaning company
win sexual harassment case. Retrieved from
http://www.nytimes.com/2017/11/10/world/europe/sexual-harassment-france-hreiner.html
Segal, J. A. (2018). Legal trends social media use in hiring: Assessing the risks. Retrieved from
http://www.shrm.org/hr-today/news/hr-magazine/pages/0914-social-media-hiring.aspx
Walsh, D. J. (2016). Employment Law for Human Resource Practice (5th ed.). Boston, MA:
Cengage Learning.
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