Required Resources

Text

Read Commonsense Talent Management:

· Chapter 10: Improving the World through Strategic HR 349

Articles

Gould, W. I. (2010). Labor law beyond U.S. borders: does what happens outside of America stay outside of America? Stanford Law & Policy Review, (3), 401. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=edsgao&AN=edsgcl.237533046&site=eds-live

Kuddo, A. (2009, November 1). Labor laws in Eastern European and Central Asian countries: minimum norms and practices (Links to an external site.). Worldbank.org. Retrieved October 8, 2015. From-http://siteresources.worldbank.org/SOCIALPROTECTION/Resources/SP-Discussion-papers/Labor-Market-DP/0920.pdf

 

 

LECTURE

Staffing, which is the process by which an organization recruits and selects potential employees, is a key element for strategic HRM.  Therefore, when making staffing decisions organizations need to understand and comply with all federal and state applicable employment laws.  There are a variety of federal laws that will affect staffing decisions as well as guide fair compensation decisions (Youssef-Morgan, 2015).     Some of the applicable federal laws to recruitment and selection are Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), The Equal Pay Act of 1963, and others.  Qualified candidates have access to employment free from discrimination because of one or more of the protected classes including race, color, sex, age, disability, or country of origin.  Employment laws also make the use of both “disparate treatment” and “disparate impact” discrimination illegal.  The EEOC or Equal Employment Opportunity Commission, is a federal agency that aims to ensure organizations are hiring with practices that do not discriminate against a protected class.

Employment discrimination can affect potential candidates and employees through the practices of disparate treatment and disparate impact.  “Disparate impact is often referred to as unintentional discrimination, whereas disparate treatment is intentional.” (SHRM, 2016).   Disparate impact occurs when the organization’s policies, practices, or procedures appear to be neutral but result in a disproportionate impact to the candidate or employee. The organization’s policies do not intentionally cause discrimination but in fact when implemented the result may be discrimination. On the other hand, disparate treatment is intentional employment discrimination. An example of disparate treatment would be the intentional termination of an employee based on one of the protected classes.

However, the bona fide occupational qualification or also known as the BFOQ allows an employer to consider a quality or a characteristic, when measured in other contexts may constitute discrimination, when making selection decisions. This is also true for the retention of employees.  A few examples of BFOQ are retirement ages of certain occupations such as pilots. Another example is a Catholic school may legally require its teachers to be Catholic and therefore, may lawfully not hire a teacher who is not Catholic.  Another example would be a federal contractor required to have a male/female ratio for operational purposes and currently has more males than females, it may be lawful to seek female candidates to meet the needs of the contract.  The BFOQ usually only apply to situations when the BFOQ is considered reasonably necessary for normal operations of the organization.  Organizations need to understand the implications and process of requesting a BFOQ when hiring.

Organizations need to understand and keep up to date to the employment and labor laws. If the organization does not recognize and understand the applicable laws, it is a recipe for disaster. Policies and procedures need to be set in place to avoid discriminatory practices during the entire selection and retention of employees.  Employees also need to be made aware and trained on policies and procedures to reduce liability.

Please watch Adverse Impact (Links to an external site.), which will provide an overview discrimination in the workplace and adverse impact of same.

References

McPherson, R. (2016). Adverse Impact. Retrieved from https://www.youtube.com/watch?v=bnWEg2eNQd8

Youssef-Morgan, C.  (2015). Human resource management (2nd ed.). San Diego, CA: Bridgepoint Education, Inc.

Question 1

BFOQ

Research the term BFOQ. Explain its importance and relevance to HRM. How might not appropriately incorporating well defined BFOQs lead to difficulties for the organization? How would the concept of BFOQ be linked to “disparate treatment” and/or “disparate impact” in respect to staffing?  What is the link between the ADA (1990) and BFOQs? Present your views in 200 words.  Use at least two scholarly source

Question 2

Foreign Restrictions on Termination

Research the topic of restrictions on termination of employment in European countries. Assess the different requirements and consider risks, operational requirements for MNCs, modified HRM policies, and any other conditions or restrictions facing a firm operating in such environments. Present your views in 200 words.  Use at least two scholarly source

FINAL PROJECT (WALMART)

Build upon previous work.

https://www.homeworkmarket.com/questions/1200-word-paper-hr

https://www.homeworkmarket.com/questions/3-part-assignment-see-attached

https://www.homeworkmarket.com/questions/4-part-assignment

https://www.homeworkmarket.com/questions/3-part-assignment-see-attached-19433329

Final Project

You work for a HR consulting company and an organization (the same company you have been writing about during this course) has hired your firm to conduct an HRM analysis and make recommendations to better align HR practices to the key business initiatives of the company. In order to accomplish the goal:

· Analyze the organization and develop a set of HRM practices that help align HR practices to the firm’s strategy. (Keep in mind the firm’s overall strategy in regards to Porter and Snow and White’s theories)  Develop a 3200-3500 word research paper (not including the title and reference pages).  Your paper should also:

· Identify the firm’s history, strategy, market position, and specific area of alignment.

· Provide job pricing and compensation package for 3-4 key positions in the organization.

· Describe and analyze the current and targeted HR work processes as well as the respective knowledge, skills, and abilities (KSAs) required to achieve the organization’s objectives.

· Incorporate a discussion of relevant technology considerations to achieve work output in the context of the organization’s goals.

· Provide a discussion of the labor market and the appropriate labor law context.  Identification of companies that are preparing to address any legal or regulatory changes..

· Prescribe a set of HRM recommendations, specifically tailored for the selected firm. Insert a table with deliverables, accountable people and a timeline for the recommendations.

· Describe other HRM issues as applicable.


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