Assignment 1: Employment Laws, Policies, and Processes Due Week 3 and worth 200 points Imagine that you are the Director of the HR Department at your current organization or an organization with which you are familiar. You are responsible for delegating

Assignment 1: Employment Laws, Policies, and Processes

Imagine that you are the Director of the HR Department at your current organization or an organization with which you are familiar. You are responsible for delegating duties to your team for the selection, development, and management of both the new and current employees. You must ensure that your organization is diverse and follows all employment laws.

(Note: You may create and / or make all necessary assumptions needed for the completion of these assignments. In your original work, you may use aspects of existing processes from either your current or a former place of employment. However, you must remove any and all identifying information that would enable someone to discern the organization[s] that you have used.)

Write a three to four (3-4) page paper in which you:

1. Outline one (1) job interview process, and document the methods that you must use to select the right person for available positions. Determine two (2) employment laws that you must consider in the process in question, and examine the key ramifications of the organization’s lack of enforcement of said laws.

2. Suppose your same organization decides on an unconventional workforce comprised primarily of independent contractors and temporary workers. Predict three (3) issues that you may encounter in building relationships with each type of worker. Next, examine two (2) laws that you must follow during the relationship building process, and specify the manner in which each law would help in the relationship building process.

3.Evaluate the effectiveness of the organization’s HR policies and processes that are designed to promote a diverse workforce. Next, outline one (1) strategy for the organization that recognizes affirmative action. Include a plan to mitigate both the glass ceiling effect and reverse discrimination within your organization.

Support your response with at least two (2) examples that illustrate the major benefits of the plan to the organization.

4. 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:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

Determine employment laws that apply to the selection, development, and management of employees. Evaluate policies and processes that promote a diverse workforce. Use technology and information resources to research issues in employment law. Write clearly and concisely about employment law using proper writing mechanic.

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The Interview Process: Selecting the Right”

How do you select the right person for your business? There is no perfect answer, but the interview process can be a

tremendous help if you use it effectively. In other words, you must have completed all of the other steps in the hiring

process in order to get the most out of the interview process.

Inter viewing candidates for a position within your company is one of the final steps in the hiring process. Before you get to

this step, you want to make sure that you’ve completed all of the preceding steps since each of these steps will have a

direct impact on how effective the interview process will be. Below is a list of the steps involved in the hiring process. Note

that after you have completed the interviewing process, there are still two additional key steps that you need to complete.

In order to achieve the best hiring results possible, just remember that all of the steps are important.

In order, the key steps to finding the right person to fill a position in your company include:

• Determining your need to hire a new employee. Are you properly utilizing the skills and talents of your current
employees? Do you know what needs to be done? Can your business growth support a new employee?

• Conducting a thorough job analysis. What are the job’s essential functions and key perfor mance cr iter ia?

• Writing a job description and job specification for the position based on the job analysis.

• Determining the salary for the position, based on internal and external equity. Is the salary comparable and
propor tional with the salaries and responsibilities of other positions inside your company as well as similar positions

out in the marketplace?

• Deciding where and how to find qualified applicants. What are the recruitment techniques to be used? What is
the time frame for conducting your search? Remember, adver tising is not the only, or necessar ily the best, way to

recr uit.

• Collecting and reviewing a fair amount of applications and resumes and then selecting the most qualified
candidates for further consideration.

• Inter viewing the most qualified candidates for the position, based on the job’s description and specification.

• Checking references.

• Hiring the best person for the job.

Hopefully, after reviewing all of the resumes, you will be able to pick and choose a select number of qualified applicants to

be interviewed. (If not, you may want to expand your time frame and re-write any ad copy and/or look at another recruit-

ment technique)

Now that you know where the interview process fits into the hiring process, let’s take a look at the “do’s” and “don’ts” of

conducting a Successful interview.

Conducting the Successful Interview – What to DO

1. Prepare in Advance for the Interview

• Know what you want in a candidate before you begin the interview. Review the job specifications and require-
ments that have been prepared.

• Know the job and its responsibilities. Review the job description.

• Prepare a list of standard questions concer ning the candidate’s skills, abilities and past wor k perfor mance that
you want him/her to answer.

• Prepare a list of prioritized and measurable criteria, either in the for m of a wor ksheet or other method, for analyz-
ing and comparing the candidates.

Paper Topic # 1
Outline one (1) job interview process, and document the methods that
you must use to select the right person for available positions.

Highlighted below in yellow…

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• Review the candidate’s resume prior to the interview.

• Set specific appointment times and reasonable time limits.

• Be prepared to justify the use of any required employment test. Typically, the most legally defensible tests are
those that involve a “piece of the job.”

2. Collect Pertinent Information During the Interview

• Since past behavior predicts future behavior, look for the candidate’s behavior “patterns” as you collect
information. For example, has the candidate enjoyed “big picture” wor k or detailed analysis more? Is he/she more
of a generalist or more of a specialist? Oftentimes, by listening to how the candidate responds to your questions

about previous jobs, you will be able to get a ver y good idea of what their behavior will be like in the future.

• Tr y not to offer too much detailed information up front so that the candidate will be able to formulate
answers that exactly fits your company’s needs. Don’t put the right words in his/her mouth! Remember, the can-
didate (hopefully) wants the job and will be looking to say the right thing to impress you.

• Ask questions that focus on the candidate’s past performances. For example, if the job, such as an office man-
ager, demands an individual who is well-organized and handles paperwor k easily, you may want to ask, “How do you

keep track of your own schedules and desk wor k in your current position?”

• Ask specific, structured questions in regards to specific problems that the job holder may face . Focus on
past behavior and the results of the candidate’s actions in a particular situation. For example: “As the customer ser-

vice representative, you may encounter a few unhappy campers who will yell and scream at you over the telephone

or in person. Have you had any exper ience dealing with difficult customers? Who was the most difficult customer

you had to deal with? What was the situation? How did you resolve the problem?”

• Notice how well the candidate listens and responds to the questions asked.

• Note the candidate’s choice of words and non-verbal behavior. Are they answering your questions clearly?

• Listen to the questions the candidate asks. Clar ify the reasons why the questions are being asked. Notice which
questions he/she asks first as they may be his/her primar y concer ns.

• Take detailed hand-written notes concerning job related topics that will help you distinguish the candidates
from one another (especially if you will be conducting several inter views). Help yourself remember each candidate
and each interview clear ly.

• Record information pertaining to the set criteria that will help in the evaluation of candidates.

• Organiz e and analyz e the information immediately after the interview when memory is fresh. Don’t try to
remember everything, it’s impossible. One idea is to “rate” each candidate on each of the criter ia immediately follow-

ing the interview.

3. Look and Act Professionally During the Interview

• Dress appropriately.

• Av oid appearing bored and fatigued.

• Set a businesslike atmosphere.

• Structure the interview and inform the candidate of the structure.Let the candidate know you will be focusing on
past results and that you will be taking a lot of notes.

• Provide information on the company and the job to each candidate .

4. Treat All Candidates Fairly

• Use your list of standard questions during each inter view so that you treat the applicants the same and so that
you can compare apples to apples.

• Refer to the criteria for analyzing candidates. Ask questions in regards to the job criter ia.

• Keep all questions job-related.

• Do not ask discriminating questions.

• Show a genuine interest in ever y candidate you interview.

• If possible , have at least one other person meet and/or interview candidates who are “finalists.” They should
also “rate” the candidates on each of the criter ia; ultimately, all interviewers should compare their “ratings” and dis-

cuss any discrepancies. Having more than one interviewer helps control for personal biases.

5. Be Cour teous and Respectful

• Conduct the interview in a private place away from distractions.

• Begin the interview on schedule.

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• If possible, conduct the interview without interruptions.

• Allow sufficient time for the interview.

• Appreciate the candidate’s accomplishments.

• Do not patronize the candidate.

• Do not argue with the candidate.

• Thank the candidate for his/her time and interest.

6. Facilitate Open Communication

• Immediately attempt to establish a rapport with the candidate by breaking the ice; for example, ask about their
exper iences in a particular industry or geographical location (refer to his/her resume).

• Promote a relaxed environment with free-flowing conversation.

• Do not dominate the discussion by talking too much. Many exper ts use a 80/20 rule – you talk 20% of the time
and the candidate talks 80% of the time.

• Politely probe the candidate for information by asking open-ended questions that will provide insight into the can-
didate’s values and traits.

• Ask structured questions that will require some thought on the part of the candidate.

• Listen carefully to the candidate’s answers. If they do not provide you with specific results, probe until they do.

• Explain the selection process to the candidate. Offer realistic time frames and stick to your word!

The Successful Interview – What NOT to DO

The following list is comprised of subject matter that is widely regarded as “off-limits” for discussion in an interview by

employment exper ts. Most of these subjects relate directly to federal and state employment laws. Legislation covering

equal employment opportunity is extensive and complex. Check not only federal laws, but also your own state’s laws and

guidelines. Remember, state laws var y! Consult an attorney for legal advice (before you begin the search process for a

new employee).

In an interview, or on an employment application, do not ask questions…

• ..concerning the age of the candidate. Be careful using the words “over qualified” with older candidates.

• ..about their arrest record (this is different from convictions – in most states, it is per missible to ask if the candidate
has ever been convicted of a crime).

• ..about race or ethnicity

• ..concerning the candidate’s citiz enship of the U.S. prior to hiring (It is permissible to ask “Will you be able to
provide proof of eligibility to wor k in the U.S. if hired?”)

• ..concerning the candidate’s ancestr y, bir thplace or native language (it is permissible to ask about their ability
to speak English or a foreign language if required for the job).

• ..about religion or religious customs or holidays.

• ..concerning the candidate’s height and weight if it does not affect their ability to perform the job.

• ..concerning the names and addresses of relatives (only those relatives employed by the organization are per-
mitted).

• ..about whether or not the candidate owns or rents his/her home and who lives with them. (asking for their
address for future contact is acceptable).

• ..concerning the candidate’s credit history or financial situation. In some cases, credit history may be consid-
ered job-related, but proceed with extreme caution.

• ..concerning education or training that is not required to perform the job.

• ..concerning their sex or gender. Av oid any language or behavior that may be found inappropriate by the candi-
date. It’s his/her standard of conduct that must be met.

• ..concerning pregnancy or medical history. Attendance records at a previous employer may be discussed in most
situations as long as you don’t refer to illness or disability.

• ..concerning the candidate’s family or marital status or child-care arrangements (it is permissible to if the can-
didate will be able to wor k the required hours for the job).

• ..concerning the candidate’s membership in a non-professional organization or club that is not related to the
job.

• ..concerning physical or mental disabilities (asking whether the candidate can perfor m the essential job duties is
per mitted.) The ADA allows you to ask the applicant to describe or demonstrate how they would perfor m an

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essential function (s) when certain specific conditions are met. Check the law or consult with an attorney before

moving forward.

Remember–When in doubt, ask yourself if the question is job-related; if not, don’t ask!

For more infor mation:

• The U.S. Equal Employment Opportunity Commission homepage: http://www.eeoc.gov/

• The Americans with Disabilities Act (ADA) homepage: http://www.usdoj.gov/cr t/ada/adahom1.html

Determine two (2) employment laws that you must consider in the process in question, and examine the key ramifications of
the organization’s lack of enforcement of said laws.

Title VII of the Civil Rights Act of 1964
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/titleviiofthecivilrightsactof1964.aspx

What is the Americans with Disabilities Act (ADA)?
https://adata.org/learn-about-ada

What Are the Consequences of Discrimination on the Job?
http://smallbusiness.chron.com/consequences-discrimination-job-1312.html

http://www.eeoc.gov/

http://www.usdoj.gov/crt/ada/adahom1.htm

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Helpful Information for Paper Topic # 2 – Assignment 1

Predict three (3) issues that you may encounter in building relationships with
each type of worker (independent contractors and temporary workers)

Our Text book – Pg. 34 – 41 (special emphasizes on pages 39-41)

Pros and Cons of Hiring Independent Contractors – Learn the advantages and
disadvantages of using independent contractors rather than employees
http://www.nolo.com/legal-encyclopedia/pros-cons-hiring-independent-
contractors-30053.html

Advantages and Disadvantages of Temping
https://www.job-hunt.org/temporary-work/temporary-employment-advantages-
disadvantages.shtml

What is the Difference Between A Contractor and A Temp
https://www.topechelon.com/blog/contract-staffing-training/what-s-the-
difference-between-a-contractor-and-a-temp/

The Difference between A Contractor and A Temporary Worker
https://www.hcmworks.com/blog/american-staffing-association-survey-results

Is an Employment Contract Necessary for Employees?
https://www.thebalance.com/is-an-employment-contract-necessary-for-
employees-398617

Be Careful When Hiring a Contractor
http://smallbusiness.findlaw.com/employment-law-and-human-resources/be-
careful-when-hiring-a-contractor.html

http://www.nolo.com/legal-encyclopedia/pros-cons-hiring-independent-contractors-30053.html

https://www.job-hunt.org/temporary-work/temporary-employment-advantages-disadvantages.shtml

https://www.topechelon.com/blog/contract-staffing-training/what-s-the-difference-between-a-contractor-and-a-temp/

https://www.hcmworks.com/blog/american-staffing-association-survey-results

https://www.thebalance.com/is-an-employment-contract-necessary-for-employees-398617

http://smallbusiness.findlaw.com/employment-law-and-human-resources/be-careful-when-hiring-a-contractor.html

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Examine two (2) laws that you must follow during the relationship building process
and specify the manner in which each law would help in the relationship building
process:

Trends and Challenges for Work in the 21st Century – Flexible Staffing
Arrangements
https://www.dol.gov/oasam/programs/history/herman/reports/futurework/confer
ence/staffing/9.1_contractors.htm

Protecting Temporary Workers
https://www.osha.gov/temp_workers/

Laws and Regulations Affecting Independent Contractors
https://www.thebalance.com/laws-and-regulations-affecting-independent-
contractors-398603

Fair Labor Standards Act Advisor – Independent Contractors
http://webapps.dol.gov/elaws/whd/flsa/docs/contractors.asp

Internal Revenue Service – Independent Contractor (Self-Employed) or Employee?
https://www.irs.gov/businesses/small-businesses-self-employed/independent-
contractor-self-employed-or-employee

https://www.dol.gov/oasam/programs/history/herman/reports/futurework/conference/staffing/9.1_contractors.htm

https://www.osha.gov/temp_workers/

https://www.thebalance.com/laws-and-regulations-affecting-independent-contractors-398603

http://webapps.dol.gov/elaws/whd/flsa/docs/contractors.asp

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

Criteria 1 Information_Assignment 1
Criteria 2 Information_Assignment 1

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