Marjorie Benton

Employment Law and the Hiring Process

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After briefing the management team on employment law from the Management Team Briefing on Employment Laws assignment, it is time to apply the knowledge to internal processes. There are many fundamental legal concerns surrounding recruiting and the overall hiring processes within organizations. A current review of the company’s HR policies and procedures centered on employment law reveals some possible opportunities to improve the overall recruitment and hiring process. Specific opportunities exist in background checks, employment tests, and hiring and promotions. If not properly administered, these areas may cause employment law issues within the company.

Instructions

Write a 6–8 page paper in which you:

  1. Briefly explain your overall understanding of conducting employee background checks. Why are they done? Why are they important? Be clear with your discussion.
  2. Identify and discuss at least two types of background checks you believe most organizations conduct and explain how you will ensure the types you select are properly administered in the company.
  3. List and describe at least five employee drug-testing procedures you would implement to comply with state drug-testing laws. How would you ensure adherence to the procedures?
  4. Briefly discuss your understanding of bona fide occupational qualification (BFOQ), affirmative action preferences, and promotions. Then, identify at least three actions you would take to avoid employment law issues with these topics. Be specific.

Requirements: 6-8 page

Answer preview

For instance, if an employer employs an individual without performing a background check, the employee in question could have a criminal background where they were involved in theft or assault and battery. The employee could also have been fired from their previous job due to issues such as fighting in the workplace or stealing from clients. This could put both the employer and the workforce in general in potential harm’s way. Therefore, it is of utmost importance to carry out a thorough employee background check since they are put in place to flush out any undesirable characters in the workplace.

The Organization’s Reputation

The reputation of any organization is always just a bad decision away from being tarnished. The organization has a professional responsibility to safeguard its name from being essentially taken through the mad. During employee background checks, the employer compares what the potential employer presents in their curriculum vitae to what they find once they complete the background check.

[2302 Words]

Employment Law and the Hiring Process

Marjorie Benton

Managing a Compliant and Diverse Workplace

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Recall from the Management Team Briefing on Employment Laws Assignment that the company in the assignment was the defendant in some HR-related lawsuits; claims of harassment, failure to reasonably accommodate disabilities, and work-life balance issues were made by employees, forcing the company to answer to the claims in its own defense. As the new CHRO, you want to enact stronger policies and guidelines to avoid such situations in the future.

Write a 5–6 page paper in which you:

  1. Briefly note how workplace harassment affects equal employment opportunity and describe at least four elements a plaintiff must show to pursue a harassment claim. How might an organization prevent the risk of being the subject of such claims? Hint: Read 6 Tips to Avoid Harassment and Discrimination Claims.
  2. Explain your overall understanding on reasonable accommodation of disability (consider reviewing ADA rules). Then, discuss a minimum of three things a plaintiff filing a failure to accommodate claim must show to prove they are qualified for the job in question.
  3. Make a connection between religious advocacy or harassment and bona fide occupational qualification. Can churches promoting a certain religion refuse to hire people of other faiths? Why or why not?
  4. Discuss your overall understanding of FMLA and the Pregnancy Discrimination Act as they relate to organizations granting leave for each. Then, identify two or three common FMLA mistakes managers make and what you would do to avoid the mistakes. Hint: Read The Top Five FMLA Compliance Mistakes That Could Land You in Court.
  5. Go to Basic Search: Strayer University Online Library to locate at least three quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as academic resources.

Requirements: 5-6 pages

Answer preview

As a company leader, you must show commitment to the discrimination laws and commit to creating a contusive environment for working. Thus an employee will not be able to engage in such misconducts as they know; they might be liable for the claims. The manager should establish solid policies and procedures against harassment and live by example.  The organization should also create a transparent reporting process. If an employee feels like they are being harassed or discriminated against and are afraid to speak out, there is always that close person to the employee that they can vent to (Arnedt, 2019). A transparent investigation process should be put in place. The employee is acted upon his/her rights, and the employer does not suffer false liabilities concurrently protecting their privacy. However, the best thing to avoid all this is by giving employees training about what’s expected by the organization.

[1721 Words]

Managing a Compliant and Diverse Workplace