Case 38 : A Solution For Adverse Impact

The review of Chern’s Flagship Store and analyzing its full-time sales associates hiring data for evidence of adverse impact, “a substantially different rate of selection in employment decisions that adversely affects a protected group, protected groups under title VII of Civil Right Act include race, color, religion, sex, national origin, age discrimination, and the American with Disabilities Act (Phillips, Gulley, 2015). This evaluation described by, Section 4D of the Uniform Guidelines states that “a selection rate for any race, sex, or ethnic group which is less than 4/5ths (or 80%) of the rate for the group with the highest rate will generally be regarded by the

In place of a prospective employee's cognitive ability, the uniform guidelines insists on personality appraises, biographical information, and various consideration based on race and ethnicity as a base to "hire" the "right" number of appropriate racial and ethnic representations. The skills and technical expertise regarding a given job are regarded lowly especially in situations where a significant proportion of persons from the minority group lacks these skills.

Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.

1 Understand the Impact of both the law and organisational procedures on the process of recruitment and selection

The Zimpfer vs. Palm Beach County Case is a lawsuit filed by Mr. Bryce Zimpfer against Palm Beach County claiming an infringement of the age discrimination in the Equal Employment Opportunity Act. Zimpfer has worked for the county's worker relations area for approximately 16 years i.e. since he was 52 years. Mr. Zimpfer applied for the position of employee relations manager as a vacancy in this position was advertised by the county. Following considerations and evaluation of all applications, Mr. Brad Merriman, aged 33 years was chosen by the county to fill the vacancy. As a result, Mr. Zimpfer filed a lawsuit with the Equal Employment Opportunity Commission in which he hired an attorney, Ms. Lynn Szymoniak to follow his case. In her pursuit of the case, Szymoniak attempted to obtain a settlement with the legal representatives of Palm Beach County while equipped with a complimentary report from Dr. Mary Josephs, an I/O psychologist.

One would think that in today’s day time that women should be treated the say way as her male counterpart when it comes to applying for a position as an officer or any other position within law enforcement organization, but they are not. Even though it has been over 100 years, women in the work place and equality can be a very long battle and can be depressing or degrading when a woman is doing the same job but is being paid and respected a lot less. Thereby, we will examine the hiring practices and their evolution over the last 100 years, and the issue of

Mr. Dunlap successfully established a prima facie case of disparate treatment by meeting the above 3 provisions; (1) he was African-American; (2) he was qualified for the position sought; and (3) white applicants with less experience were hired for 9 of the 10 open jobs. TVA attempted to rebut his claim by offering the selection matrix used during his interview as evidence to prove that he didn’t rank as one of the top 10 applicants due to his interview scores. However, Mr. Dunlap was able to refute TVA’s claim by demonstrating that his matrix score was manipulated to keep him out of top 10, thus proving it was merely a

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.

The case of Calibuso et al. v. Bank of America Corp. et al. began in 2010, when female financial analysts (FAs) filed charges in in several states and with the Equal Employment Opportunity Commission (EEOC) claiming that the Bank of America (BoA) used discriminatory pay practices against them in violation of state laws and the U.S. Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 (DiMarco, 2014; Calibuso, 2012). These laws forbid inequalities in pay (Schrimsher & Fretwell, 2012) and discriminating employment practices based on gender and other protected classes (42 U.S.C.A in Webber, 2015). The case was settled in favor of the plaintiffs (DiMarco, 2014). However, legal and scholarly advice suggests that these kinds of cases can be avoided through organizational efforts in training in diversity (Bendick, Egan & Lofhjelm, 2001) and legal understanding along with professional validation of practices, and managerial accountability (Arthur & Doverspike in Malos, 2015). This writer agrees; the case of Calibuso et al. v. Bank of America Corp. et al, which involved discriminatory practices related to compensation and other employment-related acts may have been avoided by observing the advice aimed at organizational efforts in anti-discrimination in the workplace.

The major task of the EEOC is to identify and to eliminate unfair and discriminatory hiring practices, whether they are intentional or not. The EEOC monitors hiring patterns involving minority and female applicants, gender-specific hiring practices are not protected under the Act, if the employer can show that a particular hiring practice is needed to operate the business in a safe and efficient manner, which is known as a bona fide occupational qualification, or also known, BFOQ (Doerner, W. G. (2012) , the task can be a valid BFOQ in one jurisdiction, but in another location, it could be an invalid BFOQ. The key is make sure the job standards match the duties incumbents are expected to undertake. Even though the 1964 Civil Rights Act did not properly define what the term, discrimination was, the Supreme Court decision in the case of Griggs v. Duke Power Company in the year 1971, made the omission quite clear. In the defining terms of discrimination, if the employment restriction were related directly to job performance, it would be valid selection criterion, but if the requirement did not reflect how employees performed job tasks, then that practice was

Employers in today’s job force should take heed and make all possible efforts to avoid any type of discrimination in their company, not just age discrimination. Risk management teams should be put in place in the human resource departments and should work closely with the executive managers to create an environment that does not promote or tolerate discrimination of any kind. This would not only improve the culture of the company but would reduce the unnecessary risk of discrimination lawsuits. In conclusion, not only is discrimination degrading and hurtful, but for an organization it is illegal, costly, and disrespectful. The Supreme Court recognized the discrimination and that it was inexcusable no matter the “after-acquired evidence” against the plaintiff and ruled in accordance of this in the McKennon vs Nashville Banner Publishing Co

The case study about the solution for adverse impact is about a federal government agency that had to deal with complaints from job applicants regarding its selection procedure. The specialists in the agency did not pay attention to the discrimination of minorities and gender applicants in previous recruitment process. Bob Santos who is a specialist in the staffing division of the agency knew it was time to evaluate the staffing process, after attending a seminar on the Uniform Guidelines on Employee Selection Procedures. Bob Santos and a team of specialists decided to use the four fifths rule to assess the

While equal rights and equal pay legislation made it illegal to discriminate “based on race, color, religion, sex or national origin“ (U.S. Equal Employment Opportunity Commission, 2011b, p. 1), the number of workplace discrimination cases continue to rise and is costing employers more than $319 million in 2010, not counting litigation (U.S. Equal Employment Opportunity Commission, 2011a). Many employers have extensive human resource organizations with a sophisticated grasp on the implications of equal rights legislation on employers, that employ professionals, like I/O psychologists and attorneys, to establish fair policies and employment practices, and decrease an employer’s risk of litigation (Aamodt, 2010). In fact, employers often perform statistical analysis of employment practices to understand whether the practice could have an adverse impact against members of a protected class. For example, testing is a practice employers use for employee selection in the hiring process; even when an employment test is determined to be reliable, valid, and cost-efficient, care is taken to assure testing predicts performance equally well for all applications (Aamodt, 2010). Because governments and corporations have a fiduciary duty to citizens and shareholders, employers should continue to care about the issue of adverse impact, but more importantly, both government and corporations have a civil responsibility to treat the members of society fairly, because societal

Employment discrimination refers to employees who are discriminated by employers because of employee’s race, gender, physical and mental disability, age, and religious beliefs. It is a serious problem since the employment relationship appeared. With the effort of many individuals and organizations and the protection of laws and policies, employment discrimination have been reduced to some extent, while it is still severe in many areas and countries. This paper focuses on common discrimination in employment on the basis of some human resource laws and tries to figure out how to alleviated discrimination by effective human resource management.

Selecting the right employee to fill a position is one of the most challenging decision making processes a company has to make. The ultimate goal of employee selection is to hire the candidate who is most compatible not only with the organization but for the position that they are trying to fill. In order for the candidate to be successful in a particular position, their talents and personal goals must be taken into consideration and objectives need to be utilized in order to retain qualified individuals. The most common forms of selection methods are resumes and applications but testing, interviews, reference checks, honesty tests, medical exam and drug