Uniform Guidelines on Employee Selection Procedures

5. Not making a reasonable accommodation for the disabilities of employees or denying employment opportunities to them because of the duty to accommodate their disabilities.

Employers that base employment decisions, including hiring and promotion, on protected class characteristics are engaging in disparate treatment. When they do so overtly and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics, this type of disparate treatment is termed a facially discriminator policy or practice. An important, but limited, defense is available to employers that adopt facially discriminatory requirement is legal. If an employer can show that a particular protected class characteristic is a bona fide occupational qualification (BFOQ) for the job in question, the facially discriminatory requirement is legal. According to the Title VII of the Civil Right Act,

Except as otherwise provided in this title, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a contributing factor for any employment practice, even though other factors also contributed to such practice.

Discrimination in the workplace is typified by failure to treat individuals equally due to biases against various group membership (Triana, Jayasinghe, & Pieper, 2015). The United States enacted the Civil Rights Act of 1964, known as Title VII, to outlaw workplace discrimination of individuals with respect to compensation, terms, conditions of employment, or privileges of employment because of race, color, sex, religion, or national origin. Following Title VII, the Equal Employment Opportunity Commission (EEOC) was established to enforce Title VII protocols in the public and private sector (Crumpacker & Crumpacker, 2007). Proceeding 1964, several addendums were legislated to include protection against discrimination for individuals with respect to: sexual orientation, age, disability, pregnancy, and genetic information (Brooks, Doughtery, & Price, 2015). The engagement of any employer in discrimination against members of any previously listed affiliations is not only deemed unethical, but is also considered unlawful in the United States.

Since adverse impact does not require proof of intentional discriminatory behavior, an individual just needs to present a prima facie case showing that an employment practice could be discriminatory. A person who believes they are a victim of adverse impact poses that a seemingly benign requirement limits the applicants that are in said minority group causing a disproportionate pool of applicants. Adverse impact claims used statistical

In order to develop recruitment methods to be used in hiring for this position, we have to take into consideration that there are several laws, regulations, policies and governing entities that human resource management have to comply with, for example the Civil Rights Act of 1964, sexual harassment, the equal employment opportunity commission, and affirmative action. The Civil Rights Act of 1964 forbids employers from discriminating

Throughout the hiring process, there is a host of problems that plague the system. The search for people to fill openings in any organization should be solely based on who is the best candidate for the job. The human resources staff should look for the most qualified person that will be the best fit for the organization. The human resources staff should not be seeking to fill roles based on the color of a person’s skin, their sex, or religious culture. Any job opening should be given to the person that is more deserving of the position.

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

The goal of selection programs are to capitalize on individual differences in order to select the applicants who possess the greatest amount of particular characteristics that have been assess to be the most important for job success (Cascio & Aquinis, 2011). This goal can be met by utilizing a classical approach to personnel selection. The classical approach to personnel selection starts with the job analysis. From the job analysis sensitive, relevant and reliable criteria are selected on a basis of importance to describe the job specifications that represent knowledge, skills, abilities and other characteristics (KSAOs) that potential applicants are desired to have for the job (Cascio & Aquinis, 2011).

2. Which of the following mental abilities was found to be a valid predictor of job performance for both minority and majority applicants?

Agreeably, the Uniform Guidelines on Employee Selection Procedures is a set of guidelines that is used by corporations during the process of employment selections. It mainly highlights the aim to eliminate discrimination in basis of color, race, sex, religion, nation or origin when deciding on employees for a firm. Also, these guidelines provide employers with a framework for making legally requisite enforceable employment decisions”. (Snell, 2013, p. 131) In doing so it supports the nation's aim to provide equal opportunity in employment selection without any favoritism. Added to this, the guidelines can only be used for selection process that is purely based for making employment choice decisions. But it can be used by any corporations both

Discrimination occurs when an employee suffers from unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. Employees who have suffered reprisals for opposing workplace discrimination or for reporting violations to the authorities are also considered to be discriminated against. Federal law prohibits discrimination in work-related areas, such as recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. (employeeissues.com, 2006)

One of the most crucial elements of a successful or productive organization is an effective employee selection process. The significance of this process emanates from the fact that how workers carry out their jobs plays a crucial role in determining the level and extent of success of an organization. Due to the significance of an employee selection process, organizations draw candidates for open positions from the labor market. Actually, top-performing or successful organizations draw candidates from approximately 60 percent of the labor market. This trend includes sourcing for passive candidates who would prefer to remain contented with their present job. Moreover, organizations will relatively low or poor performance draws candidates from nearly 40 percent of the labor market and active workforce. An example of a top-performing organization that draws candidates from the labor market is Wal-Mart. The labor market plays a crucial role in employee selection with regards to having a population with the necessary qualifications for working in various organizations.

A company must administer Equal Employment Opportunities (EEO) to those who apply, which means in no way should an employer base a candidates skill on their ethnic background, religion, sex, national origin, disability, or age. During the recruitment process, affirmative action policies make it a requirement that employers show initiative in hiring a diverse pool of applicants to fill positions available. We have a diverse pool of applicants that come and apply with my company. Most of the applicants will get hired regardless of their race, nationality or age, the best factor that prohibits one from getting hired on is language barrier.

I have reviewed Alamo Waste’s recruitment, selection, and retention efforts. I have identified some weaknesses. In the recruitment process, weaknesses include using Craigslist, unemployment offices and college job boards. The internet is a very good resource for recruiting, but there are more useful and trust-worthy job sites other than Craigslist. Another weakness is that interviews are brief and the questions depend on the interviewer. The interviews should be structured and consistent (Argosy University Online, 2016).