Federal laws against discrimination
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During a recent interview with a new hire, a candidate was asked several discriminatory interview questions. The candidate filed a claim with the Equal Employment Opportunity Commission (EEOC). After your organization’s chief executive officer (CEO) was contacted by an investigator at the EEOC, you, as the newly hired human resources (HR) director, were asked to develop a new recruiting strategy and hiring process that will meet EEOC regulations. This process is needed immediately because a new mid-level manager needs to be hired.Your CEO has asked you to recommend your strategy for filling this position. Once you develop your strategy, you will then have to prepare a presentation in which you will brief and train the organization’s leadership who will be assisting in this hire.You will prepare a PowerPoint presentation for this briefing/training. The items below should be addressed in your presentation.
Explain at least two federal laws against discrimination that apply to recruiting and hiring employees in your organization. Include what can happen if the laws are violated.
Explain the pros and cons of three possible recruiting strategies. Recommend one to be utilized for this hire, and explain why you selected this strategy.
State the knowledge, skills, and abilities (KSAs) for the mid-level management position for which you will be hiring. You must have a minimum of three for each area.
Develop the job posting for the mid-level manager.
Discuss the hiring process and how the hiring decision will be made.
Develop five nondiscriminatory interview questions.
Discuss what should not be done in the interviews, and give examples of five discriminatory questions that must be avoided; explain why.
Discuss any legal considerations to be aware of during the selection process.
Sample Solution
When recruiting and hiring employees it is important for organizations to understand the various federal laws which protect against discrimination in the workplace. Two primary statutes that apply in this scenario are Title VII of the Civil Rights Act of 1964 and The Age Discrimination in Employment Act (ADEA) of 1967.
Title VII prohibits employers from discriminating against an individual based on their race, color, religion, sex or national origin (“Overview” 2021). If an organization violates these regulations they can be liable for civil damages such as lost wages or punitive measures depending on severity; additionally, any failure to comply with settlements related to employment practices may also result in fines being issued by the Equal Employment Opportunity Commission (EEOC) (Grossman & Valasek., 2017).
The ADEA meanwhile protects individuals aged 40 and over from age-based discrimination when seeking employment or promotion within a company (“Overview” 2021). In addition to prohibiting any form of prejudice towards job applicants due to their age, employers must also provide reasonable accommodation when needed unless doing so would create undue hardship upon the business itself (Rothstein et al., 2018). Thus if either of these laws were broken during recruitment or hiring process then serious consequences could follow including possible litigation from affected parties involved.
