RUNNING HEAD: THE HIRING PROCESS AND MANAGING A DIVERSE WORKFORCE
1 Diverse Workforce
KIRSTAIN BECTON
Dr. AlBERTA THRASH
HRM 510 – Employment Law for Human Resource Practice
APRIL29.2017 1 DIVERSE WORKFORCE 2 Job type
This job is a sedentary job the individual will be sitting for most of the time the job calls
for working at a computer processing information. There will be times when the employee has
to lift boxes that contain files and weight anywhere from 30LB to 60LB depending on how thick
the files may be. This job calls for the employee to have a security clearance up to TS and have
at least a high school education but an associate is preferred. The job is not hard it calls for
close attention to detail the information is very crucial to people lively hood. The environment is
very divers in people, talent, skills as such. The job can become redundant the type of work is
repetitive unless cross-trained is allowed. For this job the following recruitment methods would
be good.
Three (3) Recruitment Methods
The first recruiting method online recruiting; this type of recruiting is a type of on line by
way of computers search for potential candidates. This is a good recruiting process because it
reaches many people in many places in many age groups , lessen the cost of sourcing and people
who know people looking for work and see the add can share the add by sending it through email
to the other person(s).
The second recruitment method internal hiring reviewing applications in house
employees who resume are on file with the company makes it easier for the recruiting staff to
find the best potential person for the position that is in the same organization and work habits are
known by management which makes it easier for hiring and is just as important as finding the
right person for the position this way is cost effective and also cost effective when it comes to a
possible point of needing training having to send the person to school for training won’t be
necessary DIVERSE WORKFORCE 3 The third recruitment method is global recruitment; this type of recruitment is a good
method for the type of business diverse workforce HR is promoting. Since most companies are
outsourcing to get their product or provide their service(s) at lesser cost it would be wise to use
global recruitment which will support the mission both for HR and for the corporation. Although
this may cost some recruit (i.e. advertise, select, interview) this would be worth the time and
effort.
These methods are good because each method used to find the potential candidates for the
position(s) needing filled these candidates will have had contact with a people of other races,
religions, and other different life styles that will avoid at least most discriminatory issues.
Soldiers live in barracks together, and get in fox holes together not picking their partners just
having to do what is instructed. Students live in dorms together sharing rooms and with others
they don’t know before they get assigned their room and attend classes together and this is a
much diversified community in itself.[Art14]
Application Process
The application process can be long and tiresome depending on the job being announced
and the company of which the announcement is for. The process starts with the announcement,
then the forwarding of resume, job application screening, should the company use testing as part
of their interview process (testing); interview process (in person, on phone), hiring process, new
hire paperwork. When establishing an application policy everyone applying is considered an
applicant. The federal government’s definition of applicant is broad, including any person who
indicates an interest in being considered for an employment opportunity. This interest might be
expressed by completing an application form or through other means depending on the
employer’s policy. [Dav131]. The application process starts with the position information: DIVERSE WORKFORCE 4 location of job, job title, pay, grade (if federal) this will be used for the development of the job
description and job classification and for entering into the ATS (Applicant Tracking System.)
The second step is to know why the position is needed, develop a job description entailing the
type of work that will be conducted; what the minimum qualifications are. A recruitment plan
has to be developed and to do this a recruitment team has to be implemented and a recruitment
plan. Once this is completed there is a review of applications and the potential candidates who
look to be a good fit are put in a stack for the interview process. Once the interview process has
been completed there is a hiring selection and then the final step is finalizing the recruitment (i.e.
offer accepted, the HR is contacted and a letter is sent to the new employee).[UCR14]
Five (5) step procedure to maintain records
Employers are not the only ones who have to watch what they say. There are potential
legal consequences for applicants who provide prospective employers with false information or
omit important facts in hopes of enhancing their chances of getting hired. [Dav13]
The first and foremost importance in maintaining records is not having too many hands in the
file draw. Appoint one or two personnel to keep the files in order and kept up to date. Establish
an access sheet showing who and when accessed the draw and for what file and when it was
returned. Once this established it will not be hard to know who to go to in a time of necessity.
The next thing to do is process a matrix chart this shows what files the program maintains, who
maintains them, and where they are maintained. The second document is the records schedule
that describes the record series and gives the retention and disposition. The third document is the
file plan. The use of the file plan is to document program's activities effectively: Identify
records consistently, Retrieve records quickly, Link to the records schedules and Retire records to DIVERSE WORKFORCE 5 the Federal Records Center easily. Should a case of discriminatory charge occur the information
pertaining to the employee will easily be accessed. [EPA12]
Background checks
Background checks have become a vital source since 911 and hiring companies take
background checks serious. There are several types of background checks depending on the type
of job and the information that is handled at the job the background check is based on that.
“Background checks are used to verify information provided by candidates and to determine
whether any disqualifying factors exist. These checks might entail contacting references;
verifying past employment and military service; confirming that necessary degrees, license, or
other credentials are possessed; checking driving records; checking for criminal convictions;
examining credit reports; and even inspecting candidates’ online personas on social networking
and other sites. A basic motive for conducting background checks is the potential liability of
employers for the harmful acts of the people they hire.”[Dav132]. The first background check is
a credit check this is not only for loan approvals but also hiring decisions. “The Fair Credit
Reporting Act (FCRA) is the major federal law regulating, sharing, and use of information by
employers and consumer reporting agencies. It distinguishes two types of credit reports:
consumer reports and investigative reports.” [Dav132]. Credit checks are to identify employees
who have bankrupted before this is very important again this is dealing with financial issues and
can lead to theft from a company that has great valued information worth selling. Agencies with
classified material really want to know a person’s credit history in case the person has any idea
for selling classified information and records to other countries. Certain agency’s send out to
employees and mandatory information sheet asking how many vehicles they own, financial
stability, how much is owed to lenders, and other questions. The second type of background DIVERSE WORKFORCE 6 check is a Criminal Records check which is not as easy as it seems but depending on the type of
job should a potential employee have a history of crime it is to be known. Agencies have had
criminal background checks on potential employees just to have access to an installation for the
means of work. The third and last background check would be a sex offender since they can
have access to children at day care, little league, boy Scouts and this doesn’t mean only men this
includes women as well. School are one of the most organizations that fail to have background
checks conducted on their employees until it’s too late and a child has been taken advantage of.
Another background check would be a gun for employment usage background check in order to
obtain a permit. Pertaining what is found in this background check will tell whether a gun permit
will be or not be granted.
Employee Tests
Employee test are many and expensive considering the extent an employer wants the
check to be. In this day and time it’s very important to have employment test due to the growth
of the world (i.e. new generations babies having babies, drug induced babies, alcohol induced
babies, narcotic induced babies) and these babies grow up being neglected or feeling not cared
for or about having mental problems and not understanding why they act, do and say things they
know are not right. A drug test psychological testing ought to be given to employees that work
in jobs dealing with social services, daycare, law enforcement (all positions), because these types
of jobs some people may not be mentally strong to deal with the cases and could end up turning
to stimulants to get through the night or through the day, whether they work, online and or in
person. Anyone in the law enforcement field (working any position) has to have a medical
evaluation which includes a psychological testing. Then there is the polygraph test that is given
to employees that work in agencies in law enforcement but on a higher level. Not just in law DIVERSE WORKFORCE 7 enforcement is a polygraph conducted but in other jobs dealing with just as important
information (i.e. like NASA) that also has very classified information that if it got in the wrong
hands could be detrimental to the this country.
Hiring and promotional decision
In order to make a policy that hiring and promotion decisions are related it must be kept
in mind businesses consider team players when filling positions that have an advancement level.
The average level of ability, experience, personality, and other factors are already made to go
hand in hand with each other and are expected when the time arises for promotion. This is also
based on team diversity which is an important consideration for teams that must complete a wide
range of different tasks or particularly complex task. For example the British Broadcasting
Corporation (BBC) creates teams for many events (i.e. golf’s Masters Tournament, and Olympic
games.) People come from many different countries with skills ranging from electricians to
statistician, or from scheduling to producing. Team diversity is an important component of many
successful companies.[Boo131]. Not everyone is going to agree on this type of policy because
the company wants a team player and others may want this position because of pay increase and
may even like the duties but not all people are team players or know how to be a team player
which is someone that wants to see the organization he/she is working for meet its goal, shine
which makes management happy. The challenges and potential adverse impact of using
subjective criteria for assessing soft skills would not be satisfying to all employees working for
the organization that applied for the position and did not get selected. Some might say it’s a
favoritism issue; a racial issue when all along the individual that was selected was a good fit for
the position. Not everyone is motivational, interpersonal, and have communication skills
required for certain positions. A way to mitigate the adverse impact is to head it off by sending DIVERSE WORKFORCE 8 out an email and inviting everyone to a meeting regarding the position and inform them that if
they are interested in applying for the job a meeting will be held to discuss the terms of the job
and the work itself. Also inform the employees to review their resumes and see if there resume
shows the skills needed to be selected for an interview.
Disabled and Special religious conditions
Reasonable accommodations can apply to the duties of the job and/or where and how job
tasks are performed. The accommodation should make it easier for the employee to successfully
perform the duties of the position. Examples of reasonable accommodations include providing
interpreters, readers, or other personal assistance; modifying job duties; restructuring work sites;
providing flexible work schedules or work sites (i.e. telework) and providing accessible
technology or other workplace adaptive equipment.[Off151] Reasonable accommodations of
employees with disabilities come under two similar laws: the Americans with Disabilities Act
(ADA) (Title 1) and the Rehabilitation Act. The ADA protects “qualified individuals” from
discrimination “on the basis of disability.” [Dav132]
To the extent that modifications in work schedules do not interfere with the efficient
accomplishment of an agency's mission, an employee whose personal religious beliefs require
that he or she abstain from work at certain times of the workday or workweek must be permitted
to work alternative work hours so that the employee can meet the religious obligation.[Off15]
Under Title VII, employers are required to reasonably accommodate religion, unless doing so
would impose undue hardship. [Dav132]. In order for the disable employee to be
accommodated the disability must qualify according to EEOC list of qualified disabilities. As for
a religious employee being accommodated for his or her religion the “EEOC treats as religious DIVERSE WORKFORCE 9 “moral and ethical beliefs as to what is right and wrong which are sincerely held with the
strength of religious views.”[Dav132].
Affirmative and Harassment
The case about the Green Bay Dressed Beef meatpacking company in Green Bay, WI was
found to have discriminated against 970 female applicants that had applied for positions with the
company in 2006 and 2007. The company was found to have violated E.O. 11246 being charged
a $1.65 million settlement by the Office of Federal Contract Compliance Programs.
A case about Dominion Correctional Services, a private prison company its male managers
were coercing female employees to perform sex acts as the price for keeping their jobs. The
EEOC filed suit on behalf of twenty-one former employees. The “Private Prison ended up
Paying $1.3 million to Settle Sexual Harassment, Retaliation Claims for Class of Women.”
[Dav132]. It is not for sure all employees will take heed to unbecoming actions in the workplace
after a class on Affirmative action and Harassment training on these two subject matters but
training ought to be conducted. In the training policies on such issues should be reiterated and
let known this type of conduct will not be tolerated and steps for discipline action will be taken.
Remind the employees the training is to condition them to be upstanding employees and to
respect each other. Employers may be held liable for affirmative action and harassment if they
do not exercise reasonable care to prevent and promptly correct any such behavior in the
workplace—even if they were not aware of the specific actions in question.
Work-life conflicts
The first work-life conflict is being a single parent (male or female) with a child or
children about to deploy and can’t due to hardship with child care. The second work-life conflict
Medical leave of a family member who is disabled and has to have mobility assistance and the DIVERSE WORKFORCE 10 nurse that comes to the home everyday has been fired and no replacement has been made and
this is a sudden situation. The third work-life conflict is discrimination based on sexual
orientation. The Uniformed Services Employment and Reemployment Rights Act (1994) this
law allows all employees of the military services reemployment after deployment, this law
protects the rights and benefits of members of the armed forces. Nondiscrimination and Equal
Employment Opportunity protects employees against discrimination based on race, sex, age, and
other grounds Title VII of the Civil Rights Act of 1964. Family and Medical Leave Act (FLMA)
provide certain employees up to 12 weeks of unpaid leave. As the HR director it is important to
know the laws pertaining to these work-life conflicts, employees have to know they are
supported by the organizations in their time of conflict. Working a job and working home life is
hard in some case to balance leaving employees discouraged and overwhelmed. DIVERSE WORKFORCE 11 References
Kurtz, D., & Boone, (2013), Contemporary Business. 15th ed.: John Wiley & Sons, Inc.
Environmental Protection Agency - http://www.epa.gov/records/what/index.htm
Recruiter - https://www.recruiter.com/recruitment-methods.html
University of California, Riverside Human Resource http://hr.ucr.edu/recruitment/guidelines/process.html
Walsh, D., (2013), Employment Law for Human Resource Practice.4th ed.: South-Western
Cengage Learning

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