Employment Laws Policies and Processes

Assignment 1: Employment Laws, Policies, and Processes

Interview Process, Selection Method and Employment Laws

The interview for a job consist of different processes, but in this assignment, the focus is on the screening processes. The chief aim of the screening interview is more or less similar to that of the one-on-one interview: to gain enough relevant information from these candidates to allow for a proper selection decision (Painter, 1998). Traditionally, the screening interview was either conducted by phone or face to face. In the contemporary society, such interviews are conducted online by outsourcing the services of recruiting companies. In the expedition presented in this assignment, ABC company contracted a talent search services company. The contracted company screens candidates by subjecting them to a series of tests. The selection criterion relies on predetermined cut-off score points.

The screening process relies on four assessments before the actual interview. First, the candidates submit their CVs and complete online application forms. The selection criteria for this stage includes perfect academic records and meeting the condition that the candidate graduated in the last two years. Candidates meeting these selection criteria receives a personality test questionnaire. The personality test is the second step, and it examines the candidates’ behavioral work preferences. The questions investigate how the candidates like to work and has nothing to do with the persons’ abilities, but shows the persons’ self-regarding their personality. Candidates who can work under pressure, who can perform in competitive environments, who can work with minimal suppression, and who are time conscious qualifies for the next assessment. The third stage of the screening interview is the ability assessment. The qualified candidates take ability tests, which examine the extent at which the candidates can execute various aspects of the job. Candidates will take numerical and verbal reasoning tests. These skills reflect the candidates’ potential to do a task since this assessment method simulate different aspects of the job. Finally, those candidates who shall have excelled in the ability tests will take situational judgment tests. Such tests will examine the candidates’ ability to choose the most suitable action in solving workplace situations. The assessment method used to examine how individuals would handle likely job situations, and the selection uses a predetermined cut-off score. Successful candidates will receive an invite for first and second interviews. At each stage, unsuccessful candidates are contacted and results communicated.

The key employment laws that should be considered in the screening process are the Equality Act and acts protecting against discrimination. The job advert should adhere to the requirements of the equality act. However, the screening process may render unachievable equality leading to a breach of the Act. On the other hand, personality questions may have aspects of race, religion, age, gender and disability discrimination. Discriminatory questions may land the organization in court and elicit unprofessionalism in the screening process. Conclusively, the screening process is susceptible to the breach of either of the two laws, which could haul the organization into undesirable court ligation charges.

Unconventional Workforce

According to Davis-Blake and Uzzi (1993), the use of current workforce is nictitated by the external environment, employment costs, skill requirements, and organizational size and bureaucratization. Hiring such a workforce will subject the organization to less control over the informal group. Independent contractors will have an absolute autonomy when it comes to decision making, and the organization cannot strictly monitor and supervise their work (Jost, 2011). Therefore, if the firm wants to exercise significant control over an independent contractor, then it risks making it part of its workforce, and as such is obligated to settle its payroll taxes among charges. Further, the organization’s right to fire the independent contractor or the temporary employee is limited by the written agreement signed at the time of entering the contract (Connelly, 2004). Finally, building a relationship with such unconventional workforce subjects the organization to unwarranted government audits. Different government agencies might think that the organization has decided to malicious categorize its workforce as independent contractors and temporary employees. Minimum wage and hour law and worker compensation laws are necessary for forging the relationship between the organization and the workforce (Jost, 2011). It protects the organization from unnecessary government audits and allow it push the unconventional workforce without risking compensation to them as its employees.

Effectiveness of HR Policies

The organization’s human resource policies aim ar building a diverse workforce. In particular, the organization implements an equal employment opportunity program in its hiring processes. The organization’s affirmative action ensures that outcome of the hiring, recruiting and promotion processes are diverse and show an increase in the proportion of minorities and women in the hired and promoted workforce. The organization Strong Preferential Treatment plans, but also implements case laws to prevent reverse discrimination. For instance, the organization creates opportunities for non-target group members. However, if the target member does not meet the occupational qualification, then the organization’s case law prohibits the implementation of the affirmative action. The organization also uses lateral transfers of protected classes to revenue-producing sections of the organization. That is, the organization promotes minority classes from non-revenue generating departments such as public relations in an attempt to alleviate glass ceiling in its affirmative action.

References

Clifford, L. (2006). Steps to Success: Interview Others. Huntingdon, GBR: A & C Black.

Painter, R. (1998). Employment Rights. London, GBR: Pluto Press.

Davis-Blake, A., & Uzzi, B. (1993). Determinants of employment externalization: A study of temporary workers and independent contractors. Administrative Science Quarterly, 38(2), 195.

Connelly, C. E. (2004). Temporary workers, permanent consequences: Behavioral implications of triangular employment relationships (Order No. NQ99938). Available from ProQuest Central. (305090105). Retrieved from http://search.proquest.com/docview/305090105?accountid=145382

Jost, M. P. S. (2011). Independent contractors, employees, and entrepreneurialism under the national labor relations act A worker-by-worker approach. Washington and Lee Law Review, 68(1), 311-352.