Laws Surrounding the Talent LifeCycle

Penn State University
Course: Staffing and Training Strategies in Organizations

Lesson Assignment: 

Long Essay: (min 750 words, max 1000 words)

Given the increasing popularity of social media and technology usage in the talent acquisition process, describe the legal risks associated with social media in recruiting and measures organizations can adopt to reduce the risk of discrimination claims.  In your essay, discuss the current definition of "applicant" as defined by the EEOC, privacy considerations in reference checks given the proliferation of information on sites such as Facebook and Twitter and suggestions that you have, based on your research, for organizations and applicants to minimize their risk in this era of open access to information. Your research should include recent court cases and their findings as well as a discussion on the position adopted by the organizations in these cases.

Kendra Novak Thornton

June 8, 2014

Lesson 03 Laws Surrounding the Talent Life Cycle

       When organizations use social media such as Facebook, LinkedIn, YouTube, blogs or Twitter as part of their talent acquisition process they are exposing themselves to several legal and financial risks.  “Through social media, individuals voluntarily disclose a vast amount of personal information not typically available outside of an individuals’ personal circle of friends and family. This can range from what movies and books an individual enjoys, to which political candidates the individual supports, to how (and with whom) an individual spends his or her personal time. Not surprisingly, many employers want to use this large quantity of free data to “cybervet” candidates at some point during the interview process. After all, the information is free, easy to access, and oftentimes provides more insight into a candidate than an entire day’s worth of formal interviews.” However, when personal data are disclosed through social media such as race, age, religion, gender, national origin or genetic information and employers use this information for their recruiting and selection decisions, they are at risk of being sued for federal employment law violation.  

Lawsuits can damage an organizations public image and they can cost them millions of dollars in court costs and fees. For some businesses this could lead to bankruptcy. The Civil Rights Acts of 1964, the Pregnancy Discrimination Act, the ADEA, the ADA and GINA, to name just a few, all apply to recruiting efforts through social media.  And whether information is obtained from social media or elsewhere, when an employer says “I’m not hiring that person because of their (age, religion, or medical condition) they have violated those applicants employments rights and are at risk for penalties.

On the other hand, there are proactive measures companies can take to avoid costly litigation and ruining their public image.  First and most importantly hiring managers should base their decisions on an individual’s skills and job qualifications and not merely on information obtained from social media websites.  Secondly, companies should ensure they are recruiting from a large and diverse population group otherwise they could be disproportionately screening out other classes of people potentially causing disparate impact. In other words, they should ask themselves, “What is the population I’m using?” They should be using several recruiting platforms and reaching out to a broad applicant base.  In addition, in order to reduce discrimination claims, organizations can put social media recruiting practices and procedures into place.  Basically, they should develop a clear employee social media recruitment and hiring process, specifically for Facebook, LinkedIn or Twitter.

Other proactive measures that can be implemented to avoid costly litigation and minimize risk are accurate record keeping of each on-line applicant and providing all recruits with an accurate job description. Using social media in a fair and objective manner can be challenging for some.  And in some cases, the mere use of technology during the talent acquisition process poses a risk.  For example, “in Gaskell v. Univ. of Kentucky, No. CIV.A.09-244-KSF, 2010 WL 4867630 (E.D. Ky. Nov. 3, 2010) the plaintiff was rejected for employment as a scientist after another employee circulated an email detailing the plaintiff’s religious views – which were visible on the plaintiff’s personal website – to members of the hiring committee. The Court denied the University’s motion for summary judgment on plaintiff’s Title VII claims of religious discrimination, finding that the plaintiff raised a triable issue of fact as to whether his religious beliefs were a motivating factor in the University’s decision not to hire him….. the mere fact that the employer accessed the information may infer improper motive.”  In other words, it is never a good idea for an employer to know, share or seek out “protected class information.”  To avoid similar issues, setting a clear and specific standard for social media usage is one of the best things an organization can do. Businesses should also remember to screen candidates using objective, job relevant criteria in order to reduce the desire of an aggrieved individual to file a lawsuit.

     According to the US EEOC site, “in order for an individual to be an applicant in the context of the Internet and related electronic data processing technologies, the following must have occurred:

1. the employer has acted to fill a particular position;
2. the individual has followed the employer's standard procedures for submitting applications; and
3. the individual has indicated an interest in the particular position.”

         When reference checks are used during the application process, they should be job related and show proof of validity. For example, criminal background checks are neutral and some crimes may disqualify people, but how long should the crime screen them out? Is a crime that happened twenty years ago job related? Credit checks should also show job relatedness as they tend to cause disparate impact for some groups of applicants. Therefore, in order to avoid further risks based on background data and reference check information, other measures can be taken. First, relate any background information obtained to the job in question and second, show proof that the data is predictive of job success.

       In conclusion, organizations may not be able to avoid lawsuits all together, but they can work hard to avoid them. If they are proactive and genuinely recruit from diverse groups they can potentially avoid litigation. Furthermore, organizations should be honest and truthful in all their recruitment, selection and hiring decisions when social media and technology are used. Decisions should not be based on any protected class criteria rather knowledge, skills and abilities should be why someone is selected. Because when applicants feel like selection methods were fair, they are least likely to pursue a lawsuit when they are not selected.

 References

Phillips, J. & Gully, S., (2012). Strategic Staffing, Prentice Hall publishing

The U.S. Equal Employment Opportunity Commission (March 2008). Questions and Answers: Definition of "Job Applicant" for Internet and Related Electronic Technologies, Retrieved from, http://www.eeoc.gov/policy/docs/qanda-ugesp.html

Morgan, H., & Davis, F., (March 2013) SOCIAL MEDIA AND EMPLOYMENT LAW SUMMARY OF KEY CASES AND LEGAL ISSUES, Retrieved from http://www.americanbar.org/content/dam/aba/events/labor_law/2013/04/aba_national_symposiumontechnologyinlaboremploymentlaw/10_socialmedia.authcheckdam.pdf

   Lesson 03 Long Essay Drop Box (50 pts.)   

Instructors Comments:  Really well done work! You answered the question completely and clearly. Your use of outside sources adds a lot to your work. Hopefully you can see how much work organizations in the US need to do to understand the social media world and how using it puts them at risk. I appreciate your points of view as well!  Grade: 49pts (98%) 

   

Diversity Training

Using Diversity Training in Organizations to Support Business Objectives

Kendra N. Thornton

Penn State University World Campus

            Out of all the things I could have written about why did I choose diversity training in organizations? Why does it interest me the most? First, I think it is important for people in the workplace to understand that everyone is unique and different. We each have our own individual qualities and personalities that set us apart. Second, I believe that organizational effectiveness and growth hinges on a diverse and inclusive workplace. More, I think diversity training is a vehicle that will help individuals understand the importance of valuing people in the workplace who are not like them. In addition, training can bridge the gap between separated cultures and backgrounds between coworkers. Most importantly, I am certain that the success of an organization depends on it. Furthermore, as an African American female who works in corporate America, these issues are important to me. I am of the opinion that proper diversity training can increase organizational profits because of improved employee morale and less turnover. And while diversity training in organizations can be a broad subject matter, my focus is on how it can be used to support business objectives such as retention, customer satisfaction and productivity.    

           

            Throughout my research I was anticipating several definitions and various meanings for workplace diversity. Contrary to my expectations, most definitions read the same. However, there was one word that showed up in every single one of them. It was different or differences. For example, “workplace diversity refers to the variety of differences between people in an organization” (http://www.alphameasure.com/diversity_in_the_workplace.html).

Or, “workplace diversity is a people issue, focused on the differences and similarities that people bring to an organization” (http://www.ilr.cornell.edu/library/research/subjectguides/workplacediversity.html).

And according to businessdictionary.com, workplace diversity means “similarities and differences among employees in terms of age, cultural background, physical abilities and disabilities, race, religion, sex, and sexual orientation” (http://www.businessdictionary.com/definition/workforce-diversity.html).

More, an article from Foothill Community College even went on to say “diversity refers to human qualities that are different from our own and those of groups to which we belong; but that are manifested in other individuals and groups” (http://hr.fhda.edu/diversity/). However, “Diversity is not about differences among groups, but rather about differences among individuals. Each individual is unique and does not represent or speak for a particular group” (http://edis.ifas.ufl.edu/pdffiles/HR/HR02200.pdf). Basically, no two people are the same and we each bring our own unique qualities to the workplace based on our individual dimensions of diversity.  Employees can learn the value and importance of individual differences in the workplace and how they help improve business objectives through diversity training in organizations.

           

 An effective diversity training program is a good way to not only demonstrate our individual differences in the workplace, but it can also provide awareness about how our differences impact our decisions within organizations. For example, two coworkers can both be white females of the same religion. However, it is highly unlikely that they each share the same educational and cultural background. And while they may have some similarities in terms of their education and perhaps even their cultural background, they will not have the same work experience as well. In this instance, a successful diversity training program can help them see how individual workplace decisions are made. Organizational decisions are based not only on someone’s educational and cultural background, but determined by their work experience as well. For instance, someone who has more on-the-job training and experience will provide a different perspective to the organization than someone with less experience; even if they are the same race and gender. Furthermore, “diversity as a concept focuses on a broader set of qualities than race and gender. In the context of the workplace, valuing diversity means creating a workplace that respects and includes differences, recognizing the unique contributions that individuals with many types of differences can make, and creating a work environment that maximizes the potential of all employees” (http://hr.fhda.edu/diversity/). Further, an effective diversity training program can translate the meaning of diversity from race and gender to the importance of valuing people who are unique in many different ways. More, diversity training in organizations can be used to realign workplace cultures that utilize the myriad of skills, abilities and qualities of each employee.  

           

Moreover, in order to have a successful diversity training program, “it is critical that diversity training communicates to individuals that they are respected, valued and appreciated and that their unique qualities drive innovation, increase profits and engage others” (http://www.shrm.org/hrdisciplines/diversity/articles/pages/diversitytrainingpitfallstoavoid.aspx). In other words, training programs that communicate positive workplace messages will help employees feel valued at work. This can increase workplace productivity because of improved employee morale. In a nutshell, “a company that provides diversity programs, this training improves employee retention, increases morale, reduces workplace harassment and improves recruitment efforts to create a more diverse work force. The presence of a diversity program may help put some of your employees at ease and improve opinions of the company due to your commitment to creating a fair and equal work environment where everyone gets treated with respect” (http://smallbusiness.chron.com/advantage-business-diversity-training-its-employees-4846.html).

           

Case in point, I recently had a lead-employee to express her concerns to me about training a worker who was slow and having difficulties catching on. Through an interactive conversation with the trainee, I learned that he had a disability and needed accommodation in which we provided him. Shortly thereafter, he became one of the best workers in his unit. Afterwards, we decided to provide the leadership group with a diversity training program that is currently in the making. At first, the lead-employee was ready to give up on the disabled worker simply because she did not understand his diversity issues. This is an illustration of an organization that can benefit from diversity training. Not only will it create diversity awareness for lead employees, but it can also demonstrate our appreciation and respect for others who are not like us. “ Diversity is about learning from others who are not the same, about dignity and respect for all, and about creating workplace environments and practices that encourage learning from others and capture the advantage of diverse perspectives”  http://www.ilr.cornell.edu/library/research/subjectguides/workplacediversity.html).

In addition, diversity training in organizations can support business objectives because “Diversity training improves the quality of work put out by employees. It produces a happier staff and, in turn, increases productivity” (http://smallbusiness.chron.com/training-workplace-diversity-3026.html). In other words, a diversity awareness training program that fosters innovation and growth can boost a company’s profits. More, using diversity as a training tool will help organizations reach their goals by improving their customer satisfaction ratings because of increased employee morale and improved productivity. In turn, there will be fewer turnovers, more knowledge sharing between employees and an increased level of respect amongst colleagues.  “Diversity training presents an opportunity to increase knowledge, respect and build a more inclusive environment where employees can contribute to their fullest potential. Diversity training which is part of a diversity strategy, can be leveraged to support other organizational goals, such as retention, customer satisfaction or productivity” (http://www.workforcediversitynetwork.com/docs/Article_DiversityTraining_Kaminsky_1005.pdf). Investing in its employees through diversity training in organizations is one of the best ways an organization can increase its profits.  To do so, organizations must use training opportunities to teach employees how to respect other people who are not like them.

The overall objective is to provide a training program that ignites awareness of a multicultural, multifaceted workplace. People need to be informed, advised and made aware of other’s uniqueness and how each person contributes to the organization. Doing so will help people better understand their work environment.  “Organizations must provide employees with skills for operating in a multicultural environment, so that employees can understand their own as well as other cultures, values, beliefs, attitudes, behaviors, and strengths and weaknesses” (http://ncrve.berkeley.edu/CW82/Diversity.html). And in order to have a successful diversity initiative, an organization must remain committed to an inclusive workplace environment. Further, embracing a multicultural workplace by providing workers with the tools they need to understand others around them will improve organizational outcomes. For example, there will be more collaboration where employees work together to understand the needs of their colleagues in order to accomplish departmental tasks. In the long run, a sense of togetherness will be embraced and a more dynamic work environment will be established. Ongoing diversity training is what can help companies accomplish and meet these goals.

            Moreover, companies have learned that in order to remain competitive in an ever increasing global economy, various cultures and identities must be embraced. We found that the major reason organizations strive to incorporate diversity is to improve productivity and to remain competitive” (http://ncrve.berkeley.edu/CW82/Diversity.html).  We all come from so many unique backgrounds that excluding one culture in order to include another would be detrimental to a company’s success. And while organizations may incorporate diversity into their workforce because it is “the thing to do,” “the real need is to maintain and increase profits in national and global competition”(http://ncrve.berkeley.edu/CW82/Diversity.html). Therefore, organizations have come to realize that diversity training is not only a social, fair and economic thing to do, it is a business imperative. Without it, profits, employee retention and customer satisfaction can diminish.

           

In conclusion, diversity training in organizations is not about diversity awareness alone. In order for a diversity training program to be successful it must not only increase awareness, but it should also convey a positive workplace message of respect and inclusion. People want to know that you care about them and that their uniqueness matter. Basically, the training should communicate to employees that they are valued and respected. More, employees should be informed that their qualities are appreciated and workers should be made aware that it is because of their uniqueness that innovation exists within the organization. I am not suggesting that individual differences be pointed out such as black or white, but I am suggesting that these training programs create a sense of inclusion where everyone feels valued during and after they leave the program. It is about creating a fair and equal work environment through diversity training in organizations. From this, both employees and employers will benefit. For example, once workers have been made aware that their differences are valued they will feel respected and appreciated. And because of this they will work harder and produce more. Organizational profits will soar because of increased employee morale, retention and customer satisfaction. Therefore, diversity training is not only essential for organizational awareness, but it is critical for the overall success and profit of a company.

Works Cited

Alpha Measure (2010). Diversity in the Workplace: Benefits, Challenges and Solutions, Retrieved March 25, 2013 from, http://www.alphameasure.com/diversity_in_the_workplace.html

Schmidle, D., (2013). Workplace Diversity Introduction, Retrieved March 25, 2013 from, http://www.ilr.cornell.edu/library/research/subjectguides/workplacediversity.html

WebFinance (2013). Workforce Diversity, Retrieved March 25, 2013 from, http://www.businessdictionary.com/definition/workforce-diversity.html

Foothill-De Anza Community College (2013). Diversity in the Workplace, Retrieved March 29, 2013 from, http://hr.fhda.edu/diversity/

Green, K., Lopez, M., Wysocki, A., Kepner, K., (n.d.). Diversity in the Workplace: Benefits, Challenges, and the Required Managerial Tools, Retrieved April 1, 2013 from, http://edis.ifas.ufl.edu/pdffiles/HR/HR02200.pdf

Hastings, R., (2011). Diversity Training Pitfalls to Avoid, Retrieved April 5, 2013 from,    http://www.shrm.org/hrdisciplines/diversity/articles/pages/diversitytrainingpitfallstoavoid.aspx

Balle, L., (2013). What is the Advantage for a Business to Have Diversity Training for Its Employees? Retrieved April 5, 2013 from,

 http://smallbusiness.chron.com/advantage-business-diversity-training-its-employees-4846.html

Holt, M., (2013). Training in Workplace Diversity, Retrieved April 5, 2013 from, http://smallbusiness.chron.com/training-workplace-diversity-3026.html

Greater Rochester Diversity Council, (2005). Utilizing Diversity Training to Build an Inclusive Workplace, Retrieved April 19, 2013 from, http://www.workforcediversitynetwork.com/docs/Article_DiversityTraining_Kaminsky_1005.pdf

Wentling, M. (n.d.) Diversity Initiatives in the Workplace, Retrieved April 19, 2013 from, http://ncrve.berkeley.edu/CW82/Diversity.html

How to pass the PHR Exam

First, let me just say the test is not easy, by no means. Second, everyone has their own way of studying and preparing for the exam. I will give you some background information about my overall personal experience.

I spent weeks and months contemplating if I should even take the PHR exam or not. Should I do it now or later? Which preparation tool should I use and would I even qualify to sit for the exam? These questions nagged at me for weeks. Of course I wanted the PHR. Quite naturally I'd like to be a Certified Professional in Human Resources and advance in my career. So, what did I do next? My research.

As a national member of the Society for Human Resources Management (SHRM), the SHRM learning system was a no brainer for me. After watching all the self-study demos, I knew it was the right tool for me. Then there were the Human Resources Certification Institute (HRCI) application guidelines. I wasn't quite ready to take the plunge, but I did register on the HRCI website and I gained a clear understanding about the HR body of knowledge requirements.

For weeks, I toggled back and forth to and from the SHRM and the HRCI websites. Am I ready and do I really want to do this? I went for it. And here are my tips on how to prepare for and pass the PHR exam.

• Pray
• Be prepared for all applicable application fees
• Know your budget when deciding on a learning tool 
• Some people use various study materials, but the SHRM learning system was more than enough for me 
• Determine how much time you have to devote to the material and tackle it piece by piece
• Develop a study plan, revise and revisit it often
• Pray
• Stay motivated and focused 
• Don't rush through the material - really understand it - after-all you need to be able to apply your HR knowledge on the job  
• Pray
• Don't lose sight of your goals and future opportunities
• No, I didn't get a good night's sleep the night before the exam and yes I had too many liquids the day of the exam - you may want to NOT do those things
• During the exam - you better pay attention: ask yourself what exactly are they asking me in this question?  
• Pray and believe
• And there you have it....that's how I passed the PHR and became a Certified Professional in Human Resources.
• Sounds easy right - by no means was it nor is it. It's hard work and very time consuming, especially when you mean business.  

Basically, I prayed and studied as much and as often as I could. Initially, the large volumes of information are very overwhelming and intimidating. However, once you get into a study groove it gets easier, or should I say less complicated. You'll actually know the information inside and out - when you diligently study. More, you'll be able to piece all the information together into one big amazing body of knowledge! So go for it - you won't regret it.

Here are some helpful websites to get you started:

www.shrm.org
www.hrci.org
www.hrcp.com

I'd love to know how it goes for you!

All the best,

Kendra Novak Thornton, PHR

Organizations In The Workplace

The purpose of the Organizations in the Workplace course (HRER 802) at Penn State University is to help me define and be able to articulate critical factors that affect behavior within organizations. 

One of my assignments consisted of the following:

Using the material in Lesson 08, write a minimum of 500 words addressing the following issue.

You are participating in a meeting with two colleagues (Joe and Mary) from your department to develop a plan to implement a new performance appraisal process. You are the supervisor. The group has been stuck on one critical issue for 20 minutes. At one point Joe (speaking to Mary) blurts out: "Hey, you've been a real pain in the butt on this issue. I've had it with your arrogance. I have enough problems in my life to have to put up with this." This is not the first time that Joe has behaved this way in situations of this sort.

• You have decided you need to address Joe's behavior. Based on the materials from the text (Chapter 9), how would you approach resolving this problem?

Here is the Essay I wrote: 

   First, I realize that Joe is experiencing stress. He seems to have a high level of hostility and anger and he doesn’t know how to cope. The problem, however, is that Joe is taking his frustration out on his colleague and he is not hiding how he feels.  Second, I would stop a moment to ask Joe about his thoughts on the performance process and find out how he would like to see things go.  According to the text, “if employees are given a sense of control over their work environment, such as being given a chance to be involved in the decision-making process that affects them; this will reduce their work stress.” At this point, I am not rewarding Joe for his bad behavior; rather, I am ensuring that it doesn’t get worse.

I have to understand that Joe may be feeling under pressure at work. He is exhibiting workplace aggression where he reacts to frustration.   And while I will take a moment to understand where Joe is coming from I will also ensure that these types of outbursts do not happen again. Once the three of us have reached an agreement on the performance appraisal process, I will conclude the meeting. Before Joe leaves I will ask him to meet me in my office and I will ask Mary to stay behind. After Joe leaves the room, I would apologize to Mary and inform her that no one deserves to be spoken to that way. I will inform her that I will be working with Joe to solve his disagreements. And finally I would ask Mary to keep our conversation confidential.

Now that Joe is waiting for me outside of my office, he and I will have a private chat. And this is how it would go. “Are you okay, Joe?” “You seem to be very frustrated in our meeting today. Would you please tell me what happened?” I will hear Joe’s thoughts and I will be very understanding. However, I will make it pointedly clear to Joe that cannot happen again. He will be referred to our Employee Assistance Program where he can seek stress management help. Suggesting an EAP to Joe may be the best option because Joe could be dealing with personal issues unrelated to work. “Although EAPs are aimed mainly at work-related difficulties, they can also help employees with problems that originate outside the workplace when such troubles impact work attendance or on-the-job performance” (Rouse, n.d.).  Nonetheless, I will provide him with all the tools and resources he needs to improve his situation and his performance on the job. Joe will still be given a warning for inappropriate workplace behavior, but I will give him an opportunity for coaching and counseling before any disciplinary measures are taken.

            Meanwhile, I will begin immediately drafting a policy on “handling interpersonal conflicts at work.”  Expectations will include cooperative and courteous behaviors.  Treating others with dignity and respect during meetings and other workplace interactions will also be a requirement. Employees will be made aware of all programs available to assist them. In the policy, they will be encouraged to seek help if they sense a stressful workplace environment. It will be a very detailed document with not only policies and practices, but it will also include options and resources.  Basically, I will outline departmental guidelines and the consequences for not following them will be included. Because next time, if someone else has an outburst like Joe, based on the new policy they may be terminated.

  

References

Luthans, F. (2011). Organizational Behavior: An Evidence-Based Approach, 12th Edition. New York. McGraw-Hill/Irwin.

Rouse, M. (2007). Employee assistance program (EAP), Retrieved from http://searchcio.techtarget.com/definition/employee-assistance-program

Here is the grade I received and my professor's comments:

Kendra,

Submission Score(30 pts)	Comments
Kendra Thornton - Lesson 08	10/21/2013 12:01:57 AM	93.33%(28 pts)

Well  done. EAP is a good idea. When YOU send an employee to the EAP provider, YOU can get the results of the conversations and what the issues are. If an employee refuses to go to EAP or does not keep appointments, this should be grounds for termination (as written in your EE manual). What does your employee handbook say about outburst in the workplace? What else do you know about Joe? Passed OVER FOR PROMOTION? problems WORKING WITH OR FOR WOMEN?

This action is borderline insubordination. It is also not his first outburst. Watch for danger signs. He may need remedial help; or may be a potential danger in the workplace.

Well written, good content, context, grammar and spelling.

Best,

Dr. G

Managing Disabilities in the Workplace: ADA Compliance

Why do employers have an obligation to accommodate disabilities?  The purpose of the Americans with Disabilities Act (ADA) is to provide disabled workers with a level playing field within the workplace.  Qualified individuals with disabilities should have the same employment opportunities as everyone else. They should be able to secure and retain employment, promoted and advanced within the workplace, not be discriminated against because of their disability and reasonably accommodated.   The ADA was influenced by the Rehabilitation Act and modeled after it.  It is a federal anti-discrimination law that apply to all employers, both public and private with 15 or more employees.  It protects qualified individuals with disabilities from discrimination and it requires "reasonable accommodation” if needed in order to perform “essential functions” of a job. The ADA of 1990 was amended on September 25, 2008 and took effect on January 1, 2009. It is is enforced by the U.S. Equal Employment Opportunity Commission. 

Because people with disabilities should not be discriminated against in any aspect of employment, including, but not limited to, candidate search and hiring, reasonable accommodation is required during the application and interview process. The first step is to ask all job candidates if they require reasonable accommodation when scheduling an interview. This is okay as long as more probing questions about the disability itself are not asked. Further, it is important for employers to know their organizational policies on reasonable accommodation requests, including the time-frame for providing one.  Second, all requests for reasonable accommodation should be documented. Some reasonable accommodations during the application process can include, but is not limited to, making the application available in alternate formats, such as large print, Braille, or computer disk, in an oral or pre-recorded format, or as an electronic document that can be completed using a computer or if an application or forms are paper-based, allow candidates to take them home, if requested.  Further, when interviewing candidates, employers must ensure all questions are legal and appropriate; and questions that focus on possible disabilities should be avoided.

 In addition, interviewers may not ask questions about a person’s perceived or actual disability. Questions should only investigate a person’s ability to perform the “essential functions” of the job. In addition to not questioning people about their present disabilities, employers cannot ask about previous workers’ compensation claims, history of hospitalization or past substance abuse. More, employers may not ask how often a person will need to be absent for medical care. However, the company’s attendance policy can be stated and the applicant may be asked if they can meet them. 

Employers can comply with the Americans with Disabilities Act by implementing effective processes, methods and procedures for accommodation. First, employers should engage employees in an interactive process. Here, “employers become aware of an employee’s need for accommodation and then work with that person to find mutually acceptable accommodation” (Walsh, p. 305). This process involves the employer identifying and examining the job, its purpose and essential functions. Next, the employer and the disabled individual work together to determine the precise job-related limitations that pose barriers to the individual’s job performance. And then, the two parties identify, discuss and determine which specific accommodations will remove the barriers and difficulties, ultimately allowing the individual to perform the essential functions of the job. Second, “employers should access the effectiveness of each accommodation and the preference of the individual to be accommodated and then determine whether the various accommodations would pose an undue hardship upon the employer” (http://www.mediate.com/articles/bullivant.cfm).

“Recently, in Barnett v. U.S. Air, Inc., 228 F.3d 1105 (9th Cir. 2000), the Ninth Circuit Court of Appeals (whose decisions govern the Western states) addressed the interactive process in depth, noting that “the interactive process is a mandatory rather than a permissive obligation on the part of employers under the ADA and . . . this obligation is triggered by an employee or an employee’s representative giving notice of the employee’s disability and the desire for an accommodation” (http://www.mediate.com/articles/bullivant.cfm). The interactive process is one of the best ways for an employer to avoid liability in a disability discrimination lawsuit. And showing a good faith effort to reasonably accommodate is what matters most.

While employers want to maintain productive employees within the workplace, the overall objective of reasonable accommodation is compliance with the Americans with Disability Act. Lawsuits can bankrupt an organization. Besides being the right thing to do, “the ADA is a federal mandate that carries heavy fines and penalties for noncompliance” (http://www.adaconsultants.com/WhyComply.aspx). However, employers can demonstrate proactive steps when they create and implement human resources reasonable accommodation practices, policies and procedures within their organizations. Good faith efforts that demonstrate their willingness to accommodate qualified individuals who are disabled will save them penalties and unnecessary court costs. Recruiting and hiring disabled workers can improve their bottom line because of increased worker productivity and performance. Further, employer’s efforts will present them in a favorable light and their risks for liability will be reduced. Once organizations take these steps to provide reasonable accommodations they will show they have a handle on the ADA requirements and they will meet EEOC guidelines.  The outcome will be federal law compliance, and nondiscriminatory hiring, recruiting, interviewing, promotion and advancement, discharge and any other terms, conditions and privileges of employment practices within their organization. 

When implementing your recruitment, application and interviewing strategies here are some suggestions: 

DO NOT

• Inquire about an individual’s disability or perceived to be disability during any recruiting, application and / or interview process.

• Document or track any information related to an applicant’s disability during your recruiting, application and / or interview process. 

• Ask if any disability claims have been filed or intend on being filed during your recruitment, application and / or interview process.

• Ask any questions that are not specifically related to the job or job performance during your recruitment, application and / or interview process.

• Ask questions to elicit information that could be used to discriminate against persons with a disability.

• Ask or elicit questions concerning an individual’s medical history. Refrain from seeking any medical data from all applicants, whether disabled or not during your recruitment, application and / or interviewing process. This includes, medications taken, worker’s compensation claims filed previous or current medical history or condition.

• Discriminate against qualified disabled persons who can perform the essential parts of the job, with or without reasonable accommodation.

YOU MAY

• Ask are “you able to perform the essential duties of this job, with or without an accommodation?”  

• Request a satisfactory medical examination, if it applies to job requirements as a condition of employment. (Every person hired to do the same kind of work must be subjected to the same medical inquiries or exams).

• Seek medical information from job candidates ONLY after job candidates have been conditionally offered employment, based on their other qualifications.

YOU MAY NOT

• Discriminate against qualified disabled persons who can perform the essential parts of the job, with or without reasonable accommodation.

There are serious legal consequences for violating ADA in addition to the harmful affect to an employer’s reputation.  The purpose of the ADA as amended is to provide qualified individuals with disabilities the same employment opportunities available to others without disabilities.

References:

 Disability Access Consultants (2012). Why Comply with the ADA? Retrieved November, 13, 2012 from http://www.adaconsultants.com/WhyComply.aspx

U.S. Equal Employment Opportunity Commission (1990). Titles I and V of the Americans with Disabilities Act of 1990 (ADA). Retrieved from http://www.eeoc.gov/laws/statutes/ada.cfm

Society for Human Resource Management (2012). Americans with Disabilities Act of 1990 (ADA). Retrieved from http://www.shrm.org/legalissues/federalresources/federalstatutesregulationsandguidanc/pages/americanswithdisabilitiesactof1990(ada).aspx

Goren, W. (2012).  Concept of Undue Hardship and Reasonable Accommodation in the Employment Context. Retrieved from http://www.mediate.com/articles/gorenw2.cfm

Walsh, D. (2010). Employment Law For Human Resource Practice. Mason, OH: South-Western Cengage Learning

International Human Resource Management

In the United States, we tend to focus more on traditional human resources management practices. However, any organization that conducts business outside of their original country is considered a Multi-National Enterprise (MNE) or Multi-National Corporation (MNC).

Therefore, it is critically important for companies (including those in the U.S.) to understand implications of International Human Resources Management. Here is a brief overview and introduction to IHRM.

IHRM (International Human Resources Management) goes beyond the traditional role of Human Resource Management.

·         Traditional Human Resource Management typically focuses on local customs alone

·         Traditional HRM professionals are least likely to take on international assignments      

·         And they may not operate as strategic partners in the internationalization of their firms

International Human Resource Management is the study and application of ALL human resource management activities within the global environment and basically it takes the traditional HRM role to an international level.

Again, any Organization that conducts business outside of their original country is considered a Multi-National Enterprise (MNE) or Multi-National Corporation (MNC). These organizations can be described as operating their businesses as either:

·         Multi-domestically

·         Internationally or

·         Globally

·         Transnational

And depending on a firm’s strategy, they can be categorized as either one of the above.  

 Multi-domestic strategies are for organizations that have a poly-centrism managerial style.  This means host country cultures and standards are more prominent than those of the home-country; and decentralization is emphasized where independent decisions and judgments are made based on local customs. This organizational strategy is likely to have more wholly owned subsidiaries (where independent companies have developed).   

Global business strategies are used when management uses their home-country standards to run their international activities (ethnocentrism).

Transnational organizations have a geo-centric mindset. Their managerial outlook involves creating a global network and a transnational strategy where they integrate various elements of their global organization into their business strategies.      

•      Ethnocentric orientations: Their IHRM practices for their international operations copy their parent-company practices and are very centralized.

•      Polycentric mindsets of firms: Their subsidiaries are left alone to follow the local HRM practices and their IHRM practices tend to be decentralized.

•      Geocentric firms: Are eclectic. They borrow best practices from around the world and they don’t necessarily choose customs of headquarters over local practices.

  Reference:  Briscoe, D., Schuler, R., Tarique, I. (2012). International Human Resources Management. New York, Routledge.