Ashford 2: - Week 1 - Instructor Guidance
In an effort to facilitate your learning efforts throughout the term, I ask that you begin the week
by conducting a precursory review of the Society for Human Resource Management (SHRM)
web site found at http://www.shrm.org/Pages/default.aspx. This web site will provide substantive
information regarding current trends and activities related specifically to human resources issues.
This web site will become a valuable reference throughout the term -- but I do ask that also use
other reliable sources of information from the library to support your assignments.
Specifically, I ask that you review the tabs that run across the top of the SHRM web page:
About SHRM
HR Disciplines
Legal Issues
Templates and Tools
Publications
Research
Education
Conferences
Communities
Advocacy
The information found on the SHRM web pages will provide a sound foundation upon which our
discussions throughout the term can build.
As noted in Chapter One, the dominating trends in HR include globalization, technology,
outsourcing and human capital (among others). One important point I wish to address at the
onset: HR is often proscribed to be the function of a specified department, commonly title
Human Resource Department. I discourage the acceptance of the narrowed perspective and ask
that you broaden the scope of function and responsibility to include all managers within an
organization. Where better can a potentially consequential outcome be addressed than directly at
the source of the problem. I, therefore, proffer that HR is a function of all managers, at all levels
of the organization.
Chapter Two addresses two important regulatory aspects of HR: (1) equal opportunity and (2)
affirmative action. It is important you understand the distinct differences in these two terms -- so
in your reading and research, please ensure you are fully informed of the impact and influences
that equal opportunity and affirmative action has on the organization, the manager and the
employee.
An example for your review:
Background Checks: Avoiding Liability for References
SHRM has provided a guidance on assisting employers in protecting themselves from
discrimination/defamation suits from employee references. The general rule of thumb is that
truth is always the best defense against defamation suits, but SHRM offers the following
suggestions:
1) Provide only information that can be documented, such as title and dates of
employment.
2) Require signed releases from the former employee, including the information the
company is allowed to disclose.
3) Provide only truthful information that is job-related and verifiable. If you state in a
reference that John Doe was terminated for theft, you should be able to clearly
document completely the circumstances of the theft. (An alternative would be to
simply state that Doe was dismissed or separated from the company on date X.)
4) Require all managers and supervisors to refer requests for references to HR.
5) Note that simply refusing to give any references at all, your company may be
vulnerable to a negligent referral lawsuit from the employee’s future employer if you
withhold important negative information about the employee.
Some states have enacted laws which protect employers who give truthful, good faith references
to other employers, but do not protect employers who give out false or misleading information.
Week One Overview
Assignment
Due
Date
Post your Introduction
Day 1
Jack Nelson's Problem
A Question of Discrimination
Human Resource Challenges
Format
Discussion Forum
Day 3
Discussion Forum
st
(1 post)
Day 3
Discussion Forum
st
(1 post)
Day 7
Written Assignment
Grading
Percent
1
3
3
7
Note: The online classroom is designed to time students out after 90 minutes of inactivity.
Because of this, we strongly suggest that you compose your work in a word processing program
and copy and paste it into the discussion post when you are ready to submit it.
Readings
1. Read Chapters 1 and 2 in A Framework for Human Resource Management.
Post Your Introduction
To post your introduction, go to this week's Post Your Introduction link in the left navigation.
Please post a brief bio on the first day of class. Respond to at least three of your classmates' bios.
Use this forum to get acquainted and for ongoing non-content related discussions.
Discussions
To participate in the following Discussion Forums, go to this week's Discussion link in the left
navigation:
1. Jack Nelson's Problem
Answer the questions to the case, "Jack Nelson's Problem," at the end of Chapter 1.
Include at least one outside source supporting your answers. Explain your answers in 200
words. Respond to at least two of your fellow students' postings.
2. A Question of Discrimination
Answer the questions to the case, "LearnInMotion.com: A Question of Discrimination,"
at the end of Chapter 2. Include at least one outside source supporting your answers.
Explain your answers in 200 words. Respond to at least two of your fellow students'
postings.
Assignments
To complete this assignment, go to this week's Assignment link in the left navigation:
Human Resource Challenges
Find at least two articles through ProQuest which discuss at least two of the biggest challenges
facing human resource departments today. Summarize your findings in a 3-5 page paper. Be sure
to properly cite your resources using APA style.
\
Discussion 1 Responses
Jennifer Moore
5/29/2013 6:02:43 PM
What I think may be happening here is that there is no communication and should be
more training involved on how things work. Everyone needs to work together at all levels
to ensure that the company is maintaining retention with their employees. If they are not,
then there needs to be some type of intervention modification put into place. There can be
many reasons as to why turnover is happening. It could be the economy, or people
looking for jobs with more pay. Another is the performance of the organization itself. For
example, if the economy is bad there could be talk of impending layoffs. Unrealistic
expectations of the job, are they asking too much or too little? Organizational culture is
another issue that may be what is wrong (SIGMA, 2012). If there were no strength in
leadership or reward system, how would a company expect good retention? The company
needs to be committed to its employees. If the company is not showing development of
shared goals and other issues then how do they expect to keep employees? Many factors
come into play here. If the organization is not communication among HR with each other,
where is the control? Something has to be wrong in the managerial department.
Employees are not in control of their environment, only their position. If there were no
quality management then I would expect a high turnover rate.
Having the HR department in the main office would be a great idea. Human resources
play an essential role in developing a company's strategy as well as handling the
employee-centered activities of an organization (Mayhew, 2013). Their job(s) to carry
out are:
1. Human Capital Value
2. Budget Control
3. Conflict Resolution
4.
5.
6.
7.
8.
9.
10.
Training and Development
Employee Satisfaction
Cost Savings
Performance Improvement
Sustaining the Business
Corporate Image
Steadfast Principles (Mayhew, 2013).
These above are the functions that should be carried out by both the supervisors and other
line managers. In addition, the HR’s job is to ensure that all employees are performing at
their best capacity. That they hire the right person for the job duty, so that they do not
experience high turnover. As well as, make sure that their employees who are doing their
overall best, and to ensure that all employees are safe. Finally, to give the right amount of
training needed, committing to fair labor practices (Dessler, 2011).
Jen
References
Dessler, G. (2011). A Framework for Human Resource Management. Upper Saddle
River, NJ: Prentice Hall.
Mayhew, R. (2013). Ten Reasons Why the Human Resources Department Is Important.
Retrieved May 29, 2013, from Chron.com: http://smallbusiness.chron.com/ten-reasonshuman-resources-department-important-25554.html
SIGMA. (2012). Overview of Employee Turnover Research. Retrieved May 29, 2013,
from SIGMA Assessement Systems:
http://www.sigmaassessmentsystems.com/articles/empturnover.asp
Respond
RE: Jack
Nelson's
Problem
Instructor DeYoung
5/30/2013 5:29:59 AM
performance
training,
appraisal
coaching and guidance
employee
engagement (involvement and communication)
openness
– how easy is it for employees to discuss matters
with their front line manager
work-life
balance
recognition
– the extent to which employees feel their
contribution is recognized.
The above listed practices are undoubtedly an important aspect of management and HR -which brings to the discussion an important point: HR is a managerial function. Even when
a formal HR department is in place, many issues can best be addressed at the managerial
level, where the problems occur and can be immediately addressed. Your thoughts?
Respond
WEEK 1
DISCUSSION 1
Cynthia Brown
5/30/2013 7:26:01 AM
1. What do you think is causing some of the problems in the bank’s home office and
branches?
There are many factors that are causing the problems in the bank’s home office and
branches. The first I would address is organization. It is obvious that there is no “rhyme
or reason” to the structure of hiring.
In any agency that I have been hire for or been involved with the hiring process I have
always experiences certain steps that need to be followed before the employee can begin
working or even step foot onto the floor where they will be performing their
responsibilities.
“Human resource management refers to the practices and policies you need to carry out
the personnel aspects of your management job, specifically, acquiring, training,
appraising, rewarding, and providing a safe, ethical, and fair environment for your
company’s employees”(Dessler, 2011)
Another factor that plays a part is communication. It doesn’t seem as though the
supervisor’s have a proper chain of communication if she is addressing an issue with a
new board member while he is visiting.
2. Do you think setting up an HR unit in the main office would help?
I absolutely believe that having an HR unit in the main office would help. It would allow
all employees to know where they need to go for any HR issues. Human resources is
present and uses to maintain fairness, equal opportunities and to ensure a positive work
place.
Employees need to know that there is somewhere they can go if they have to report a
grievance or where they can retain advice or guidance on insurance, workplace
harassment or other positions.
3. What specific functions should an HR unit carry out? What HR functions would then be
carried out by supervisors and other line managers?
I feel that an HR unit should take care of all functions that are needed up to the point
where the individual is ready to start working. There is so much paperwork that needs to
be completed that may even be confidential that an employee needs to complete before
beginning their work. Once the paperwork; insurance, emergency contacts, health
insurance, background checks etc. are completed then the employee can then be released
to the supervisor who will be responsible for providing the training needed to complete
their job responsibilities. The HR personnel should also be responsible for offering
different trainings, education and tools that will give the employee the motivation needed
to be successful within the agency or company.
“Human resource departments should be aligned with the goals and strategies of the
organization, and performance is the primary means by which the goals and strategies of
organizations are realized, the department should be primarily concerned with improving
performance at the organization, process, and individual levels”(Swanson, & Arnold,
1996, p. 16)
The supervisors and line managers need to be knowledgeable of the HR responsibilities
and be aware of what situations need to be addressed by the HR department and which
ones need to be directly addressed by themselves. The supervisors and line managers
should play a role as back up to the HR department and ensure that all policies and
procedures are being followed. Their main responsibility should be ensuring the staff are
carrying out their job duties and doing it correctly.
Swanson, R. Arnold, D.(1996) The purpose of human resource development organization
performance. Minnesota: Jossey Bass.
Dessler, G. (2011). A Framework for Human Resource Management (6th ed.). Upper
Saddle River, NJ: Prentice Hall.
DISCUSSION 2 RESPONSES
Kevin Younger
5/26/2013 1:37:14 PM
Title VII is the 1964 Civil Right Act that states an employer cannot discriminate based on race,
color, religion, sex, or national origin. It states that it shall be ann unlawful employment practice
for an employer.
Griggs v. Duke power company was important because the court ruled that discrimination on
the part of the employer need not be overt; in other words, the employer does not have to be
shown to have intentionally discriminated against the employee or applicant - it need only to be
shown that discrimination took place. The fact that the applicant did not have his high school
diploma was not job related.
The Albermale Paper Company v. Moody was important because it helped to clarify what the
employer must do to prove that any test or screening tool is related to performance on the job.
With regards to Adverse Impact, the Civil Rghts Act of 1991, a person who believes he or she has
been unintentionally discriminated against need only to establish a prima facie case of
discrimination; this means showing that the employer's selection procedures had an adverse
impact on a protected minority group. One way to show proof of this is by pointing out that one
specific minority group is given more management positions than another minority groups.
A list of discriminative managemnent practices to avoid are: word of mouth information
about of the job if the company is mostly the same race. Educational requirements and tests or
measuring procedures. High, weight, physical requirements and health questions should be
avoided. These are just a few but there are many other discriminatory practices to avoid.
Companies today are striving for a more diverse workforce not just because an employer is
trying avoid a lawsuit but because it makes for a stronger and more diverse organization .
Women account for just over half of the workforce and minority groups other than white are
growing as well. Exceptions to being
discriminative is when a company adopts a policy such as Baxter Healthcare Corporation, that
advocates a culturally, racially, and sexually diverse workforce.
The difference between affirmative action and equal opportunity is that equal opportunity aims
to ensure that anyone, regardless of race, color, disability, sex, religion, national origin, or
age has a equal chance for a job based on his or her qualifications. Affirmative action goes
beyond this by requiring the employer to make an extra effort to hire and promote those in a
protected group.
The way to set up an affirmative action program is as follows:
Write an equal employment policy.
Appoint a top official to implement program.
Publicize the affirmative action commitment.
Survey present minority and female employee to determine where program is desired.
Develop goal/timetable for improvement.
Develop/implement program to achieve goal.
Establish internal audit/reporting system.
Develop support for program both inside and outside company.
Kevin
Respond
RE: week 1
discussion 2 Instructor DeYoung
5/28/2013 5:48:26 AM
Please ensure you include supportive referencing and in-text citations in your posts.
Undoubtedly, employees who fall Title VII have clearly specified protections in the context
of discrimination. What protections are provided to employees who work for companies
that do not fall under Title VII to ensure discrimination does not occur?
Respond
A Question of
Discrimination
Jennifer Moore
5/29/2013 6:04:54 PM
Our company is in New York City. We now have only about five employees and are
only planning on hiring about three or four more. Is our company covered by equal
rights legislation? (Hint: Does the government’s Web site provide any clues?)
It depends on whom the company is hiring. In most cases, all companies are covered by
equal rights legislation, unless however, they hire independent contractors. In this case,
there must be paperwork to support that they are only working on a contract basis. All
other regular employees that are full or part time are fine (Allbusiness.com, 2013). There
are four major EO laws to follow:
Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination,
based on race, color, religion, sex, and national origin. This act applies specifically to
those businesses that have 15 or more employees on the payroll at any given time. The
Age Discrimination in Employment Act of 1967 (ADEA), which prohibits age
discrimination against individuals who are forty years of age or older. This act applies
specifically to businesses with a minimum of 20 employees on the payroll at any given
time (Allbusiness.com, 2013). In addition, Title I of the Americans with Disabilities Act
of 1990 (ADA), which prohibits employment discrimination against qualified individuals
with disabilities. This act applies to employers with a minimum of 15 employees. Finally,
there is The Equal Pay Act of 1963 (EPA), which prohibits wage discrimination between
men and women in equal jobs within the same establishment. All employers should take
special note of this act, as it applies to any business with a minimum of one
employee (Allbusiness.com, 2013).
Were we within our legal rights to ask the possibly age-related and substance
abuse–related questions? Why or why not?
There are ways to ask an applicant for an interview about certain things such as age or
alcohol abuse. For example, asking them if they are clean or have been to a treatment
center may not be the right direction. If there is a candidate that is looking for a job such
as a firefighter or a police officer, then it is a (BFOQ) or Bonafide occupational
qualification question to ask and is legal to ask. Employers may not ask if they are using
lawful drugs, but if an applicant tests positive for a controlled substance, then it is lawful
for the employer to ask about the drug use. They cannot ask if they ever were treated for
drug abuse, because they would lead to discovery of a disability, rather than questions
that are related to ability to perform the job in question (America, 2010). If the question is
job related, they can ask questions of that nature. Alcoholism is a type of disability that
covers people under the ADA, but current users of illegal drugs are not (America, 2010).
Did Dan and Alex create a hostile environment for Ruth? Why or why not? How
should we have handled this matter?
However, Ruth thought it was considered uncivil in the way that Dan and Alex handled
themselves; did it create a hostile environment? Some people believe that by having a bad
boss, lack of benefits, or recognition is considered a hostile environment. In order for
there to be a violation of Title VII, certain legal standards must be met (Heathfield & S.,
2013). She should have set them aside and asked them to stop the behavior. If she felt
uncomfortable to ask him or her alone, then she should have asked for help from another
manager or HR (Heathfield & S., 2013).
What have we been doing wrong up to now with respect to EEO-related matters,
and how do you suggest we rectify the situation in the future?
They should have had already had a HR policy handbook in affect when they hired their
employees. In the future, they should organize their HR services by focusing and
providing specialized support day to day for their employees (Dessler, 2011). In addition,
investigate and resolve EEO grievances, examine organizational practices for potential
violations, and compile and submit EEO reports. Be more specific on detailing the job
duties to prepare job descriptions, and develop compensation plans, along with employee
benefits program initiatives (Dessler, 2011). Finally, come up with a plan to organize,
and direct training activities. In addition, they need to look at the coming trends and
figure out their priorities. Look at the main competitive advantage, because it is not about
the technology, but rather the employees themselves who are highly trained and
committed (Dessler, 2011).
Jen
References
Allbusiness.com. (2013). Complying with Equal Opportunity Regulations. Retrieved May
29, 2013, from Allbusiness.com: http://www.allbusiness.com/government/employmentregulations-u-s-equal-employment/11896-1.html
America, T. C. (2010, June 10). Interview Guidelines. Retrieved May 29, 2013, from
humanresources.cua.edu: http://humanresources.cua.edu/manager/guidelines.cfm
Dessler, G. (2011). A Framework for Human Resource Management. Upper Saddle
River, NJ: Prentice Hall.
Heathfield, & S. M. (2013). What Makes a Work Environment Hostile? Retrieved May
29, 2013, from About.com: http://humanresources.about.com/od/workplacediscrimination/g/hostile-work-environment.htm
Respond
WEEK 1
DISCUSSION 2
Cynthia Brown
5/30/2013 3:30:21 PM
Our company is in New York City. We now have only about five employees and are
only planning on hiring about three or four more. Is our company covered by equal
rights legislation? (Hint: Does the government’s Web site provide any clues?)
The company is not covered by equal rights legislation but would be covered under the
proper State or Local entity in charge of EEOC complaints and litigation. The EEOC has
a mandate that stipulates the terms of organizations which correspond to the requirements
as described in the EEOC manual (www.eeoc.gov). “Most state and local laws cover
employees not covered by federal legislation (such as those with fewer than 15
employees).” (Dessler, 2011, p. 42).
Were we within our legal rights to ask the possibly age-related and substance
abuse–related questions? Why or why not?
A law is not put in place to prohibit an organization from asking a person their age. Some
may feel that it is unprofessional if it is asked. Discrimination based on age is prohibited
and questions regarding a person’s abilities based on their age could cross the line if not
properly navigated. They are able to ask his age but to not hiring him based on his age is
clearly discriminatory. “The Age Discrimination in Employment Act (ADEA) of 1967,
as amended, makes it unlawful to discriminate against employees or applicants for
employment who are 40 years of age or older, effectively ending most mandatory
retirement.” (Dessler, 2011, p. 32).
Did Dan and Alex create a hostile environment for Ruth? Why or why not? How
should we have handled this matter?
A hostile work environment occurs when an employee is fearful to participate in the
workplace for fear of retaliation, harassment, or another type of abuse. Dan and Alex may
not have been acting professional, and it could have led to a hostile work environment.
Ruth did the right thing by reporting the behavior to her supervisor. She obviously did not
feel comfortable with her co-workers behavior because she we seen “cringing”. “The
harassers themselves sometimes don’t even realize that their abominable behavior is
offending others.” (Dessler, 2011, p. 37). It lies on a personal belief on what is a hostile
environment but the agency needs to outline exactly what they believe is a hostile work
environment.
What have we been doing wrong up to now with respect to EEO-related matters,
and how do you suggest we rectify the situation in the future?
It seems there has been a lot of wrong doing and corners cut. There are no policies and
procedures that need to be follow. There needs to be guidelines that staff need to follow
and if not there needs to be outlined consequences. There are many EEOC violations and
if not handled correctly the agency could be closed down.
Dessler, Gary. (2011). A Framework for Human Resource Management (6th ed.) Upper
Saddle River, NJ: Pearson Prentice Hall
http://www.eeoc.gov/employers/
Respond
RE: WEEK 1
DISCUSSION 2 Instructor DeYoung
5/30/2013 4:12:42 PM
Turning to a different topic -- The obvious answer is that it is suggested by the EEOC
that employers not ask about an applicant's history of arrest. The reason they
suggest not doing this is that a person can be arrested without being convicted or
even guilty of the crime they are arrested for. As a further point, the EEOC also
suggest that an employer should consider previous conviction records on an
individualized basis, based on
"(1) the nature and gravity of the offense or conduct
(2) the time that has elapsed since the offense and completion of any sentence or
probation, and
(3) the nature of the job at issue". (Lynd & Kolek, 2012, pg. 2)
Lynd, P. R., & Kolek, D. A. (2012, May 22). Employers take note: New eeoc
guidance on criminal records in employment. Employment Law Alert. Retrieved from
http://www.nixonpeabody.com/files/147646_Employment_Law_Alert_05_22_2012.pd
f