Overview of Legal Issues

Organizations today recognizing that in order to compete with competition their most valuable resource is there human element as well as being their primary source of staying competitive in the market (Aguinis, 2009).  To keep this Advantage organizations require effective recruiting as well selection of employees. In order to provide an effective selection process the organization has to maximize its person to job fit with individual employees being hired based on their abilities, knowledge, skills, and other characteristics  what should match closely to the job being hired for as far as responsibilities, tasks, and duties of the job (Pfeffer, 1998).

In order to select an effective candidate there two sets of data that need to be verified including the candidate’s characteristics and the requirements of the job. The candidate must go through a variety of selection techniques including providing an application or resume, providing references, doing interviews, and taking assortment of assessments or tests (Pfeffer, 1998).  Any misconduct on a social, ethical or legal faces would constitute a serious as well as costly risk to the survival and continuity of the company (Pfeffer, 1998).  It is for this reason that the legal, ethical, and social issues need to be addressed carefully when developing methods for selection and assessment of candidates for an opening.   The following paper will cover the topic of disparate treatment discrimination.          

Disparate Treatment Discrimination

Disparate treatment entails less favorable treatment of individuals based on their religion, race, gender, or their national origin which is unlawful under the Civil Rights Act of 1964 specifically title 7 (McGinley & Boyd, 2011).  This treatment takes place when a person or particular group of persons or deny the same promotion, employment, membership, or additional opportunities that are available to other applicants or employees during the period of discrimination (EEOC, 2013).  This unequal treatment has to be distinguished from validation Concepts and proof of the discriminatory motive is very critical though some situations provide inference based on the difference in treatment being a fact (McGinley & Boyd, 2011).  This discriminatory treatment is the most common claim and can be articulated to a single claim a practice or pattern alleging systemic discrimination within the organization (McGinley & Boyd, 2011).

Causes of Disparate Treatment

            Though an employee is protected by the Civil Rights Act many companies commit violations to the Act sometimes inadvertently during any part of the hiring process (McGinley & Boyd, 2011). McGinley and Boyd (2011)  state some of the most common causes for the discriminatory treatment include employees inadequately trained,  ignorance of the law, poor screening skepticism over complaints, failure at recognizing personal conflict, and diversity bias.  The most discrimination rules of employment self-evident and rigorous some explicit legal awareness training can often fail at preventing companies from legal liability especially in cases where there's a lack of business consciousness (Brodin, 2011).

Steps to Prevent

New guidelines have been set for writing examples for companies to follow in order to proactively reduce or prevent violations of discrimination occurring (EEOC, 2013).  The Equal Employee Opportunity Commission, EEOC list the following comprehensive recommendations for procedures in order to enforce prevention of violations effectively (2013).  This list includes developing a strong policy for equal employment opportunities that can be embraced by upper management as well as providing pertinent training for any staff for supervisors on the policies content and enforcing as well as managing the accountability of the policy being executed. Lulu states that any employment decisions have to be debriefed and well-documented to any effect of parties and that records need to be kept for a stated period of time. 

The list recommends implementing practices are designed to diversify a widen the candidate pool for employment openings as well as develop promotion  criteria witches identify to all employees and advertise any job openings to all available participants. The company should develop job-related objective qualification standards for functions, duties, and competencies as well as identify and remove any barriers to equal employment through implementing a diverse qualified labor market. The company is also recommended to develop all employees potential to equal employment through providing training, mentoring, experience, any information to excel, and skills. The company should develop an anti-harassment procedure, monitor compensation practices as well as performance appraisals for any potential discrimination, and develop an inclusive culture through articulating professional environment and respect. The company needs to foster open communication, ensuring protection against any kind of retaliation, and develop an early dispute resolution policy.

Conclusion

Disparate treatment entails less favorable treatment of individuals based on their religion, race, gender, or their national origin which is unlawful under the Civil Rights Act of 1964 specifically title 7 (McGinley & Boyd, 2011).  This treatment takes place when a person or particular group of persons or deny the same promotion, employment, membership, or additional opportunities that are available to other applicants or employees during the period of discrimination (EEOC, 2013).  Though an employee is protected by the Civil Rights Act many companies commit violations to the Act sometimes inadvertently during any part of the hiring process (McGinley & Boyd, 2011). The most discrimination rules of employment self-evident and rigorous some explicit legal awareness training can often fail at preventing companies from legal liability especially in cases where there's a lack of business consciousness (Brodin, 2011).

References

Aguinis, H. (2009). Performance management (2nd ed.). Upper Saddle River, NJ:          Pearson

 Biddle Consulting Group. (2013). Uniform Guidelines on Employee Selection     Procedures. Retrieved from http://www.uniformguidelines.com

Brodin, M., (2011). Ricci v. DeStefano : The New Haven Firefighters Case & the           Triumph of White Privilege. Southern California Review of Law and Social    Justice 20., (2): 161-232

McGinley, A.C., & Boyd, W.S. (2011). Ricci v. DeStefano: Diluting Disparate Impact   and Redefining Disparate Treatment. Nevada Law Journal. Scholarly Works

Pfeffer, J. (1998). The Human Equation: Building Profits by Putting People First.           Harvard Business School Press: Boston, MA.

U.S Equal Opportunity Commission. (2014). Retrieved from http://www.eeoc.gov