Which step in the selection process seems most challenging for organizations you’ve been a part of and why?
There is no doubt that step 3: Application Review, is arguably the most challenging for organizations. This is due to the fact that the process requires the HR professionals to review all job application forms sent to them and select viable candidates for the interview (Greg Learning (b), 2017, 2.29-2.44). There are many scenarios where it emerges that the experts overlooked some candidates in the process, who later on allege to have satisfied the requirements of the job. As a result, such disgruntled individuals end up initiating law suits against the potential employer on the basis of discrimination. In this case, one has to critically analyze the applications to avoid missing out on important details; something that ends up being quite challenging for most hiring parties.
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What legal considerations do HR professionals face during this process?
There are a number of legal considerations that HR professionals face in the recruiting process. For instance, one such regulations is the Equal Employment Opportunity (EEO) Laws which prohibit some specific forms of discrimination in the job environment. Also, there are some laws which pertain to the compensation of employees such as: The Davis Bacon Act, Walsh-Healey Act, Fair labor Standards Act, Equal pay Act and Fair Pay Act (Greg Learning (a), 2017, 3.22-3.41). Moreover, the professionals have to face the Fair Labor standards Act which manages to establish standards for minimum wage, overtime pay record keeping and child labor (Greg Learning (a), 2017, 3.53). Others include the Workplace Safety law which is meant to keep employees from harm, Wokers` compensation law that ensures injured workers are compensated and the Equal Pay Act whereby HR professionals are expected to entitle all individuals to equal payment regardless of their gender, social or ethnic affiliation.
How does disparate impact and disparate treatment impact this selection process?
Disparate impact is typically viewed as an unintentional form of discrimination which is also known as adverse impact (Greg Learning (a), 2017, 2.41-2.45). Whereas, disparate treatment occurs in a scenario where a person is treated differently because of the characteristics that defines their protected class. Both are discriminatory practices which are prohibited in the work environment and also those that Human Resource experts have to avoid in the recruitment process.
References
a) Greg Learning. (2017 July 24). HR Basics: Employment Law . [Video File]. Retrieved from youtu.be/CJhRXBpXTPI.
b) Greg Learning. (2017, Jun 30). HR Basics: Selection. [Video File]. Retrieved from youtu.be/1RTeEPyktKY. Prompts:
