Question

elect a company that has violated an HR law. Imagine that you are a HR manager...

elect a company that has violated an HR law.

Imagine that you are a HR manager within that organization. You have been tasked with developing a training to help prevent future violations of the HR law.

Compile research and information to include in your training.

Address the following in 700 to 1,050 words from your research:

  • Summarize the situation.
  • Discuss the law's requirements. Include information regarding what the law does, how it is executed, and the execution gaps of your selected organization.
  • Recommend steps that organizational leadership should take in order to avoid challenges such as this one from happening in the future.

Cite your outside sources with APA formatting.

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Answer #1

Firstly, HR Law refers to laws in the areas of Labour and Employment. It pertains to almost all issues in HRM, specially - hiring/ firing policies, employee benefits and reward, workplace safety, and prevention of discrimination and harassment.

Let's consider Job Discrimination for the purposes of this query. Our Case in point will be the " Samantha Elauf vs. Abercrombie & Fitch Lawsuit of 2009" - and the Law we will be discussing is Title VII of the Civil Rights Act 1964.

Ans 1

Summary- Samantha Elauf vs. Abercrombie & Fitch Lawsuit of 2009

Samantha Elauf, a Muslim-American woman, was denied employment at Abercrombie and Fitch, in 2008, because of her hijab (a head gear worn by Muslim women outdoors due to religious beliefs).The company refused to hire Ms Elauf on the grounds that her scarf clashed with its dress code ("Look policy"). Ruling in Ms Elauf's favour, in 2015, the court upheld Title VII stating that it's illegal for an employer to base employment decisions on an applicant's religious beliefs.

Ans 2

Title VII's requirements (the law and its enforcement)-

  • Title VII of the Civil Rights Act 1964 is a federal law that prohibits discrimination at work on the grounds of race, ethnicity, color, religion, sex or sexual orientation. No terms/conditions or privileges/benefits of employment may be based on these factors.
  • It applies to both public and private employers with 15 or more employees.
  • It is enforced by the Equal Employment Opportunity Commission (EEOC).
  • Any case of discrimination must be brought to the employer first - before a claim is filed (because the HRM must have an initial opportunity to address it). Failing to do so may jeopardise your claim.
  • There's a "BFOQ -bona fide occupational qualification" exception to the law, wherein intentional discrimination may be fundamental to the requirement of a role.
  • Employers are forbidden from retaliating against the aggrieved, or any other employees who take part in the EEOC's investigation.
  • Based on confirmation of claims, one may proceed to litigation.

Abercrombie & Fitch (execution gaps)-

The company's "Look Policy" norms were clearly in contradiction of Title VII. There were no provisions/relaxations based on religion in its hiring policy and the HR staff weren't sensitised regarding unlawful job discrimination and its consequences.

Ans 3

The HR staff needs to be sensitised regarding unlawful job discrimination and its adverse consequences. HR Policies and practices should be planned and implemented in an "inclusive" manner. Training for HR staff in this regard should be compulsory. Also,

  1. Well-documented objective criteria should be followed in evaluating candidates for hiring and promotions
  2. A feedback mechanism should be implemented - providing appropriate reasons for refusing employment - leaving no room for doubts
  3. The company should have a well-documented Anti-harassment policy that clearly spells what discrimination means and who to approach when faced with discrimination. There should be zero tolerance towards perpetrators.
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