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Discrimination within the workplace
How to manage discrimination in the workplace? essay pagarphs
Discrimination within the workplace
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Introduction
Team A conducted research on FastServe Inc. regarding legal issues in reduction of the company's workforce. This paper will address the important issues in understanding and avoiding the risks of discrimination claims against the FastServe Corporation by: 1) discussing what role length of service plays in making decisions for a reduction- in force, 2) reviewing the extent to which management should consider gender, race, age and other protected class designations when making reduction- in force decisions, 3) explaining the role ethics play in decision making and 4) recommending employment policies for FastServe Inc. Under Title VII of the Civil Rights Act of 1964 employment practices must comply with federal and state anti-discrimination legislation (Harshman & Rudin, 2000).
Legal Issues in Reduction of Workforce
Upon receiving notice to layoff and redesign job descriptions of employees, specific areas were reviewed in order to make a decision that would provide the best outcome for the company. These areas included job performance, productivity, special achievements, job responsibility, educational qualifications, absenteeism and status.
Length of service should play a role in making decisions for a reduction-in-force in a non-union organization but it should be taken into consideration along with skill level. An employee should not keep his or her job simply because they have been with the organization for several years. Each employee would need to be reviewed not only on how long they have been with the organization, but on his or her performance as well.
At many organizations, the employees who have been there the longest are the organizations best assets because they already know how to do their jo...
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Today, many health care organizations have been forced to reduce their workforce due to the downturn of the economy. Marshall and Broas (2009) state that whenever health care organizations conduct a reduction in force (RIF); there is the potential for legal risk. However, with proper planning and implementing, employers can minimize the risk of litigation (Marshall & Broas, 2009; Segal, 2001). Hence, before carrying out a 10% reduction in workforce, there are a number of steps that need to be taken to ensure it is successful.
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There is little scientific knowledge when it comes to mentoring effects on future outcomes; in addition posing confusion as to how these programs continue to emerge. A major component in regards to program effectiveness is in measurement or evaluation of its structure (Deutsch, N., & Spencer, R., 2009). This is done by conducting surveys, focus groups, and interviews (Deutsch, N., & Spencer, R. (2009); Karcher, M., & Nakkula, M. (2010); Diehl, D. C., Howse, R. B., & Trivette, C. M. (2011); Osgood, 2012; Williams, 2011). Studies gives the researcher insight into knowledge that otherwise wouldn’t be known, in order to understand mentoring reactions and relationship styles better (Karcher, M., & Nakkula, M. (2010); Christens, B. D., & Peterson, N. A. (2012); Diehl et al., 2011; Leyton‐Armakan, J., Lawrence, E., Deutsch, N., Lee Williams, J., & Henneberger, A. (2012); Meyer, K. C., & Bouchey, H. A. (2010).
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If we do not follow the process, correctly there will be a risk of lawsuits. First, we must start by freezing all hiring, releasing all temporary employees, and then employees who are considered part-time (twenty –hours or less). The part-time employees are excluded from The Federal Worker Adjustment and Retraining Notification Act, and this will simply the daunting process (Plant Closings & Layoffs, n.d.). Next, will begin looking at seniority this is one of the safest ways to proceed in the layoff process and reduce any discrimination accusations (Fallon & McConnell, 2007). While some new younger employees may have needed skills, we must stick to policy. However, we will also consider attendance, performance reviews, and behavior. Each department manager will complete a list of employee that have the least seniority or meet the guidelines set for layoffs. Once the lists are completed by each department manager, operation managers, and human resource managers will review the list and provide feedback. The administration will calculate the number of full-time employees that will be laid off after temporary and part-time employees has been subtracted from the fifteen percent.
In today’s modern business environment, human resources (HR) plays a critical role in keeping executives informed of key legislation and minimizing the organization’s risk exposure. Expectations are high and HR responsibilities are broad, including recruitment, retention, performance management, risk management, training and education, and employee safety, wellness, and benefits. When it comes to employment regulations and ever-changing legislation, executives rely heavily on HR professionals to be subject matter experts. Age discrimination suits are on the rise and post-termination lawsuits can be a real threat to an organization. The Supreme Court’s (SC) ruling on McKennon versus Nashville Banner Publishing Company (NBPC) increased an
Mentoring: Presentations of mentoring have become increasingly popular in large public sector organizations as a resources of employee induction, management development and on occasions executive development. Mentoring is linked with overtly developing the capability and proficiency in an individual in the situation of a one-on-one relationship, where the mentor has a depth of know-how and familiarity in particular areas. The personal growth and development of the person being mentored is tracked in the context of an ongoing relationship with a more skilled and experienced person.
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Sobieralski & Nordstrom (2012) determine employees’ perceptions of layoffs are based on distributive justice, interactional justice, and procedural justice. Distributive justice involves whether severance packages, benefits, or outplacement services were provided to employees, which were laid off. Interactional justice focuses on whether the employee feels he/she was treated with dignity and respect, as well as how the layoff was communicated to the employee. Procedural justice deals with the perception of fairness of the process used to determine which employees would be laid off (Sobieralski & Nordstrom, 2012). The author of this paper has personal experience with this and while distributive and interactional justice might have been appropriate in her case, interactional justice was not and therefore she will not consider employment with that company in the future. While downsizing may be necessary, applying justice to how downsizing is handled can benefit the employees and the
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