Recruitment Laws

Recruitment Laws

The recruitment process is usually a response to the need for additional staff members. Human Resource departments have different options at their disposal that they can use to fill vacant positions. These include referrals, outsourcing recruitment services, using the existent database to find new candidates, or promoting from within (Gusdorf, 2008). When HR managers choose to recruit new employees, they must consider the legal aspects that govern the entire process.

Identify 4–5 employee recruitment laws that pertain to pre-employment recruitment activities.

Title VII of the Civil Rights Act

The Civil Rights Act of 1964 prohibits employers from discriminating against certain candidates. Potential employees should not be discriminated against based on race, skin color, religion, nationality, or gender. This law applies to organizations that have at least 15 employees. Employers are not allowed to request photographs from the candidates (The University of Illinois System, 2018). Questions regarding one’s racial background or religion are also prohibited because they go against the law.

Impact of the Civil Rights Act

The Civil Rights Act of 1964 introduced dynamic changes in the workforce. Women were the first beneficiaries as their numbers at the workplace increased. In 1967, 29 percent of the civilian workforce consisted of women. During this time, the laws were still new. In 2013, women constituted 47 percent of the same workforce. The minority groups also benefitted from the law significantly. According to data analysis provided by the U.S. Equal Employment Opportunity Commission (EEOC), the private sector increased its minority representation in the workforce by 10 percent between 1996 and 2012 (Lytle, 2014). Despite being insufficiently represented, minority groups and women enjoy more opportunities for employment than they did prior to the law’s enactment. In addition, discrimination in the workplace has been reduced drastically, making the law effective due to lawsuits. As a result, most organizations have reviewed their policies and practices to avoid unfair treatment of employees and possible legal battles.

The diversity in the workplace has led to a rich workforce that addresses the needs of diverse clients more efficiently. This has resulted in positive changes such as productivity, job satisfaction, client satisfaction, and increased revenues. A diverse workforce also acts as a competitive advantage for a company, which leads to a better brand in the market. The human resource departments have been forced to review the various practices and policies that have a discriminatory impact. Unfortunately, the law has not been effective in reducing unconscious bias. Companies that rely on word of mouth during recruitment tend to attract similar people. In such cases, the HR departments are responsible for identifying cases of resulting discrimination to save the company’s financial resources and reputation and increase its workforce diversity. Decision-making in the workplace has improved due to diverse ideas, opinions, and perspectives, leading to better performance in organizations (Lytle, 2014).

Pregnancy Discrimination Act (PDA) of 1978

Employers are legally prohibited from discriminating against pregnant candidates. The law advocates for fair treatment of women who bear the effects of childbirth, pregnancy, and related conditions. All candidates, pregnant or not, should access similar benefits and opportunities (Gusdorf, 2008). This law can easily be broken when employers eliminate pregnant women or those with children from the list of candidates. Job postings also provide an ideal platform to go against the law through specific requirements that employers list.

Impact of PDA

The law has enabled more employees to work for longer while expectant. However, pregnancy discrimination persists in organizations. Some employees fail to request necessary accommodations for fear of revealing their status. In addition, those who face discrimination based on pregnancy or childbirth fail to report for fear of retaliation from employers. For women of color, their increased participation in the workforce is not adequately represented in the wage comparison with their white counterparts. The expanding economic gap reinforces negative stereotypes in society. Employers have been forced by the law to eliminate policies that promote such discrimination. Compliance with the law is important for avoiding litigation (Ellmann & Frye, 2018).

Americans with Disabilities Act of 1990 (ADA)

The Americans with Disabilities Act affects all organizations that have at least 15 employees. This law prohibits any acts of discrimination against the disabled. It advocates for equal employment opportunities for all candidates and seeks to promote diversity in the workforce. It is unlawful for employers to use tests that disqualify disabled persons unless they are necessary for the Knowledge, Skills, and Abilities required to perform the job. Such tests should be administered to all candidates (The University of Illinois System, 2018). Employers are not allowed to carry out or require medical examinations and inquiries prior to employment.

Impact of ADA

Employers have demonstrated a lack of desire to hire disabled persons due to the high costs and fear of litigation. Unfortunately, this decision causes organizations to lose talent that is present within this pool. However, employers who have embraced this minority group benefit immensely from their skills, knowledge, and abilities. Employees who have received fewer job opportunities have encountered prejudice and a lack of understanding from their abled colleagues. Surprisingly, employees cited the wastage of resources on unnecessary changes that were expected to make the physical plants more comfortable. In this process, few employers seek to identify the real needs of disabled persons (Hastings, 2010).

Age Discrimination in Employment Act (ADEA) of 1967

This law seeks to protect candidates who are 40 years and above within organizations that have at least 20 employees. The Age Discrimination in Employment Act promotes the recruitment of senior citizens. Hiring decisions should be informed by the skills and abilities of an individual as opposed to their age (Gusdorf, 2008). In some states, employers with at least two employees are required to adhere to the legal requirement. In different states, the age threshold is lowered below 40 years to protect more workers.

Impact of ADEA

ADEA has been both effective and ineffective in fulfilling its objective. For old workers, they may still experience discrimination in a different way. Employers can no longer fire aged employees, leading to the application of retirement incentives. Employees are also likely to face untargeted discrimination when employers choose not to hire old workers due to the complications of firing them. The unemployment rates of older workers continue to increase in the presence of the law. Regardless, older workers who are not affected by incentive packages have longer careers. Employers are faced with opportunities to harness talent from older workers for a longer period. To avoid legal issues due to discrimination, some employers have revised the retirement packages to offer incentives to older employees whom they cannot fire. Other employers remain hesitant about employing older workers due to the difficulty of dismissal (Lahey, 2006).

References

Ellmann, N., & Frye, J. (2018). Efforts to Combat Pregnancy Discrimination. Retrieved from Center for American Progress: https://www.americanprogress.org/issues/women/news/2018/11/02/460353/efforts-combat-pregnancy-discrimination/

Gusdorf, M. L. (2008). Recruitment and Selection: Hiring the Right Person. Retrieved from https://cdn.ymaws.com/ise.org.uk/resource/resmgr/files/knowledge_reports/Recruitment_and_Selection_IM.pdf

Hastings, R. R. (2010). Has the Americans with Disabilities Act Made a Difference? Retrieved from SHRM: https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/hastheadamadeadifference.aspx

Lahey, J. N. (2006). How Do Age Discrimination Laws Affect Older Workers? Work Opportunities for Older Americans.

Lytle, T. (2014). Title VII Changed the Face of the American Workplace. Retrieved from SHRM: https://www.shrm.org/hr-today/news/hr-magazine/pages/title-vii-changed-the-face-of-the-american-workplace.aspx

The University of Illinois System. (2018). Major Laws and Regulations that Affect the Selection Process. Retrieved from System Human Resource Services: https://www.hr.uillinois.edu/policy/compliance_toolkit/major_laws_and_regulations_for_selection_process

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Employee Recruitment

Employee recruitment is about finding and attracting the applicants for one’s open positions within an organization. Numerous federal, state and local laws restrict what an employer can and cannot do when recruiting employees, such as it is unlawful to provide false or misleading information regarding employment opportunities within an organization.

Recruitment Laws

Write a minimum 5-page analysis, addressing the following:

• Identify 4–5 employee recruitment laws that pertain to pre-employment recruitment activities.
• Describe each selected law.
• Discuss the impact of each law from both an applicant’s perspective and an employer’s perspective.

Submitting your assignment in APA format means, at a minimum, you will need the following:

• Title page: Remember the running head. The title should be in all capitals.
• Length: 5 pages minimum
• Abstract: This is a summary of your paper, not an introduction. Begin writing in third person.
• Body: This begins on the page following the title page and abstract page and must be double-spaced (be careful not to triple- or quadruple-space between paragraphs). The typeface should be 12-pt. Times Roman or 12-pt. Courier in regular black type. Do not use color, bold type, or italics, except as required for APA-level headings and references. The deliverable length of the body of your paper for this assignment is 5 pages. In-body academic citations to support your decisions and analysis are required. A variety of academic sources is encouraged.
• Reference page: References that align with your in-body academic sources are listed on the final page of your paper. The references must be in APA format using appropriate spacing, hanging indent, italics, and uppercase and lowercase usage as appropriate for the type of resource used. Remember, the Reference page is not a bibliography but a further listing of the abbreviated in-body citations used in the paper. Every referenced item must have a corresponding in-body citation.