The Hiring Process and Managing a Diverse Workforce
November 16, 2018
The current organization that I work for is Carmax, I started working here this August in inventory and now I work in the detail department. The position I chose to use as my opening position is for an RA4 this position is a reconditioning associate supervisor. I currently hold an RA2 position; however there have been recent openings for the RA4 position with supervisors moving into different locations. I’ve discussed the position with someone that currently holds an RA4 title as well as my management leader that hires for the position and feel comfortable with given my opinion on the topic.
Recruitment Methods and Ways They Prevent Discrimination
The recruitment methods I would choose to use includes recruit a former employee, online recruitment (Snagjob, Indeed, and social media: Facebook for example), and recommendations. Recruit by recommendations from an employee can benefit the company because it implements promotional opportunity within the company. Additionally, you’re insuring the safety of the company because you already know that the employees have the right qualifications as far as education and background. As far as experience they may exceed in experience in the position that would hold as far as supervising however, they will be knowledgeable in with the organization and its expectations. (U.S. Department of Labor)
Online recruitment opens an outlet to a variety of people that maybe it wouldn’t if the job opening was put into a paper or other job listing. Disadvantages to this would be massive publicity making it difficult to go through every application when you’re getting so many in. Lastly, it takes away from the personal feel of evaluating an employee in take away from seeing that they may have unfit behaviors for the job. (U.S. Department of Labor)
Recommendations from current employees especially those you’ve hired are usually good candidates because good people usually know good people. If you made a good hire as a manager, and that employee is reliable and dependable the recommendation for a new hire would more likely result in the same thing. However, like most things there are cons to every good result. In using this can cause two forms of discriminations. First you may unintentionally discriminate against a certain race people. Secondly, unintentionally discriminate against a certain gender. (U.S. Department of Labor)
Application Process Outlined
If applying online or paper this should include social security numbers, name that’s on social security card, and a valid address. Additionally, you would want the applicants to include previous job experience, any relevant certifications, references, and as well as an personality assessment to see if they fit the culture of the business.
Five procedures that insures that all applications records are kept and maintained in case of a discriminatory charge occurs.
1. Keep records of employees’ application for at least a year.
2. Take notes during employees’ interviews so that you’ll be able to reflect on particular employee.
3. Have a transcript of questions so that you can make sure that you’re asking all employees the same questions as well as their response and you’re not a shying away from it for some candidates.
4. After interview include the documentation of the application for the extent of
keeping the applications on file.
5. Stay organized, be consisted, and detailed in every interview. Also details why or not the candidate was hired.
Three background checks that the HR Department must utilize with relevance
In the search for the most qualified employee you have to use a background check there are several differ options to choose. For the Carmax RA4 I choose to use driving record, social security number trace and employment, and county, state, federal criminal checks.
Driving background record with permission can run and employees driving record. In doing this it can ensure that you have a history of being a safe driver. This report includes the status of the drivers’ license, traffic accidents, driving record points, traffic law violations, convictions, and fines, DUI’s in public records, and whether a driver’s license is currently valid, suspended, or canceled.(Ricks) This type of background would be relevant because at Carmax the position causes a high volume of driving. As a RA4 you’ll be responsible for moving cars on the lot as well as one off lot and we need to ensure that you’ll be capable of doing so without it being a risk to the merchandise.
The use of the Social Security Number and employment background verification checks, is used by employers to verify that the personal information an employee has submitted is truthful. This type of check helps to determine whether or not the person is who they say they are. Employers can do this by checking the social security number provided matches the data from the Social Security Administration. By matching tax forms to the Department of Homeland Security and Social Security Administration’s records, employers can also confirm if someone is eligible to work in the United States. (Ricks) This would be relevant because you want to ensure that the person you’re hiring is who they say they are. There are many people that commit identity thefts and you don’t want someone that committing something like that working for you. If you were to hire someone that couldn’t verify their identity it could diminish the integrity of the organization as well as your reputation because you didn’t take the time to check.
County, state, federal criminal backgrounds are the most common when we think about a background check. This type of check details any criminal history or lack thereof. These are referred to as a “rap sheet” and will often contain offenses at the county, state, and federal level.(Ricks) Rap sheets usually contain a record of misdemeanor convictions, felony convictions, past arrests, warrants, current pending charges, dismissed charges, and acquitted charges. This type of background check can get both employers and prospective employees in trouble, as many criminal checks don’t check all databases. Therefore, by not checking all databases they may miss some other out of state charges or match the wrong charge with the wrong person marking a clean individual with a conviction they don’t have. (Ricks) Usually the best background check would be through the use of a private investigator because they are not a robot and can match to see if that individual is the one that actually committed that crime even if they a similar name to another person. (Ricks) This background would be relevant because you want to know the history of an employee before trusting them with the cars. For example, hiring someone with criminal history of stealing cars or committing insurance fraud you wouldn’t want handling your cars because you would be risking losing merchandise.
Two Types of Reasonable Accommodations for both disabled applicants and applicants needing special religious considerations.
“A job accommodation is an adjustment the work environment that makes it possible for an individual that’s disabled to perform their job duties. Accommodations may include specialized equipment, changes to the work environment or adjustments to work schedules or responsibilities. Not all people that are disabled (or even all people with the same disability) need the same accommodation. For example, a job applicant who cannot hear may need a sign language translator during the job interview; an employee who is blind or who has low vision may need someone to read information posted on a bulletin board; and an employee with diabetes may need multiple scheduled breaks during the workday to monitor blood sugar and insulin levels.” (U.S.Department of Labor)
“An employer does not have to provide reasonable accommodations for personal use needed in accomplishing daily activities both on and off the job. Therefore, an employer is not required to provide an employee with a prosthetic limb, a wheelchair, eyeglasses, hearing aids, or similar devices if they are also needed when they are not at work. Furthermore, an employer is not required to provide personal use items, such as a hot pot or refrigerator, if those items are not provided to employees without disabilities. However, items that might otherwise be considered personal may be required as a reasonable accommodation where they are specially designed or required to meet job-related instead of their personal needs.”(U.S. Equal Employment Opportunity Commission)
The only constitutional limitation on an employer’s obligation to provide “reasonable accommodation” is that no such change or modification is required if it would cause “undue hardship” to the employer. “Undue hardship” means that it would cause difficulty or too expense on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodate that it is overly extensive or that it would fundamentally alter the nature or operation of the business. An employer must make a decision on a case-by-case evaluation whether a reasonable accommodation would cause undue hardship or not. “The ADA’s “undue hardship” standard is different from the one that the courts use under Title VII of the Civil Rights Act of 1964 for religious accommodation.”(U.S. Equal Employment Opportunity Commission)
Grutter v. Bollinger
“In 1997, a woman from Michigan, Barbara Grutter, applied for admission to the University of Michigan Law School. Having a 3.8 undergraduate GPA and an LSAT score of 161 Grutter was denied admission. The Law School admits that race was used in factoring the decisions of acceptance because it serves a “compelling interest in achieving diversity among the student body.” According to the District Court it was determined that the Law School’s stated interest in having diversity within their student body and was not trying to misuse the use of race in the admissions process. Trying to change the decision, Court of Appeals held that Justice Powell’s opinion in Regents of the University of California v. Bakke, 438 U.S. 265 (1978), established diversity as a compelling governmental interest necessary under what is called “strict scrutiny review” this is used to justify the use of racial preferences in admissions. The appellate court also rejected the district court’s saying that the Law School’s “critical mass” was the functional equivalent of a quota.”(539 US 306 (2003))
Justice Sandra Day O’Connor deliver a 5-4 vote, the Court held that the Equal Protection Clause does not go against the Law School’s only use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body. The Court argued that, because the Law School conducts highly individualized review of each applicant, no acceptance or rejection is based automatically on one variable such as race and that the process must consider all factors that may contribute to diversity are meaningfully when considered alongside race. Justice O’Connor wrote, “in the context of its individualized inquiry into the possible diversity contributions of all applicants, the Law School’s race-conscious admissions program does not unduly harm nonminority applicants.”(539 US 306 (2003))
In order to treat applicants more equally, the school shouldn’t evaluate submission based off race and should reflect this in their student application process. They should shy away try to reframe from asking about race and may want to eliminate the option on their applications to fairly evaluate each application. Another thing if they didn’t want to eliminate the question has a set number of each race so that you can ensure you’re properly portraying equality among the races.
Meritor Savings Bank v. Vinson
After being fired from Meritor Savings Bank, Mechelle Vinson sued Sidney Taylor, the Vice President of the bank. Vinson says that she had constantly been subjected to sexual harassment by Taylor over her four years working for the bank. She argued the harassment created a “hostile working environment” and was covered by Title VII of the Civil Rights Act of 1964. Vinson fought for injunctive relief along with compensatory and punitive damages against Taylor and the bank.(477 US 57 (1986))
The Court held that the way that Title VII was written “not limited to ‘economic’ or ‘tangible’ discrimination,” letting Congress conclude that “‘to strike at the entire range of disparate treatment of men and women’ in employment. . .” The court stated that the guidelines issued by the EEOC identified that sexual harassment can lead to injury was a form of sexual discrimination prohibited by Title VII. The court determined that plaintiffs could establish violations of the Act “by proving that discrimination based on sex can created a hostile or abusive work environment.” The court refused to rule on the degree to which businesses could be held accountable for the conduct of specific employees. (477 US 57 (1986))
Three Work/Life Conflicts HR Should Consider
In work environment there will be some type of conflicts some involving the job and others outside the job that involves employees’ personal life. To give some examples of that would include some personality conflicts that causes feuds between coworkers. In other cases a conflict could be job flexibility with scheduling if an employee has a family emergency with their child and/or immediate family.
The hiring process has many steps and there are many things that you can do to avoid discrimination and stay open all too every possible outcome. However, there will be times that you cannot fix every situation and you should plan accordingly as an employer. By keeping good records and having a level playing field for all parties.
Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act. (n.d.). Retrieved November 11, 2018, from https://www.eeoc.gov/policy/docs/accommodation.html
Grutter v. Bollinger. (n.d.). Oyez. Retrieved November 11, 2018, from https://www.oyez.org/cases/2002/02-241
Meritor Savings Bank, FSB v. Vinson. (n.d.). Oyez. Retrieved November 11, 2018, from https://www.oyez.org/cases/1985/84-1979
Ricks, J. (n.d.). The 8 Different Types of Background Checks (and What They Reveal). Retrieved November 12, 2018, from https://www.trustify.info/for-business/insight/different-types-of-background-checks
U.S. Department of Labor. (n.d.). Retrieved November 12, 2018, from https://www.dol.gov/general/topic/disability/jobaccommodations