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Write a 2-3 page Executive Summary analyzing the data from the CapraTek scenario, and formulate three recommendations that will contribute to a legally compliant workplace.
Among the myriad of job responsibilities, Human Resource Specialists are responsible for recruiting, screening, and interviewing applicants. Ensuring a legally compliant workplace requires a deep understanding of applicable laws and how they impact the policies and procedures of the organization.
When employees engage in improper workplace conduct, their employers are subject to liability. Not only can employers be held liable for employee torts, but they can also be held liable for other legal violations, such as discrimination. HR professionals need to be aware of these liabilities and help to educate employees about appropriate workplace conduct. Although HR can deal with many legal issues, one of the most often viewed is the recruiting, hiring and promotion areas. While the idea of unequal treatment of employees is well established and generally easily understood, the issue of Adverse Impact is often more difficult to understand. If all employees are given the same t.e.st, but one group is consistently hired at a lower rate than the majority group, this is called Adverse Impact. For example, males and females take a physical test, and 90% of males pass the t.es.t. while only 20% of females pass the t.e.s.t. At this the point, the company must prove this t.e.s.t. actually measures essential job functions (meaning the job cannot be done without the skill measured by this test). The courts have established the 4/5ths rule for thisâ€”so in this example we would used 4/5ths of 90% (72%) to establish Adverse Impact. (A similar analysis can also be done when looking at internal promotions and most any other “positive reward” structure). This assessment will allow you to explore this issue in some depth.
Tort: A private or civil wrong or injury, including action for bad faith breach of contract, for which the court will provide a remedy in the form of an action for damages.
â€”Black’s Law Dictionary
Bennett-Alexander, D. D., & Hartman, L. P. (2019). Employment law for business (9th ed.). New York, NY: McGraw-Hill Irwin.
Garner, B. A. (Ed.) (2019). Black’s Law Dictionary (11th ed.). St. Paul, MN: Thomson Reuters.