Question 1
I disagree with the statement that HR activities need to be limited to the HR personnel. As much as the HR department plays a significant role in the company in terms of recruitment, remuneration, and promotion, it has to work with other members of the firm. A successful HR function should not make isolated decisions; instead, it has to consider the opinions of different stakeholders in the organization such as the employees. For example, if they want to increase their work hours, they have to consult the workers to come up with an amicable decision rather than deciding by themselves.
Question 2
The five cases were due to the following basis: Wards Cove Packing Co. vs. Atonio- race; Patterson vs. McLean Credit Union-race; Price Waterhouse vs. Hopkins-sex; Martin vs. Wilkes-race; and ARAMCO case- sovereign immunity.
In the first case, a group of nonwhite employees alleged that Wards Cove practiced discriminatory hiring giving the unskilled whites a priority. In the second case, Patterson, a black woman, who had worked at McLean Credit union for ten years was laid off and denied a promotion due to her race. In case three, Ann B. Hopkins alleged that Price Waterhouse denied her a promotion because she was a woman. In the fourth case, a group of blacks accused Jefferson County and the city of Birmingham of discriminatory hiring. Case five involved a dispute between Saudi Arabia and ARAMCO on the provisions of their agreement.
The critical elements of the Supreme Court ruling were as follows. First, it held that racial discrimination was an offense and was not actionable. In matters of gender discrimination, the court believed that companies needed to respect women and their contribution to the organization and give them the same opportunities as men. These rulings influenced the crafting of the 1991 CRA because they emphasized on the need to end race and sex discrimination n the workplace.
Question 3
To establish a prima facie discrimination case, an individual has to prove four things. He or she has to show that: he or she was subjected to a hostile work environment; the discrimination was based on the workers protected status; the employee was rejected despite being qualified; and after rejection, the employer sought for applicants with the same skills as those of the individual. To refute claims of discrimination against an individual, a company has to prove that its actions or rejection of the person were justified, e.g. the person was not qualified.
Question 5
Sexual harassment refers to unwelcome sexual advances in the workplace or any other place and other physical or verbal behavior of a sexual nature that is offensive, humiliating or intimidating. To reduce sexual harassment liability, the employer should have a sexual harassment policy that provides examples of the act and warn against those engaging in the behavior. Additionally, the employer needs to provide sexual harassment training in the workplace to make the employees aware of when they join in or experience harassment. What’s more, the employer has to put in place a sexual harassment complaint procedure to deal with such cases swiftly and efficiently.
Question 6
A job analysis is a process used to identify and determine the particular job duties and requirements of a job. The data gathered in a job analysis comprises of responsibilities and tasks, tools and equipment, environment, relationships, and specifications. The data is collected from the staff through the use of interviews, expert panels, questionnaires, and observation. A job analysis is used in a performance review to identify or develop goals and objectives, performance standards, and duties that need evaluation.
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