Please see the instructions and info from book attached. 

DIRECTIONS: Answer all four questions. Respond to two classmates per question. Responses to classmates should be at least 80 words.

Question ONE: Read the table on pages 317 and 318 “Examples of Transformational Events Associated with HR Process” from your textbook. Create a similar table, with at least 3 levels, using specific details on the organization you are researching for the Capstone project. Offer a 150-250 word explanation on the decisions you have made on the table. Use at least one scholarly source other than the textbook to support your ideas. Critique at least two of your classmates’ tables by offering constructive feedback. Remember to properly cite your sources.

Respond to Classmate ONE:

Before developing a link or connection between strategy and HRM Practices, there must be a rationale of the two. The explanation provides a basis for predicting, studying, refining, and changing both strategy and practices in specific circumstances; in other words, considering the requirements of each employee other than the KSA’s to perform a particular task. This table below provide specific strategies from the textbook “Common Sense Talent Management,” and offers much insight to be able to generate performance evaluations between management and employees, which connect to various HRM Practices.

Right People

Right Way

Right Things

Right Development

High Level Management

Maintaining and keeping the talent within the organization. This is where the executive management team balances turnover and how that turnover can be prevented.

This is where you find the time to put employees first. Management meets at monthly meetings to discuss who is thriving and who needs mentorship or sponsorship to move forward.

Think about the effort of the products going out and the efforts between all management.

The managers will look at hiring practices and be able to determine why employees come and go. This is how management will be evaluated.

Middle-Level Management

This is important: Maintaining communication between management and employees. Define the gaps and fix them.

This is based on performance, how you can increase merit for employees who thrive, not based on seniority.

Create lofty goals and realistic goals that can be attainable. Each goal should be a goal to help the individual to achieve.

Training is important and should be implemented throughout the organization to maintain growth.

Lower-Level Management

This is where feedback comes in play: Providing growing opportunities to define their progress.

This should be regular, not annual. Provide ongoing feedback and be consistent throughout.

This is not setting goals for managers, but setting goals for employees. Define the organizational ladder of where the employee would like to go.

This seems to be individual across the board; this helps set goals both personal and professional and having a timeline when to complete this.

In today’s economy, the world operates in a way in which the organizations are involved in transformational agendas. Transformation indices a change in businesses, as the difference is on if the basic principles of transformational leadership. However, transformation in human rights is a significant concern. Employee engagement in some of the transformational agendas happening in the organizational HRMs is very critical as they are involved in the entire process (Mello, 2015). Transformational employee engagement in the HRM department is emotional as well as the behavioral reaction of the employees towards a given work environment.

Hunt, S.T. (2014). Common Sense Talent Management: using strategic human resources to improve company performance. Retrieved from EBook Central.

Mello, J. (2015). Strategic human resource management. Stamford, CT, USA: Cengage Learning.

Respond to classmate TWO:

Right Way

Right Things

Right Development

Crew Members

The reason that I chose the employee levels for Arby’s is because each level of employment has different requirements and responsibilities. Within each position there are different areas that that level of employment needs to master before moving up the chain of command. I only used the employment levels within Arby’s because these positions are the face of Arby’s and are determining factors of returning customers and obtaining new ones. With each position in a location, their responsibilities vary, but are typically based upon the same principles. Each team at an Arby’s location is like a small family and they support and help each other like a team, which is what can make or break the location. Without the proper training, knowledge and employees, the success rate plummets.

Reference

s

Bagley, H.M., & Ward, J.B. (2013). Workers’ Compensation. Mercer Law Review, 65(1), 311-235. Retrieved from http://search.ebscohost.com/proxy-library.ashford.edu/login.aspx?direct=true&db=a9h&AN=9431593&site=eds-live&scope=site

Hunt, S.T. (2014). Common Sense Talent Management: using strategic human resources to improve company performance. Retrieved from EBook Central.

Question TWO: Almost every organization with more than 200 employees has at least one significant conflicting HRM practice, which undermines the total performance of the organization at least marginally—examples abound. Discuss one or more conflicting practices you have experienced and recommend one or more alternative HRM practices that could appropriately minimize, or even eliminate, the conflict. Explain in detail. Present your views in 150 words or more in your discussion post. Use at least two scholarly source to support your ideas. Respond to at least two of your classmates’ posts.

Respond to Classmate ONE:

Conflicting HRM Systems

I have worked with more ineffective HRM teams than effective ones. This might seem negative to say, but it is honest and I think the reason for this is that the HRM teams I have worked with talk a lot about innovation in terms of AI and other ideas such as focusing on talent. However, the HRM fails to practically implicate these so-called improvements, which proves quite frustrating. This creates a lot of conflict because it means that throughout the organization, expectations about how job duties will be carried out—including training and processes such as reporting receipts—do not occur. This is made worse when HRM makes a big deal about data collection to help with things they propose or that management/owners propose. I have had to self-report certain processes and outcomes yet the data remains unused. I think it was done to make it seem like something was being done. This is a big waste of time for me and for others in the same boat as me. It impairs the performance of the actual job and it increase time at work, including taking work home to complete.

Boom, Hartog, and Lepak (2019) write that, “Strategic human resource management (SHRM) research increasingly focuses on the performance effects of human resource (HR) systems rather than individual HR practices. Researchers tend to agree that the focus should be on systems because employees are simultaneously exposed to an interrelated set of HR practices,” which means that the outcomes of these practices are dependent on a system that is coherent and strong, with clear communication and a vision that relies on specific goals. If HRM would actually use the data that I have recently collected, several work processes could probably be improved and employees might even feel happier about the work they do.

I feel that because of this, HRM should heavily invest in leadership classes that spark transformation based on true innovation and implementation of ideas and projects that are carried through to the end. The role of leadership in HRM is often overlooked because it seems that many of the HR departments I have encountered function as the backbone of the organization. This is needed, but any HR department that is any good should start taking the “brain initiative” on leadership which means they need to think like a C-level operation. HR needs to seek out upper management and owners rather than letting them come to them with ideas about worker efficiency that are never followed through on, or other such ideas that go nowhere. As Baran, Filipkowsi, and Stockwell (2019) explain, “How human resource management professionals view organizational change and their roles in it matters because those perceptions serve as a foundation for how they define their roles and as a boundary for what they might see as possible.” If HR fails to see itself as leadership then act accordingly, they are not fulfilling the twenty-first century expectation for HR.

References

Baran, B.E., Filipkowski, J.N. and Stockwell, R.A. (2019) Organizational change: perspectives from human resource management. Journal of Change Management, 19(3). 201-219. DOI: 10.1080/14697017.2018.1502800

Boon, C., Den Hartog, D. N., & Lepak, D. P. (2019). A systematic review of human resource management systems and their measurement. Journal of Management, 45(6), 2498– 2537. https://doi.org/10.1177/0149206318818718

Respond to classmate TWO:

The Conflicting HRM Systems of operations often pertains to the division of responsibilities and line of authority. In other words, the level of power given to HRM depends on the grasp of fair employment practices and whether they have well-developed leadership skills. For some conflicting practices are between the HR departments and employees. Farndale & Sanders (2017), “the conflict that often occurs between HRM and staff members not be easy to resolve and it is critical for a business to create a model that considers the organization’s employees over outsourcing services” (p. 132, para. 1). In summary, the business model of HR should focus on organizational strategy and goals, and then clearly lay out the roles and expectations of employees with longevity versus outsourcing.

Experience with Conflicting HRM Practice

Outsourcing is one conflicting HRM practice that I have experienced over the years of employment. Recently there was a job posting for an entry-level HR position, which requires at least one year of experience in one year in HR. If it were not for social networking and knowing certain people in upper-level management positions, I would not have had the opportunity to interview for the HR position. Individuals that are perusing a specialty degree are not given a chance, because of no prior experience. In other words, some organizations will rather pay more money for outsourcing, than hire a vested employee that has been with the organization for over five years. In short, Conflicting HRM Practices will not disappear without some form of intervention; unfortunately, outsourcing is considered a priority resolution for several organizations.

References

Farndale, E., & Sanders, K. (2017). Conceptualizing HRM system strength through a cross-cultural lens. International Journal of Human Resource Management, 28(1), 132–148. https://doi-org.proxy-library.ashford.edu/10.1080/09585192.2016.1239124

Question THREE: Research the term BFOQ. Explain its importance and relevance to HRM. How might not appropriately incorporating well defined BFOQs lead to difficulties for the organization? How would the concept of BFOQ be linked to “disparate treatment” and/or “disparate impact” in respect to staffing? What is the link between the ADA (1990) and BFOQs? Present your views in 150 words or more in your discussion post. Respond to at least two of your classmates’ posts. Use at least two scholarly source in your reply. Remember to properly cite your sources.

Respond to classmate ONE:

Bona Fide Occupational Qualification (BFOQ) is a term that describes an employment qualification that an employer is legally allowed to consider when making hiring and/ or retainment decisions about their employees. The term is used when the nature of a job position requires the employer to discriminate based on a trait such as age, gender, religion, nationality, race, or another protected trait. Essentially BFOQ is legal discrimination. In order for discrimination to be legal in an organization, the employer must be able to prove that no member of the group being discriminated against can perform the requirements of the job. One example of this would be that no one under the age of 21 is able to serve drinks in a bar, therefore discriminating based on age is justified and legal. Another example would be hiring only female attendants for a fitting department of a lingerie store. BFOQ is related to human resources management (HRM) due to the fact that HRM is responsible for ensuring that a company is following legal policies and procedures and is also responsible for the job description and analysis process as well as the hiring process (Skrentny, 2014).

​Not appropriately incorporating well defined BFOQs can lead to difficulties for organizations in certain ways. First of all, a BFOQ may be seem reasonable from a business point of view but may not be justified in a court of law. Secondly, an employer can get into trouble if they use a BFOQ that is contested by employees and proven to be non-justified. Disparate treatment is described as unintentional discrimination. This concept can be linked to BFOQs due to poorly defined restrictions or unjustified ones (Skrentny, 2014).

The Americans with Disabilities Act (ADA) prevents discrimination against qualified individuals with disabilities. In order for a BFOQ to be a justifiable restriction against individuals with a disability, it is required for the employer to provide evidence that the restriction is job-related and consistent with business necessity. An example of this would be a situation in which an otherwise qualified individual would be at a significant risk of substantial bodily injury that cannot be eliminated through reasonable accommodations (EEOC, 2001).

 
References

The U.S. Equal Employment Opportunity Commission (EEOC). (2001). ADA: Job-Related and

Consistent with Business Necessity/ Direct Threat. EEOC.

Skrentny, J. (2014). Have We Move Beyond the Civil Rights Revolution? Yale Law Journal.

Vol. 123 (1)

Respond to classmate TWO:

Bona Fide Occupational Qualification (BFOQ) requires employers to show a particular skill or qualification is necessary for someone to perform a particular job. BFOQ allows some employers to hire individuals based on race (only for actors), sex, age, religion, and national origin. Massengill (2007) used the example of a department store using females to pose as mannequins in the lingerie department. In most cases, we will find that many managers and companies are afraid to implement a BFOQ because the company may find themselves discriminating against people if the correct wording isn’t used and the relationship between the person and the job description cannot be established.

The unsuccessful implementation of a BFOQ could lead to many problems inside an organization. One problem that many companies want to avoid are lawsuits. Of course employment law prohibits EEOC employers to discriminate on people based on their race, ethnicity, religion, sex, and national origin. In some instances, BFOQ serves as a defense and could be used in cases of disparate treatment discrimination. Disparate treatment is a way for people to prove employers are implementing illegal employment discrimination. For example, suppose a small company of 35 people were broken down into 5 departments; finance, human resources, marketing and sales, customer service, and recruiters. Every department hired at least 3 men and at least 4 different races, to incorporate diversity and different backgrounds. During the end of the week, the departments all had to ensure that one person stays to tidy up their area as there were no janitorial services. Every Friday management found that only Hispanics were staying to tidy up, but he never mentioned it to other employees. One of the Hispanics that worked in the sales and marketing department became fed up with being the only one staying to clean the area every week, even after she mentioned in to the other employees. She began to do research and felt like she was being discriminated against based on her ethnicity. She and the others from the other departments had the same story. Cavico and Mujtaba (2016) mentioned that these employees can file a disparate treatment claim that alleges they were treated differently than other employees in the same position or situation, and the difference was based on a protected characteristic.

In the article “BFOQ Defenses in Workplace Discrimination Lawsuits”, the author mentioned that “the ADA only protects qualified people with disabilities from discrimination, it essentially has a BFOQ defense built into its own language” (2012). Americans with Disabilities aren’t allowed to be in the running for a BFOQ due to the ADA but many people can prove that the potential employee may not be able to perform his or her job well due to safety. For example, a person with vision impairments driving a forklift in a manufacturing company. The article also stated that “the difference in ADA cases is that the burden is on the employee to prove that he is qualified despite his disability” (BFOQ Defenses in Workplace Discrimination Lawsuits, 2012).

BFOQ’s can be tricky but it is important to know the pros and cons of using these before attempting to implement them into the system.

 
 
References
 

BFOQ Defenses in Workplace Discrimination Lawsuits. 17 July 2012. Retrieved from http://www.workplacediscriminationlaw.com/bfoq-defenses-in-workplace-discrimination-lawsuits/

Cavico, F. J., & Mujtaba, B. G. (2016). The bona fide occupational qualification (BFOQ) defense in employment discrimination: A narrow and limited justification exception. Journal of Business Studies Quarterly, 7(4), 15-29. Retrieved from https://search.proquest.com/docview/1807471974?accountid=32521

Massengill, D. (2007). Gender as bona fide occupational qualification. Employee Relations Law Journal, 32(4), 52-65. Retrieved from 

https://search.proquest.com/docview/194222075?accountid=32521 (Links to an external site.)

Question NUMBER FOUR: Research the topic of restrictions on termination of employment in European countries. Assess the different requirements and consider risks, operational requirements for MNCs, modified HRM policies, and any other conditions or restrictions facing a firm operating in such environments. Present your views in 150 words or more in your discussion post. Use at least two recent, scholarly source in your reply Respond to at least two of your classmates’ posts.

Respond to classmate ONE:

​In the United States, there is a doctrine of law known as the at-will doctrine. This law allows an employer in the United States to terminate employees without notice or good cause as well as allows employees to leave their employment position without prior notice. The United States is the only country in the world that uses this type of at-will. European employment, for example, requires that if an employer wants to terminate an employee, they must follow a legal procedure. This procedure is a lengthy process that requires good cause which is a very steep requirement. Even after an employer provides proof that they have good cause to terminate an employee they must still pay severance pay which can be especially expensive without the right cause behind the termination of an employee. Another major difference in the regulation of employees between the United States and Europe is the requirement of legal employment contracts. In Europe you must provide a legal agreement of the conditions of employment and that these contracts protect the employer because of the regulations in place to make it incredibly difficult to severe the relationship with an employee. One more critical difference between employment in the United States and in Europe is related to vacation and benefits. In the United States, there are no legal policies regarding an employee’s vacation rights or benefits while in the European Union there are legal obligations for an employer to provide certain lengths of vacation, sick days, and other benefits including family medical leave (Onley, 2014).

​When a United States company opens international business their human resource management strategies must comply with international laws and policies. This can be a difficult task for HRM due to the legal liabilities that can become extremely costly as well as the possible damage to a brand image if violations to these policies and procedures are made. Employees that work overseas for a United States-based company are often very knowledgeable about their rights as employees due to the difference between United States law and European law (Onley, 2014). Additionally, in Europe, most workers are protected by a union whereas in the United States most workers are not. This plays a powerful role in the protection of employees from unlawful and unregulated termination or other violations of employment-related rights (Onley, 2014).

Reference

Onley, D. (2014). Terminating Overseas Employees. SHRM. Retrieved from:

https://www.shrm.org/hr-today/news/hr-magazine/pages/0114-overseas- (Links to an external site.)

terminations.aspx

Respond to classmate TWO:

The United States is totally different in many areas when it comes to a lot of different things. One of them is employment and labor laws. Knowing that the United States is an employment at-will country, this is one of the many things that separate the U.S. from other countries. Employment At-Will means that an employer can terminate an employee at any time, for no reason at all. Fortunately for other countries, such as European countries, employers are not allowed to terminate the employee at any time and definitely not for no reason. When hired in America, most countries send offer letters, offering the employment opportunity to the candidate. In European countries, candidates are offered an employment contract which makes the termination more difficult than America.

Using France for example, all employment arrangements are between the employer and employee are governed by a contract that sets provisions of employment that can only terminate an employee for specific reasons (Dismissal Under French Law, 2011). According to the French, the specific reasons must be recognized by French Law or French Case Law. All applicable dismissal procedures should be kept in accordance with the laws in the event the employee challenges the dismissal.

Supposed the United States was operating an insurance company over in France. Although the company is an American based company, the company and the HR department has to employ individuals based on the host country; meaning all employees in France will have to sign and agree with their employment contract. This could be difficult or it could be a learning experience. Currently I work with a manufacturing company and we only have 3 companies located in the US. All of the other companies are located in Germany, Australia, Bahrain, etc. which allows us to learn the laws and contracts of how other countries operate and work. Having a MNC can be quite the challenge but it can also be worthwhile, as long as all policies and procedures are incorporated correctly (Tharenou & Harvey, 2006). The most important thing to be aware of is ensuring the HR Department is aware of all laws and contracts of the other countries so there are no wrongful terminations as France is not an employment at will country.

 
 
 
 
 
 
 
References

Dismissal Under French Law. Retrieved from: 

http://www.eurojuris.net/en/node/41566 (Links to an external site.)

Tharenou, P., & Harvey, M. (2006). Examining the overseas staffing options utilized by Australian headquartered multinational corporations. The International Journal of Human Resource Management, 17(6), 1095. Retrieved from https://search.proquest.com/docview/218139983?accountid=32521