Discrimination Law Policies & Procedures Evaluation & Selection Project

Submit your completed project, through the assignment link located in Module 7, on or before the end of the day, Sunday, of Module 7, student’s time zone. Upload your paper as a Word document, using the assignment title. This project will require you to evaluate and select human resources policies and procedures that minimize potential liability under the federal and state employment discrimination laws. This assignment will present alternative policies and procedures for the areas of employment discrimination covered in the course. You will then evaluate the relative merits of these alternatives, identify potential legal problems with these alternatives, then select, and give legal, factual and practical support for your selections. Finally, you will set forth what changes, if any, you would make to the chosen policy in order to improve its legality, practicality and coverage.

1. FREE corporation is a      full-service internet provider. It has 295 employees located in six      states.

You are the HR assistant to the HR director. The director has compiled and given you the following diversity policies. Your job is to evaluate them based on the instructions below.

A. FREE Proposed Policy One: Free believes in diversity over profit. To achieve that goal, FREE assigns five additional points to every applicant who is a member of an under-represented group or has a disability as defined by the ADA. Additionally, FREE has established quotas for each under-represented or disabled group and will strive to achieve those quotas through aggressive affirmative action hiring policies.

B. FREE Proposed Policy Two: Free believes in diversity over profit. To achieve that goal, FREE will engage in active efforts to encourage members of all groups to apply for its positions.

C. FREE Proposed Policy Three: Free believes in diversity over profit. To achieve that goal, FREE encourages all of its employees to seek out disabled people or members of under-represented groups and to recommend them to our HR recruiting team. Your recommendation will carry great weight during our hiring process.

D. FREE Proposed Policy Four: Free believes in diversity over profit. To achieve that goal, FREE will immediately begin replacing all employees lost through attrition with disabled persons and/or members of under-represented groups until FREE’s workforce is optimally diverse. 

Evaluate the relative merits of each of these policies and identify any potential legal problems with each of them, setting forth each word, phrase or sentence, which raises potential issues along with the law that applies. Based on your evaluation, select the best policy, then set forth what changes, if any, you would make to the chosen policy in order to improve its legality, practicality and coverage. (35 Points)

1. MAUL is a national retail      chain specializing in leather clothing. Its stores are open 365/24/7. It      employs approximately 1,500 part-time retail customer service employees.      You are the HR assistant to the HR director. The director has compiled and      given you the following scheduling and attire policies. Your job is to      evaluate them based on the instructions below.

A.  MAUL Proposed Policy One: Given that MAUL provides optimal customer service with its 365/24/7 policy, you will be scheduled according to demand. This includes any day or night of the week during the entire year. Given its success, MAUL has too many employees to accommodate special requests and you will be terminated if you refuse to work at any time or date for which you are scheduled. MAUL’s branding is its major asset, and you will be required to wear your MAUL uniform, without alteration, during your entire shift. No exceptions!

B. MAUL Proposed Policy Two: Given that MAUL provides optimal customer service with its 365/24/7 policy, you will be scheduled according to need. This means that you may be scheduled for any shift, day or night, during the year. MAUL’s branding is its major asset, and you will be required to wear your MAUL uniform, without alteration, during your entire shift. 

If you have any questions, ask your supervisor.

C. MAUL Proposed Policy Three: Given that MAUL provides optimal customer service with its 365/24/7 policy, you will be scheduled according to seniority priority. Supervisors will keep a current list of all employees and their years of MAUL service at each store. Each month, the supervisor will compile a complete list of all schedules and will present this list to store employees in descending order of their seniority. Each person will then select the schedule of their choice from the schedules remaining unchosen when the list is provided to them. There will be no alterations to these schedules for any reason. MAUL’s branding is its major asset, and if you fail to wear or alter your MAUL uniform at any time during work hours, you will be terminated.

D. MAUL’s Proposed Policy Four: Given that MAUL provides optimal customer service with its 365/24/7 policy, you will be scheduled by a random selection process. Each store supervisor will compile a set of schedules which will cover each store for an entire month. Employees’ schedules will then be determined by a random name draw. MAUL’s branding is its major asset, and if you fail to wear or alter your MAUL uniform at any time during work hours, you will be terminated. If you have any reason under federal or state law to request an accommodation, express it to your supervisor and, if the reason is found to be valid, MAUL will reasonably accommodate it unless it creates undue hardship to MAUL’s operations.

Evaluate the relative merits of each of these policies and identify any potential legal problems with each of them, setting forth each word, phrase or sentence that raises potential issues along with the law that applies. Based on your evaluation, select the best policy, then set forth what changes, if any, you would make to the chosen policy in order to improve its legality, practicality and coverage. (30 Points)

1. CREATIVECOUNT is an      accounting services firm, which operates in all 50 states and has over      10,000 employees. You are the HR assistant to the HR director. The      director has compiled and given you the following evaluation and layoff      policies. Your job is to evaluate them based on the instructions below.

A. CREATIVECOUNT Proposed Policy 1: Since CREATIVECOUNT values its employees and its reputation for providing excellent accounting services, it has adopted a continuous improvement evaluation and layoff policy. Each year, you will be evaluated by your immediate supervisor based on your knowledge, skills and performance. If you score below expectations, you may appeal your supervisor’s evaluation to your supervisor’s manager. In the event that layoffs are necessary, they will be based on an employee’s most recent evaluation. 

B. CREATIVECOUNT Proposed Policy 2: Since CREATIVECOUNT values its employees and its reputation for providing excellent accounting services, it has adopted a continuous improvement evaluation and layoff policy. Each year, each employee will be evaluated based on a normal distribution of performance. Specifically, 20% of all employees will be ranked as “A” performers, 30% of all employees will be ranked as “B” performers, 20% of all employees will be ranked as “C” performers, 20% of all employees will be ranked as “D” performers and 10% of all employees will be ranked as “F” performers. One of the criteria used in the evaluation process is whether an employee has shown continuous improvement. Accordingly, employees with greater seniority will be evaluated because of the expectation that they have greater knowledge and abilities, thus higher expectations will attach to them during the evaluation process. In the event of layoffs for any reason, “F” performers will be terminated first, followed, in sequential order, by “D”, “C”, “B” and finally “A” performers.

C. CREATIVECOUNT Proposed Policy 3: Since CREATIVECOUNT values its employees and its reputation for providing excellent accounting services, it has adopted a continuous improvement evaluation and layoff policy. Each year, your immediate supervisor will evaluate you. Evaluations will occur, over time, based on seniority, with those of greater seniority being evaluated before those with lesser seniority. Layoffs will be based solely on the basis of the most recent evaluation and seniority will not be considered at all during the layoff decision-making process.

D. CREATIVECOUNT Proposed Policy 4: Since CREATIVECOUNT values its employees and its reputation for providing excellent accounting services to a diverse client base, it has adopted a continuous improvement evaluation and layoff policy. Each year, your immediate supervisor will evaluate you. You will be evaluated based on your skills, knowledge, performance and personal contribution to the diversity of the CREATIVECOUNT workforce. Layoffs will be prioritized on the basis of your most current evaluations.

Evaluate the relative merits of each of these policies and identify any potential legal problems with each of them, setting forth each and every word, phrase or sentence which raises potential issues along with the law that applies. On the basis of your evaluation, select the best policy, then set forth what changes, if any, you would make to the chosen policy in order to improve its legality, practicality and coverage. (35 Points)

1. NEWAGE is an entertainment      agency, which exclusively represents politically progressive Hollywood      stars. You are the HR assistant to the HR director. The director has      compiled and given you the following hiring practices policies. Your job      is to evaluate them based on the instructions below.

A. NEWAGE Proposed Policy 1: NEWAGE’s reputation as the premier provider of entertainment industry representation to the stars is dependent on the quality of its employees. To retain and grow its reputation, it has adopted the following criteria which are to be equally weighted and scored on a 1-10 scale for each applicant, with the highest scoring applicant being offered the job first and then sequentially down the line if applicants reject the job offer:

1. Fitness for the position and with NEWAGE coworkers.

2. Professional appearance in accordance with industry standards.

3. Level of education, regardless of field(s) of study.

4. Ability to work long hours in physically and mentally stressful situations without accommodations. 

B. NEWAGE Proposed Policy 2: NEWAGE’s reputation as the premier provider of entertainment industry representation to the stars is dependent on the quality of its employees. During the hiring process, applicants are to be evaluated on the basis of the following criteria and weighted according to priorities established by each hiring team:

1. Knowledge of contemporary entertainment trends.

2. Commitment to diversity

3. Membership in an under-represented group.

4. Technological skills.

5. Possession of at least a bachelor degree from a renowned university. 

6. Passing an examination composed by the hiring team. 

C. NEWAGE Proposed Policy 3: NEWAGE’s reputation as the premier provider of entertainment industry representation to the stars is dependent on the quality of its employees. NEWAGE will evaluate applicants based on their knowledge, relevant skills, industry experience, educational level and commitment to life-long learning. NEWAGE is a progressive, diverse employer with the goal of providing opportunities to those who have personally experienced economic hardship, illegal employment discrimination, and sexual harassment and/or are a member of a group, which has experienced any of these social injustices.

D. NEWAGE Proposed Policy 4: No written policies regarding hiring practices.

Evaluate the relative merits of each of these policies and identify any potential legal problems with each of them, setting forth every word, phrase or sentence, which raises potential issues along with the law that applies. Because of your evaluation, select the best policy then set forth what changes, if any, you would make to the chosen policy in order to improve its legality, practicality and coverage. (30 Points)

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