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ORIGINAL WORK ONLY This is Human Resources Management Class.
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ORIGINAL WORK ONLY

This is Human Resources Management Class.

These are discussion questions. 200-300 words each.

ARTICLE or VIDEO = No Reference Needed. Summary.

QUESTION = One Reference Needed.


Please feel free to discuss and input thoughts on each issue. For video/article, please provide summary and thoughts.

(1) Article #1 - Diversity Recruiting (200 words summary)

(2) Article #2 - Social Media & HR Staffing (200 words summary)

**Video Script - Please read attached transcript and discuss following:

(3) Discuss about Employment Cycle: Planning a Need and Staff Recruitment (200 words)
LEGAL ISSUES

 

Diversity Recruiting

 

Equal employment opportunity and nondiscrimination are an important part of the

 

recruiting and hiring process. Career services practitioners and university relations and

 

recruiting professionals should be aware of recent legislative changes to established laws.

 


 

6/JOURNAL

 


 

NOVEMBER 2014

 


 

qual employment

 

opportunity (EEO) and

 

nondiscrimination are

 

an essential part of hiring and

 

recruiting practices. Federal EEO

 

laws?Title VII of the Civil

 

Rights Act (Title VII), the Age

 

Discrimination in Employment

 

Act (ADEA), the Americans

 

With Disabilities Act (ADA), the

 

Immigration Reform and Control

 

Act (IRCA), the Uniformed Services

 

Employment and Reemployment

 

Rights Act (USERRA), Title II

 

o f the Genetic Information and

 

Nondiscrimination Act (GINA)?

 

and any state corollaries encourage

 

nondiscriminatory referring,

 

recruiting, interviewing, and hiring.

 

These laws have established

 

several categories of ?protected

 

classifications,? which include race,

 

color, religion, national origin,

 

sex, age (older than 40), disability,

 

intending citizen, and service in

 

the armed services or reserve units.

 

Some state laws have identified

 

additional protected classifications,

 

such as sexual orientation or off-thejob conduct (such as smoking).

 

The first question that must be

 

answered is whether an organization

 

is a ?covered employer? under the

 

specific antidiscrimination laws.

 

Title VI, the ADA, and GINA

 

cover all private employers, state

 

and local governments, educational

 

institutions that employ 15 or

 

more individuals, and private and

 

public employment agencies and

 

labor organizations. The ADEA

 

covers all private employers with

 

20 or more employees, state and

 

local governments, employment

 

agencies, and labor organizations.

 

Title VII, GINA, and the ADEA

 

also cover the federal government.

 

State laws also generally have

 

specific requirements that may be

 

less restrictive than the federal antidiscrimination laws.

 

The inquiry does not end once

 

it is determined that an entity is a

 

?covered employer? under state or

 


 

E

 


 

NOVEMBER 2014

 


 

federal law. To bring a claim under

 

state or federal antidiscrimination

 

laws, an individual must be a

 

member of one of the protected

 

classifications as noted previously.

 

However, given the wide breadth

 

of protected classifications and the

 

expansive nature of the ADA, many

 

individuals could claim protected

 

class status.

 

Federal and state antidiscrim­

 

ination laws also prohibit recruit­

 

ment practices that discriminate on

 

the basis of a protected class and

 

practices that disproportionately

 

limit employment opportunities

 

based on a person?s protected class

 


 

It is also illegal under

 

state and federal

 

anti-discrimination laws

 

to offer different starting

 

salaries, signing bonuses,

 

benefits, or other conditions

 

of employment based on

 

protected class status.

 


 

that are not related to a business

 

need or job requirement. An

 

employer may not use a different

 

recruiting process or selection

 

criteria for individuals based upon

 

protected class status. For example,

 

hiring requirements that call for

 

certain height restrictions or lifting

 

requirements or that eliminate

 

applicants based on criminal history

 

may be per se discriminatory unless

 

they are tied directly to job duties.

 

Accordingly, employers should

 

review the actual job responsibilities

 

before setting forth specific

 

requirements for applicants.

 

It is also illegal under state and

 

federal antidiscrimination laws to

 

offer different starting salaries,

 

signing bonuses, benefits, or other

 

conditions of employment based on

 

protected class status.

 


 

The laws also cover discrim­

 

ination predicated on an

 

individual?s association with

 

someone who is a member of

 

a protected class. Additionally,

 

businesses that are operated by

 

persons with devout religious

 

beliefs (but are not exempt religious

 

institutions) are not permitted to

 

designate religion or observance

 

o f religious practices or beliefs as

 

employment criteria.

 

Applicants and employees who

 

engage in a protected activity

 

are also shielded from retaliation

 

from employers. If an applicant

 

or employee makes a complaint

 

about discrimination or harassment

 

during the application process or on

 

the job, an employer is prohibited

 

from taking an adverse employment

 

action (refusal to hire, decrease in

 

pay, demotion) in response to that

 

complaint. The merit or basis of

 

the underlying complaint does not

 

matter in a retaliation claim. Even

 

an applicant or employee who files

 

a frivolous complaint is protected

 

from retaliation from an employer.

 


 

Affirmative

 

Action Review

 

Affirmative action is inclusive,

 

not exclusive. All employment

 

programs?recruiting, hiring,

 

internships, mentoring, and

 

promotion?must be designed

 

to diversify the candidate pool,

 

workplace, job categories, and

 

managerial positions, not to establish

 

quotas or preferential hiring systems.

 

Similarly, career services programs

 

should intend to diversify student

 

use of its services. Referring

 

students to employers based upon

 

the students? race or ethnicity would

 

not be considered legal.

 

If an employer wants to use

 

gender, ethnicity, or race as a hiring

 

factor, the employer needs proof of

 

prior job segregation, past or present

 

discrimination, or a significant

 

JOURNALS

 


 

A job cannot be held open

 

until the employer finds a

 

candidate of the "correct"

 

race, gender, or ethnicity

 

when there is a pool of

 

qualified nonminority

 

candidates to select from.

 


 

disparity in the work force that

 

needs to be resolved. The fact

 

that there has been a history of

 

discrimination in the United States

 

is not sufficient evidence. Also,

 

the aspiration to diversify the com­

 

pany?s work force to meet global

 

market-place demands may not be

 

considered an adequate justification

 

to use gender, ethnicity, or race as a

 

hiring factor.

 

An employer should consider race

 

or ethnicity as a factor in hiring very

 

cautiously, as the employer could be

 

exposed to significant liability if the

 


 

8/JOURNAL

 


 

consideration is not done correctly

 

and in accordance with the law.

 

Such a practice must be temporary

 

and cease when the substantial

 

imbalance in the work force no

 

longer exists. This is determined by

 

comparing the number of people

 

in the general population who are

 

qualified for the program or job

 

with the number who are actually

 

in the program or job. A general

 

population statistic is not enough.

 

A job cannot be held open until the

 

employer finds a candidate of the

 

?correct? race, gender, or ethnicity

 

when there is a pool of qualified

 

nonminority candidates to select

 

from.

 

Instead of using race, gender,

 

or ethnic background as factors

 

in hiring, an organization that is

 

worried about the lack of diversity

 

in its work force should examine its

 

employment practices for adverse

 

impact. When an organization has

 

what appears to be neutral selection

 

and employment methods that have

 

a disparate impact on the hiring

 


 

of women and/or minorities, then

 

that organization may have to

 

change its employment standards

 

rather than create exclusive hiring

 

programs to bring in women and/

 

or minorities. Employers should

 

measure and track the effectiveness

 

of their recruiting and retention

 

programs, and be aware of their

 

work force?s demographics and

 

the availability of workers with

 

the skills necessary to perform the

 

work. If there is a gap between the

 

demographics of available workers

 

and the employer?s work force, the

 

employer should find out why such

 

a gap exists and develop methods

 

to close it.

 

The key fact when reviewing

 

employment issues is that each

 

decision should be made based on

 

an individual?s ability to perform the

 

actual job duties. Employers must

 

make an individualized assessment

 

of the candidate?s credentials and

 

should focus on business needs and

 

skills sought, not the individual?s

 

protected class status.

 


 

NOVEMBER 2014

 


 

When career services and employ­

 

ers develop programs to increase

 

the diversity of job candidates and

 

employees, they should remember

 

that an inclusive, flexible program

 

that looks at applicants as individu­

 

als has a better chance of weathering

 

legal scrutiny.

 


 

Recent Legislative

 

Changes

 

New rules requiring federal contrac­

 

tors to implement benchmarks for

 

hiring minimum numbers of protected

 

veterans and disabled workers went

 

into effect on March 24, 2014.

 


 

Vietnam Era Veterans?

 

Readjustment Assistance Act of

 

1974 (VEVRAA)

 

The VEVRAA rule gives federal

 

contractors a quantifiable metric to

 


 

measure their success in recruiting

 

and employing veterans. Contractors

 

are required to annually accept a

 

benchmark that is either based on

 

the national percentage of veterans

 

in the work force (8 percent as of

 

April 2014) or their own benchmark

 

based on the best available data.

 

Note: The ?benchmark? is not a

 

requirement. Employers that do not

 

meet the benchmark are not currently

 

subject to any fines or penalties, but

 

should review their hiring practices

 

to develop methods to meet the

 

benchmark in the near future.

 

According to the U.S. Department

 

of Labor, this rule strengthens

 

accountability and record-keeping

 

requirements and enables federal

 

contractors to measure the

 

effectiveness of their recruitment

 

efforts. It also clarifies job-listing

 

and subcontract requirements to

 

enable compliance.

 


 

Section 503 of the Rehabilitation

 

Act of 1973

 

New changes to Section 503 have

 

implications for career services

 

and employers regarding the hiring

 

and employment of people with

 

disabilities.

 

Section 503 is focused on

 

employment and applies to privatesector companies that have $10,000

 

or more in contracts with any federal

 

agency and is overseen by the U.S.

 

Department of Labor?s Office of

 

Federal Contract Compliance and

 

Policy (OFCCP).

 

The changes to Section 503

 

regulations now require a

 

nationwide aspirational goal for

 

the work force to have 7 percent

 

representation of qualified persons

 

with disabilities (current employees,

 

applicants, and new hires). For

 

employers with more than 100

 

employees, the 7 percent goal

 


 

STATEMENT OF OWNERSHIP, MANAGEMENT, AND CIRCULATION

 

(Required by 39 U.S.C. 3685)

 

1.

 

2.

 

3.

 

4.

 

5.

 

6.

 

7.

 


 

8.

 


 

9.

 


 

10.

 


 

Publication title: NACE Journal

 

Publication number: 0278-980

 

Filing date: 10/1/14

 

Issue frequency: Four times a year.

 

Number of issues published annually: Four.

 

Annual subscription price: $70.

 

Complete mailing address of known office of publication:

 

62 Highland Avenue, Bethlehem, Northampton County, PA

 

18017-9085.

 

Complete mailing address of headquarters or general

 

business offices of publisher: 62 Highland Avenue, Bethlehem,

 

Northampton County, PA 18017-9085.

 

Names and addresses of publisher, editor, and managing editor:

 

Publisher: Marilyn Mackes, 62 Highland Avenue, Bethlehem,

 

Northampton County, PA 18017-9085. Editor: Pattie Giordani,

 

62 Highland Avenue, Bethlehem, Northampton County, PA

 

18017-9085. Managing editor: N/A.

 

Owner: National Association of Colleges and Employers, said

 

body being a nonstock, nonprofit corporation incorporated

 

under the laws of the Commonwealth of Pennsylvania, its

 

activities being governed by a Board of Directors. The officers

 

are as follows: President: R. Samuel Ratcliffe, Director,

 

Career Services, Virginia Military Institute, 311 Carroll

 

Hall, Lexington, VA 24450; President-Elect: Dawn Carter,

 

Director, Global University Relations, NetApp, 495 E. Java

 

Dr., Sunnyvale, CA 94089; Vice President-College: Manuel

 

Perez, Interim Associate Vice President, Student Services,

 

California State University-Long Beach, Brotman Hall, Long

 

Beach, CA 90840; Vice President-Employer: David Ong,

 

Director, Corporate and College Recruiting, Maximus, 11419

 

Sunset Hills Rd., Reston, VA 20190; Secretary-Treasurer:

 

Marilyn Mackes, Executive Director, National Association

 

of Colleges and Employers, 62 Highland Ave., Bethlehem,

 

PA 18017-9085; Past President: Daniel Black, EY Americas

 

Director of Recruiting, EY, 300 First Stamford PI., Stamford,

 

CT 06902.

 


 

NOVEMBER 2014

 


 

11.

 

12.

 

13.

 

14.

 


 

Known bondholders, mortgagees, and other security holders owning or holding 1 percent

 

or more of total amount of bonds, mortgages, and other securities: None.

 

The purpose, function, and nonprofit status of this organization and the exempt status for

 

federal income tax purposes have not changed during the preceding 12 months.

 

Publication title: NACE Journal

 

Issue date for circulation data below: September 2014

 


 

15. Extent and Nature of Circulation

 

A.

 

B.

 


 

C.

 

D.

 

E.

 

F.

 

G.

 

H.

 

J.

 


 

Average No. Copies

 

Each Issue During

 

Preceding 12 Months

 


 

Average No. Copies

 

Single Issue Nearest

 

To Filing Date

 


 

...........6,464...................

 

....6,732

 

Paid and/or requested circulation

 

1. Paid/requested outside-county

 

mail subscriptions...................................................6,061................... ............... 6,243

 

..................0 ................... ...................... 0

 

3. Sales through dealers and carriers, street

 

vendors, counter sales, other non-USPS

 

paid distribution........................................... ..................0................... ...................... 0

 

4. Other classes mailed through the USPS..................216................... .................. 213

 

Total paid/requested circulation..................................6,277................... ............... 6,456

 

................56................... .................... 60

 

................56................... .................... 60

 

...........6,333...................

 

.... 6,516

 

..............131................... .................. 216

 

Total................................................................. ...........6,464................... ............... 6,732

 

..........99.0%...................

 

99 0%

 


 

16. Statement of ownership will be printed in the November 2014 issue of this publication.

 

17. I certify that the statements made by me above are correct and complete.

 

Pattie Giordani

 

Editor

 


 

JOURNALV9

 


 

applies to broad job categories

 

within the company. For employers

 

with fewer than 100 employees, the

 

7 percent applies to the entire work

 

force within that company.

 

There is a series of compliance

 

requirements to show the company?s

 

progress toward achieving or

 

exceeding the 7 percent goal,

 

including outreach efforts and

 

internal identification of existing

 

employees with disabilities. For

 

example, for current employees

 

who have not previously disclosed

 

a disability to be counted toward

 

the 7 percent goal, employers

 

will be required to ask them to

 

voluntarily disclose. This invitation

 

will be extended to all employees

 

whether they have requested

 

accommodations or not. Applicants

 

will be invited to disclose prior to

 

the interview. This information will

 

be used to track applicants with

 


 

10/JOURNAL

 


 

disabilities through the recruiting

 

and hiring process. Employers must

 

be mindful to keep such disclosure

 

forms separate from the individual?s

 

personnel files because they contain

 

medical information?the ADA

 

prohibits the commingling of such

 

documentation.

 

The revisions to the Rehabilitation

 

Act will impact career services as

 

employers continue to adjust their

 

recruiting strategies and increase

 

their inclusivity efforts to individuals

 

with disabilities. Career services

 

can help employers connect with

 

the campus disability office. Career

 

services can also collaborate with

 

the disability office to offer students

 

counseling on their options for

 

disclosure of their disability.

 

Employers and career centers can

 

work together to ensure compliance

 

and to identify employment

 

opportunities for students. With

 


 

Employers must be mindful

 

to keep such disclosure

 

forms separate from the

 

individual's personnel files

 

because they contain

 

medical information?

 

the ADA prohibits the

 

comingling of such

 

documentation.

 


 

the changes, the view of disclosure

 

and its benefits have also changed.

 

While disclosure is voluntary, it

 

can be advantageous for candidates

 

to disclose early in the recruiting

 

and hiring process in order to be

 

considered by employers trying to

 

attain or maintain compliance. PI

 


 

NOVEMBER 2014

 


 

Copyright of NACE Journal is the property of National Association of Colleges & Employers

 

and its content may not be copied or emailed to multiple sites or posted to a listserv without

 

the copyright holder's express written permission. However, users may print, download, or

 

email articles for individual use.

 


 

 







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