Recruitment and Selection Strategy

Running head: RECRUITMENT AND SELECTION STRATEGY 1
Recruitment and Selection Strategy
Student’s Name
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RECRUITMENT AND SELECTION STRATEGY 2
Recruitment and Selection Strategy
The Civil Right Act of 1964
This law prohibits discrimination against someone by race, color, national origin, or sex. It
forbids retaliation against individuals who complained about discrimination, filed a charge on
discrimination, or individual who is involved in the investigation of employment discrimination.
The law also compels employers to rationally consider applicants' and employees' honestly
believed religious practices, except if doing so will have the adverse effect on the employer's entity
(EEO 2009). This law is violated when an employer fails to hire or to release any individual, or
else to discriminate against somewhat person with reverence to his reimbursement, terms,
conditions, or freedoms of employment. Because of the individual's race, sex, religious conviction,
complexion, or nationality, or bounds, isolate, or categorize his workers in any way which would
deny or incline to deny any person of occupation prospects or otherwise unfavorably distress his
eminence as a worker, because of the person's race, complexion, religious conviction, sex, or
nationality.
Equal Pay Act (EPA)
This law prohibits payment of different wages to employees if they perform identical
work in the same workstation. It forbids retaliation against individuals who complained about
discrimination, filed a charge on prejudice, or individual who is involved in the investigation of
employment discrimination. This law is violated if an employer decides to pay employees
providing the same service in the same work unequal wages or retaliate against individuals who
complained about discrimination, filed a charge on discrimination, or individual who is involved
in the investigation of employment discrimination (Howell, Azizoglu, & Okatenko, 2012).
RECRUITMENT AND SELECTION STRATEGY 3
Americans with Disability Act (ADA)
This law forbids discrimination against eligible persons with the disability in the public
as well as private sectors. It forbids retaliation against individuals who complained about
discrimination, filed a charge on discrimination, or individual who is involved in the
investigation of employment discrimination. It also requires an employer to reasonably consider
the obvious physical and mental precincts of an otherwise eligible person with a disability who is
a candidate or a worker, except if doing so will have the adverse effect on the employer's entity
(Hersch, 2012). This law is violated if an employer fails to accord qualified individual with the
disability an opportunity because of his condition, retaliate against individuals who complained
about discrimination, filed a charge on discrimination, or individual who is involved in the
investigation of employment discrimination, or fails to provide reasonable accommodation for
workers with the disability.
In most of the employment discrimination lawsuits, the business often loses. Therefore to
avoid this cases the employer encourages the employees to create a work culture and
environment that accommodates diversity and shun any form of discrimination for success in the
business. An employer should maintain consistent employee policies which are responsible for
employee conduct at the workplace; it is the duty of the employer and the managers to enforce
policy placed down in writing lawfully. As this will ensure employee-initiated lawsuits do not
arise due to the same standard of conduct. The employer should also document any problem
regarding the conduct of an employee at the workplace as this will tell what transpired pertaining
regarding the employment situation. The employer should also train his managers on ways to
avoid employment litigation landmines as it will make the managers to act in a consistent and
compliant manner to limit the risk of the employee lawsuit.
RECRUITMENT AND SELECTION STRATEGY 4
Negligent contracting is predicated on the principle that proprietors have an associated
responsibility to safeguard their staff and purchasers from harm instigated by their staff.
Negligent hiring could be a lawful claim created against a proprietor. It's created by a person
that's a worker or a client who is gashed by a worker with a history of such occurrence incidents.
The negligent hiring assertion reasons that the proprietor knew or ought to have well-known their
past history before hiring them. Negligent hiring happens once an organization flops to ascertain
references or conduct unlawful contextual screening before hiring the worker. In other words, an
organization has the obligation of Due Diligence (Kräkel & Sliwka, 2009). It's significant that
the proprietor carry out their Due Diligence by steering a circumstantial screening on each
worker employed. Ideally, before hiring a prospective worker the proprietor must carry out a pre-
employment background screening the criminal registers. The worker mustn't begin work until
the experience information is verified and a criminal related check is made. An example of
negligence is when a worker rapes a coworker. On review, it's discovered that the worker could
be a registered convict who has served jail time for statutory offense. The employer was liable as
a result of this information was ascertainable with effective background checking.
Negligence hiring results when the employing company fails to conduct thorough
background research of the candidate to be employed. It is known that a greater percentage of
job applicants always submit resumes that only portrays the positive part of the life. Therefore it
is necessary to conduct proper background research before recruiting a candidate to avoid
negligence claim. Ensure that before you recruit you conducted:- background checks, seek
former employer reference, drug testing, credit reports, validation of their academic credentials
and finally pre-employment test to identify the candidate traits before confirmation.
RECRUITMENT AND SELECTION STRATEGY 5
The Fair Labor Standard Act (FLSA) is a federal law that sets the least wage, overtime,
and minimum age desired for managers and employees. FLSA classifies employees into two
groups’ minimum wage purpose and overtime purpose. FLSA arrays the federal least wage
normal, though many nations set their lowest wage a bit higher. In 2008, the federal least wage
was $6.55, and it rosette to $7.25 in July 2009. Overtime wage should be at least 1.5 times a
worker’s fixed hourly pay and spread over to any extra period worked preceding 40 hours of
work time in a week. In the year 2009, the minimum wage set by the federal for younger worker
20 years of age should be $4.25 per hour for the first three months ("Validity of Contracts
between the Pullman Company and Its Employees Exempting Railroads from Liability to the
Employees for Negligent Injuries," 1916).
The organization, the employees, and contractors have the specific responsibility. The
full-time worker is an employee who works for 40 hours a week or 150 hours a month while a
Part-time employee is those who work for lesser hours than full-time. Full -time employee is
paid overtime of 1.5 times the hourly pay for any time work over 40 hours per week which is a
little more than part-time counterparts. Full-time employees enjoy insurance cover while part-
time and casual are not insured. Company benefits a lot they hire an independent contractor than
the full-time employee. There is flexibility as the independent contractor are available on the
need basis as compared to full-time whose paid is guaranteed whether they work or not.
However, employees are important in advancing the company's interest as compared to
independent contractors who only come when the need arises. Part-time and casual employees
are more like the contractors since they are not loyal to company interest reason being they are
recruited for the specific job over a given period. Casual does not have job security as compared
to independent contractors who are contracted over a given period and are protected by the law.
RECRUITMENT AND SELECTION STRATEGY 6
The employer has right to fire part-time employee but not independent contractor. Part-time
employees are paid hourly while independent contractors are paid upon completion of the work.
While the independent contractor is given an opportunity to give their offer for the job to be done
casuals are not allowed to negotiate their pay.
RECRUITMENT AND SELECTION STRATEGY 7
References
Hersch, J. (n.d.). Employment Discrimination, Economists, and the Law. Women, Family,
and Work, 217-233.
Howell, D., Azizoglu, B. M., & Okatenko, A. (2012). Confronting Low Pay: Minimum
Wage Policy and Employment in the U.S. and France. SSRN Electronic Journal.
doi:10.2139/ssrn.2185937
Kräkel, M., & Sliwka, D. (2009). SHOULD YOU ALLOW YOUR EMPLOYEE TO
BECOME YOUR COMPETITOR? ON NONCOMPETE AGREEMENTS IN
EMPLOYMENT CONTRACTS. International Economic Review, 50(1), 117-141.
doi:10.1111/j.1468-2354.2008.00525.x
The Validity of Contracts between the Pullman Company and Its Employees Exempting
Railroads from Liability to the Employees for Negligent Injuries. (1916). Harvard
Law Review, 29(4), 435. doi:10.2307/1326693

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