Demographic patterns Question Answer 20922

Please answer the following questions: 1. Do you agree that the employer usually has the upper hand when it comes to establishing the employment relationship? When might the employee have maximum power over the employer? 2. What are the limitations of disparate impact statistics as indicators of potential staffing discrimination? 3. Why is each of the four situational factors necessary for establishing a claim of disparate treatment? 4. What factors would lead an organization to enter into a consent agreement rather than continue pursuing a suit in court? 5. What are the differences between staffing in a private sector and staffing in a public sector? Why would private employers probably resist adopting many of the characteristics of public staffing systems?

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1HR STAFFING
Answer to Question 1
Sometimes employer has upper hand, however it should be considered with respect to
employee also. There is control for employer over creation of job, specifications of job as well as
location of job. Employer controls also access to job, termination and retention of job. There is
maximum power for employee over employer when employee possesses short supply for skills
and the organization has crucial need of such similar skill (Drahokoupil & Fabo, 2016). Then the
employer is in position in offering job to prospective employee at relatively high rate of
compensation. Such short supply could be artificially created and could result in strike for the
workers. On other hand, employee could control work effort over job, could seek in changing
internally employment practices.
Answer to Question 2
Disparate impact statistics demonstrate demographic patterns which exist, however they
don’t necessarily explain reasons for existence of these patterns. Underlying reasons of patterns
might or might not be caused due to discrimination. There might be historical and cultural role of
the women still is affecting concentration by the gender which could be observed within certain
jobs (Yu, 2019). It is culturally unacceptable still for men in assuming jobs as the secretaries that
are traditionally considered as female jobs. Such could be the patters attributable for socio-
economic or age class.

2HR STAFFING
Answer to Question 3
First factor is to belong to protected class. The factor is required as there is to be rationale
which class of people is discriminated against in past for given statue of anti-discrmination for
having legal relevance.
Second factor is to person applied for as well as qualified for job employer was looking
to fill. Until someone tried in applying for job, no possibility is there to demonstrate intent for
discrimination rule is violated (Zafar, et al., 2017).
Third factor is to have been qualified, however being rejected for job in spite being
qualified. Rejection should take place as one could prove discrimination hardly in court if
plaintiff is offered job.
Fourth factor is position is open after rejection of qualified individual and employer
continued in seeking other candidates having same qualifications.
Answer to Question 4
Many possible factors are there which lead organization in entering consent agreement
instead of continuing pursue suit in the court. It is deemed to be less expensive in entering in
consent agreement instead of undergoing expense of battle in the court. Battle in the court could
cause them bad public relations and bad publicity. There are several economic reasons also for
the organizations entering into consent agreement. There is question of public image of the
organization also. Organizations with negative image with discrimination could have trouble in
attracting employees or customers.

3HR STAFFING
Answer to Question 5
Private organizations withstand several procedures of public staffing as their costs to
management time, expenses, processing costs and paperwork in ensuring compliance. There are
individuals’ several characteristics which are not reducible for job descriptions and application
forms’ description. Public sector is shaped by merit principles as well as civil service regulations
and laws (Imani, et al., 2019). Such regulations place organization in more constraints, greater
accountability standards and more red tape. There is more detailed system for every phase of
hiring process when compared to private organizations.

4HR STAFFING
References
Drahokoupil, J., & Fabo, B. (2016). The platform economy and the disruption of the employment
relationship. ETUI Research Paper-Policy Brief, 5.
Imani, H. O. S. S. E. I. N., Gholipour, A. R. Y. A. N., Azar, A. D. E. L., & Pourezzat, A. A.
(2019). Identifying Components of Staffing System to Develop Administrative
Integrity. Journal of Public Administration, 11(2), 251-284.
Yu, A. (2019). Direct Discrimination and Indirect Discrimination: A Distinction with a
Difference. WJ Legal Stud., 9, 1.
Zafar, M. B., Valera, I., Gomez Rodriguez, M., & Gummadi, K. P. (2017, April). Fairness
beyond disparate treatment & disparate impact: Learning classification without disparate
mistreatment. In Proceedings of the 26th international conference on world wide
web (pp. 1171-1180).