University HR Staffing Assignment: Legal Compliance Chapter Two

This assignment addresses key aspects of HR staffing and legal compliance, as outlined in Chapter Two of the provided material. The solution explores the power dynamics between employers and employees, considering factors like skill scarcity and control over work effort. It delves into disparate impact statistics, acknowledging that demographic patterns may not always indicate discrimination and that cultural and historical factors can play a role. The assignment also outlines the necessary factors for establishing a discrimination claim, including protected class membership, job qualifications, rejection despite qualifications, and the continued search for other candidates. Furthermore, it examines the reasons organizations might opt for consent agreements instead of court battles, considering costs, public relations, and image. Finally, the solution contrasts the staffing procedures of private and public organizations, highlighting the impact of regulations, merit principles, and civil service rules on the hiring process.

Running head: HR STAFFING
HR STAFFING
Name of the Student:
Name of the University:
Author Note:

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).