HR Practices and Legal Compliance in Workforce Reorganization

The assignment focuses on strategic HRM practices such as succession planning and the legal considerations involved in workforce management. It includes an analysis of age discrimination claims, responses to CEO inquiries about job postings, and a detailed examination of a case involving disparate treatment based on age. The content is supported by references from authoritative sources in employment law and labor economics.

Running head: RECRUITMENT SELECTION AND INDUCTION PROCESS
Managing Recruitment Selection and induction Process
Name of the Student
Student ID
Name of University
Author Note

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Table of Contents
Question 4:.......................................................................................................................................6
Part II:..............................................................................................................................................9
Question 1:.......................................................................................................................................9
Question 2:.....................................................................................................................................10
Question 3:.....................................................................................................................................10
Part A.............................................................................................................................................10
Part B.............................................................................................................................................11

3RECRUITMENT SELECTION AND INDUCTION PROCESS
Question 1:
What is the public policy exception to employment at will? Give one example of a
termination that may be construed as an exception to employment at will based on public
policy.
Answer:
It has been studied that most of the workers in the United States are covered under the
necessities of “Employment at Will”. According to the regulations of such, employers have the
power and right to change the terms of employment unless employees are covered by any of the
followings:
a. Provision of legal action for the employees and the workers covered by both state and federal
law
b. Collective Bargaining Agreement
c. Public Policy
Following examples are the overview of the public policy exception to employment at will:
A. Employers are prohibited from the process of dismissal of the employees who are found to
have claimed “workers compensation”.
B. Workers those were found to have reported legal transgression by their employers ought not
to be fired in any case

4RECRUITMENT SELECTION AND INDUCTION PROCESS
Question 2:
Define disparate impact and disparate treatment. How do they differ?
Answer:
Both of the terms i.e. disparate impact and disparate treatment are associated with
discriminatory practices in terms of employment. When certain policies, rules and practices
within an organization appear to be neutral or unbiased result in a lopsided impact on a protected
group, disparate impact occurs.
On the other hand, disparate treatment or differential treatment is considered when there
is an intentional discrimination in employment of the candidates in an organization. It happens
during the recruitment process. However, in most of the cases, it is based on the social or
external influences. These are highly discriminatory in senses.
Differences:
Both the terms differ on the basis of the practices in organizational level. However, the
basic difference lies on the intention. Disparate impact is often considered or identified to be
unintentional whereas disparate treatment or differential treatment is often considered to be
intentional. For instance, disparate impacts are observed on unintentional elimination of the
minority applicants that is disproportionate in nature. On the other hand, if the recruiters
intentionally eliminate a specific group or individual of candidates not based on qualification or
potency, it can be regarded as disparate treatment.

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Question 3:
Define job description and job specification and describe how they are used.
Answer:
Both job description and job analysis are the segments or categories of Job Analysis. Job
description constitutes of job title, job location, job summary, reporting person as well as
reported person, working condition, job duties and hazards. On the other hand, Job specification
constitutes of qualification, experience, training, skills, responsibilities, emotional characteristics
and sensory demands of the individual candidates who are approached for the job.
Job description can thus be defined as the inclusion of basic data associated with the job
in order to advertise a specific job ad its attributes. On the other hand, the definition of job
specification can thus be illustrated as the written statement of the employees pertaining to
education, qualification, skills, specific qualities, individual attributes and specific job related
qualities in terms of creating the satisfaction within an organization.
Followings are the use and purpose of job description and job specification (also known as
employee specification):
i. Job description is purposed to collect the data pertaining to the job in particular as it helps
attract and bring in the apt candidates into the scenario of the organization
ii. It is used to clarify the candidates about the job she or he is going to deployed at.
iii. It is also used to help the candidates report directly to the immediate senior personnel in the
organization
On the other hand the usage of job specification is observed in the following manner:
a. It is used to describe the analysis of the candidates in an organization
b. The profile of the candidates are also shortlisted through this

6RECRUITMENT SELECTION AND INDUCTION PROCESS
c. Job specification is actually used as a detailed information about a specific job inclusive of the
apparent and underlying responsibilities.
d. It also helps select the most apt and appropriate candidates who are expected to deliver their
best in the organization
e. It is also used as a devise to judge whether the candidates are stringently eligible or
employable in the organization for the particular post or designation
Question 4:
Compare and contrast replacement charts and succession planning?
Answer:
Before writing a comparison between replacement charts and succession planning, there
is a need to develop a succinct idea pertaining to the both. The prime objective of replacement
planning is to captivate the scope of upheaval stemming from the instantaneous loss of key job
incumbents. In this context, this has to be taken into certain consideration pertaining to the
effective consideration of the cases. As a matter of fact, this has to be taken into consideration
that the specific idea pertaining to replacement planning is to provide an important healing
situation in an organization. There has been a constant conflict between succession and
replacement as they both are the process of revamping of the older by a newer. In this context,
the relevance of the both has to be identified. Replacement planning is based on the unchanging
organizational chart of structure. In this context, this has to be taken into certain consideration
pertaining to the effective understanding of the cases, where the succession has to be taken into
certain consideration. In most of the cases, the replacement charts have three to four persons at

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backup for each of the immediate top level personnel. This has to be taken into certain
consideration pertaining to the effective understanding of the cases at its highest level.
On the other hand, succession planning has the orientation of developing the existing
personnel instead of replacing them with the newer ones. In this context, there is a possibility to
find out the specific understanding of the entire case that the existing employees have the
opportunity to improve at gradual level. In this context a solid training program and thorough
skill development program is introduced to the existing employees.
In the current scenario, most of the companies and their top management personnel are
observed to be going with process of succession planning. In this context, it has to be taken into
certain account that the process has been highly impactful for the understanding of the newer
candidates and their effective potency.
Question 5:
Discuss the different ways in which a firm deals with temporary employee surpluses:
Answer:
In the world of competition where most of the companies are found to be engaged in rat
race to hold a strong grip on the labor market to retrieve the most potential and skillful
employees for their organization, labor surplus stands in front as a potential hindrance.
However, standing in the new millennium it has been found that multi-skilled laborers have been
revamping most of the workers who have mono- dynamic working approach. In this context, it
has to be taken into consideration pertaining to the effective consideration of the cases that in
most of the effective business policies, this has to be highly important to control the labor

8RECRUITMENT SELECTION AND INDUCTION PROCESS
surplus. Following standardized processes can be undertaken by the companies or the firms to
deal with the problems rose due to labor surplus:
i. Through the implementation of a “hiring freeze” most of the companies can expect a certain
level of agitation emerged due to life situation of the employees. It has been observed or
identified that in most of the cases there has been a constant flow of the workers leaving the firm
during tenure or retiring after it. Without filling the positions left due to the departures of those
workers, the balanced attrition process is going to keep it all in equilibrium.
ii. Through the closure of outsourcing contracts the employers or the managers can create
corporate self reliance process. It would effectively rise on- site responsibilities raised due to
overburden of the workforce numbers. However, this strategy can only be implemented if the
workforce is identified as in- house workforce.
iii. One of the major processes that can be implemented through the process of the specific
understanding this has to be taken into certain consideration pertaining to the effective
understanding of the system. With the implementation of compulsory furlough system the firms
can reduce the burden of costs spent behind the labors. However, one needs to be careful while
forbidding FLSA exempt employees from performing work during the furlough.
iv. The fourth process can be performed through offering early retirement of buyout planning for
the senior workers. However, the company needs to be extremely careful that the least competent
workers are approached through this process so that the core operational process does not get
hindered.
v. The other options can be the reduction of per hour pay of the non- tenured workers. In this
case there is a high chance to put negative impact upon the moral of employment and workers’
pay.

9RECRUITMENT SELECTION AND INDUCTION PROCESS
vi. One of the most important and useful strategies is the layoff strategy. However it has to be
implemented on the basis of seniority level. This has to be taken into certain consideration
pertaining to the effective understanding that this has to be highly effective for the entire
understanding of the process.
Part II:
Question 1:
What is affirmative action? What is an affirmative action plan?
Answer:
Affirmative action is a set of action specifically intended to procedures highly oriented
with the results in terms of increasing the utilization of minorities and females at different yet
every level in the work force.
An affirmative action plan is the set of programs that include the assessment on the
availability of the relevant labor pool considering the composition of the workforce. It also
includes the measurement of internal auditing, and contractor’s progress towards achieving best
fitted workforce.

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Question 2:
Response to the CEO:
Answer:
Having gone through the websites of the given market, it can be stated that the process
has to be highly impactful as our website lack job specification and job description for the career
project of the candidates. The websites that were studied comprise of succinct description of the
salary and workplace culture by which the candidates can be well attracted. Hence, it can be
stated that a proper website can be designed with effective quality that has to be take into
consideration with effectiveness.
Question 3:
Part A
On analyzing the case, it can be stated that Ronn, a 53 year old RCM must file a
complaint based on age. During the reorganization of WDE, Ronn was intentionally not provided
with a promotion on the basis of his age. Ronn has worked for WDE as a RCM and he directly
reported to the VPRC. While reorganization of WDE, the regional offices were eliminated,
which resulted in the elimination of Ronn’s job. WDE introduced new CCS positions, which
required high level of skills and knowledge. However, during the entire process, Ronn’s direct
boss was not informed about the consideration of Ross for the particular job role. Ronn’s boss
could not believe that Ross had not been promoted as he did not find any reasons for not

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promoting Ross. Instead, the CCS positions were filled by people under the age of 40, which is a
prima facie case of disparate treatment.
Part B
In response to the claim of disparate treatment by Ronn, WDE denies all the allegations
based upon age discrimination imposed by Mr. Whyme. Mr. Whyme was not chosen for the CSS
job role on the basis of his skills and knowledge. Despite the new job role did not have any
specific formal job description, WDE did have proper knowledge of the kind of person required
to provide justice to the job role. Throughout the reorganization process, WDE has been focusing
on filling the job posts in order to ensure smooth running of the business. Several positions have
been eliminated in the past, which has earlier left several employees without a job. WDE did not
post an internal job listing as the organization wanted to hire best employees for the vacant job
posts. Therefore, the disparate treatment claim of Mr. Whyme is not justified enough.

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Reference:
Atkinson, J., & Storey, D. J. (Eds.). (2016). Employment, the small firm and the labour market.
Routledge.
Barocas, S., & Selbst, A. D. (2016). Big data's disparate impact.
bls.gov. (2017). bls.gov. Retrieved 24 October 2017, from
https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Dunn, W. N. (2015). Public policy analysis. Routledge.
Ehrenberg, R. G., & Smith, R. S. (2016). Modern labor economics: Theory and public policy.
Routledge.
Highhouse, S., Doverspike, D., & Guion, R. M. (2015). Essentials of personnel assessment and
selection. Routledge.
Katzenbach, J. R., & Smith, D. K. (2015). The wisdom of teams: Creating the high-performance
organization. Harvard Business Review Press.
Zimmer, M. J., & Sullivan, C. A. (2017). Cases and materials on employment discrimination.
Wolters Kluwer Law & Business.