Describe the three (3) major laws that comprise the legal basis for affirmative action plans in the workplace
Laws that affect human resources management are categorized in to; equal employment opportunity laws, laws that affect benefits and pay, and other general employment laws. The equal employment opportunity laws include Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, The Americans with Disabilities Act (ADA), The Rehabilitation Act, The Vietnam Era Veterans' Readjustment Assistance Act of 1974, Executive Order 11246, The Equal Pay Act of 1963, The Age Discrimination in Employment Act (ADEA), Harassment law, and State Equal Employment Laws (Legal Issues, 2005).
Laws Affecting Benefits and Pay include; The Employee Retirement and Income Security Act of 1974 (ERISA), The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), The Fair Labor Standards Act (FLSA), and State regulations. Other Employment Laws include; The Immigration Reform and Control Act (IRCA), The Family and Medical Leave Act of 1993 (FMLA), Posting Requirements, Reporting Obligations, the Occupational Safety and Health Act (OSHA), National Labor Relations Act, and Workers Compensation (Legal Issues, 2005).
The laws that comprise legal basis for affirmative action plans in the workplace include the rehabilitation act which is vibrant in prohibiting the employer discrimination against individuals that have any disability in the hiring process. This law allows any affirmative action against employers who discriminate against those with disabilities.
According to Archives.gov (2010) the Executive orders 11246 concern federal contractor that contract from executive branch agency or department above $10000 for a period of one year. The contractors are ordered to have a clear affirmative action plan that is written and must be updated annually (The Federal Register). They are expected to give the minority groups a chance for employment. It seeks to address issues that discriminate against race, national origin, color, sex, and religion.
The Immigration Reform and Control Act (IRCA) ensure that all those with a legal right to be employed are employed and thus eliminating illegal aliens. The employer is also required to develop an affirmative action plan that is in compliance with the state regulations (Legal Issues, 2005).
Purpose of an affirmative action plan (AAP) and Basic elements of an AAP
An Affirmative Action Plan is a guide that leads the employer so that there are equal employment chances for all who are qualified. It seeks to address the plight of gender and the minority groups that may not be considered in the hiring (Guidelines for Preparing Affirmative Action Plans). It is designed to show how individuals are affected by the human resource actions and compares the past and present employees to the ones the company can have and the steps to involve all employees equally. Basic elements include; organizational chart, job groups, available analysis, placement goals, discrimination analysis, action plans, and any ongoing analysis (Oyler, 2006).
Fully discuss five (5) key practices in selecting employees, describing the benefits of each in selecting the best-qualified candidates and in maintaining compliance with legal rules.
When the employer is selecting employees there are certain values that must be observed so that all parties benefit while all rules and regulations are observed. Key factors to consider in selecting employees include; the cost of selecting them, the period of time in supporting the employees, experience, specialty, and services to be offered (Arvey, & Renz, 1992). In hiring the employer may use different kinds of evaluation for the right candidate i.e. oral interviews, aptitude tests, questionnaires, letters of recommendation, or practicals in the job this will give all individuals a chance in proving their ability.
In establishing cost in the selection process then the employer defines all the costs involved to get the right candidate within the limited expenses. The costs will guarantee that all many of the qualified individuals get to know and apply to have equal opportunity. Costs will be calculated as those incurred in the selection process and also those incurred to hire the employee for the services (Arvey, & Renz, 1992).
When dealing with specialty then the employees must be seen to have knowledge in the said duties either academically or professionally, the employee must be able to fulfill all the requirements needed to be appointed to the job which the employee is advertising. In terms of experience the employer should not discriminate those who are qualified and do not have experience but give them a chance to prove their ability (DSCS, 2010). Experience as a practice will be based on the duties of the employee in that the employee must find the employee able to satisfy the criteria for selection and most importantly deliver according to the contract of employment.
The period of time in supporting the employees is also crucial since many workers will benefit from such schemes while trying to adjust to the new environment. The orientation phase for the employee determines that s/he gets to understand the workplace in a short time and should be practiced by the employer so that the employee adopts easily. The employer must also analyze the quality and types of services provided by the employee and establish the value for money being paid for the hire. All these practices must be in line with the legal framework in the country or state of employer and the employers must provide the key terms of employment before the employee takes office where the agreement must be mutually understood and agreed by both the employee and employer (Arvey, & Renz, 1992).