Essay on "Human Resources Professional Can Be Responsible"

Essay 4 pages (1357 words) Sources: 3

[EXCERPT] . . . .

Human Resources professional can be responsible for many things. Some concentrate on different areas related to the profession such as benefits or training. Others must focus on the area of recruitment and hiring and this is important because the quality of people hired by a company has a lot to do with the success of the company. Although the hiring manager is usually the person that will make the final decision on who should be hired, the human resources person will be on the front line and responsible for selecting candidates whom they feel would be a good fit for what the hiring manager is looking for. They are usually the people who recruit the potential employee and they are usually the ones that perform the first round of interviews.

Often, it is difficult determine who the right person is for the job and many times, human resource professionals run into situations that require their immediate attention and action. Human resources staff must stay abreast of the federal regulations against discrimination with hiring and other employment issues. Situations are most certain to arise such as an employee on unpaid leave who suddenly expects to get paid for the time he was off. Or, or an older employee who has a decent work record and was denied a raise or promotion and is now contesting this. There may also be a situation where the company is being sued by a disabled person because he was not hired. These and many other situations can arise at any given time and it is up to the human resources staff to know the laws and what their options and recourses are.

The Family and Medical Leave Act of 1993 provides a specified amount of unpaid time off for employees for such things
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as the birth of a child, adoption of a child, or to care for a sick family member or parent for up to twelve weeks per year (Holmes, 2008). Not all employees are covered by FMLA. If a company has less than fifty employees, then this act does not apply. Workers whose place of employment allows for FMLA must have worked at least twelve months or 1,250 hours in order to be eligible. Under this act, the employee has the right to return to his job that he temporarily vacated at the same pay rate. The company must also reinstate the employee's full benefits upon return. If a situation arose where an employee has been employed with a corporation and has requested up to twelve weeks off to care for his wife who gave birth to twins prematurely, under the law he is eligible to take this leave. What he is not eligible for under the law is to be paid for the time he took off. The law specifically states this and it is the employee's responsibility to familiarize himself with the law.

Assuming a situation such as this was handled properly, it would mean that a member from the Human Resources staff took some time to meet with the employee to discuss the duration of his leave and that he could expect his same position and pay rate upon return. The fact that this leave is unpaid would have also been discussed. However, if this wasn't the case the employer still has the responsibility to know the details of this law for himself. In this case, the employee has no basis for his claim and if he tried to sue the company, based on the law he would lose.

Another issue that human resources departments deal with is the claim of age discrimination. Employees over the age of approximately forty sometimes feel that they are denied raises and promotions for no other reason than their age. Under the Age Discrimination in Employment of 1967, if this is found to be true, it is age discrimination and it is not legal (Drachsler, 2010). This act prohibits discrimination in hiring, promotions and wages. It also prohibits employers to list age specifications on job postings. Employers cannot deny benefits… READ MORE

Quoted Instructions for "Human Resources Professional Can Be Responsible" Assignment:

Introduction:

Human resource departments are responsible for effectively, legally, fairly, and consistently attempting to maximize an organization*****s return on its human capital investment while minimizing financial risk.

Given:

As director of human resources at Company X, a company with over 75 employees, you are charged with oversight of hiring and employment practices at the company, including compliance with federal regulations against discrimination in hiring and employment. You work with department managers to assist them in dealing with hiring and employment issues, and to ensure they are in compliance with pertinent federal law regarding the treatment of employees.

Three situations have come to the attention of the company*****s senior vice-president of operations, who has asked you to analyze each situation, and submit a report regarding whether certain federal acts may apply, or may have been violated, in each situation. The situations are as follows:

Situation A. Employee A has been with Company X for two years. Employee A*****'s spouse gave birth prematurely to twins. He requested leave to be with his spouse, which was granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and to be paid the withheld salary from his 11-week leave. The previous department manager left the company during Employee A*****s leave. The new manager has agreed to Employee A*****s return to the previous job, at the previous rate of pay. But the manager has denied the request for the 11 weeks of withheld salary.

Situation B. Employee B is 68 years old and has been with Company X for 42 years. During the annual performance review last month, it was determined that Employee B was doing *****above average***** work in the department. Employee B was denied a promotion due to age. A co-worker given the promotion, who is 32 years old, received a performance review of *****adequate.*****

Situation C. Applicant C requires the use of a wheelchair to move about due to paralysis of both legs. The position Applicant C applied for requires movement about the entire company offices, including using the elevator to access any of the seven floors in the headquarters building. In order for Applicant C to make use of the elevators, the key pads in two of the four elevator cars would have to be lowered four inches to be accessible. Applicant C was denied employment, and was told the denial was because his/her employment would cause

undue hardship on Company X.

Write an essay (suggested length of 4 pages) in which you:

A. Evaluate how the provisions of the Family and Medical Leave Act of 1993 apply to situation A.

1. Explain whether or not a violation has occurred in situation A.

B. Analyze situation B regarding the Age Discrimination in Employment Act of 1967.

1. Explain whether or not a violation has occurred in situation B.

C. Analyze situation C regarding the Americans with Disabilities Act of 1990.

1. Explain whether or not a violation has occurred in situation C.

D. Include all in-text citations and references in APA format.

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