Powerpoint Presentation on Employment Law Asianna Johnson.docx

Powerpoint Presentation on Employment Law
Asianna Johnson
Dr. Bobby Barrett
Business Employment Law
1/26/2020
Introduction to Employment Law
Employment law is concerned with employees employer
relationship.
It is includes workplace contracts, statutes and common law.
Concepts of employment is applicable to all business with more
than two employees today (Dovidio & Ikizer, 2019).
Employment law is usually made up by both states and federal
laws.
Employment laws are concerned with the common goal of
protecting the rights of the workers.
The laws are intended to limit and prevent discriminations,
promote safety and employees health, highlight the minimum
economic support level as well as ensuring that there is reduced
work disruption (Dovidio & Ikizer, 2019) .
The employment law is usually concerned with the relationship
that exists between the employer and the employees a usually
include work place contracts, statutes as well as common law
(Dovidio & Ikizer, 2019). . The employment law is very crucial
for all human resource managers as it gives very insightful
information for all human resources managers in the issues that
concerns employment, training and firing.

The main issue is usually protecting employee and their rights.
It usually consists collections of other rules and basically is
concerned with employee employer relationship. Employment
law usually guides on when an employment is required to hire
as well as when an employee is required to work and highlights
on the kind of remuneration that that an employer as well as
other working conditions (Dovidio & Ikizer, 2019).
2
Employment Law cont….
An example of federal support that support employment law
includes 1964 civil rights.
The act provides that employees should not be discriminated
against race, religion, color, nation of origin as well as sex.
The other act is the fair labor standards act (FLSA).
The act was established during the great depression as a result
of long working hours, unjust pay as well as harsh working
condition (Dovidio & Ikizer, 2019) .
The act led to the establishment of the minimum hourly wage as
well as laws prohibiting child labor.
Under the US constitution, protection of employee is guided by
a number of laws (Dovidio & Ikizer, 2019). One of this
protections is guided by the 1964 civil rights acts which was
enacted with the aim of ensuring that there is no discrimination
in the places of work in terms of race, religion, color, nation of
originality and even on sex basis. The lac came at a time when
the US employee were highly discriminated and it was meant to
end all form of discrimination in the work places (Dovidio &
Ikizer, 2019). The Fair labor standard or FLSA is a another law
that protects employees and was enacted at the period of great

depression where employees were subjected to harsh working
condition which included, long working hours, very unjust
payments as well as harsh working conditions. It is through this
act that the government come up with minimum wage rate.
Other employment benefits that comes with the employment law
includes workplace safety, worker health coverage, social
security, family leave as well as unemployment benefits among
others.
3
Employees Employer Relationship
Employment relationship is a widely used legal notion all over
the world and refers to the mutual relationship that exists
between an employee and the employer.
It is through the employment relationship that leads to rights
and obligations between employers and employees.
It is only through better relationship that workers are able to
access the benefits and rights that comes with employment
(Taylor, Emir, 2019).
The ultimate success of any organizations entirely relies on
better employee employer relationship .
A strong relations have been identified to improve employees
productivity, enhance their efficiency as well as reducing
working conflicts.
Today, employment relationship is a very a common and widely
used notion through out the world and usually refers or denotes
the mutual relationship that exists between employees and their
employers Taylor, Emir, 2019).
. The relationship should always Is required to be a mutual one
where there is respect. The employer has an obligation of
ensuring that the employee is happy and comfortable in the
workplace. Through this the employee becomes productive and
thus leading to positive results Taylor, Emir, 2019).

4
Employees Employer Relationship cont.…
One way through which employees and employers enhance
better working relationship is through promoting better
dialogues and communications.
Better and open dialogue is very important in enhancing
relations of employees .
Also, it is very important for employers and employees to come
up with better discussions to enhance trust.
It also makes it possible for employees to share their grievances
and resolve any conflicts.
Better communication makes it easier for employees to express
themselves and this makes the issues known to the management
for actions.
Asking questions and clarification of ideas is also very key for
enhancing mutual relationship.
Being transparency is also another way of enhancing better
relationships.
Ensuring that better dialogues exists between employees and
employer is one way that ensures that there is better working
relationship between employees and employers. It is through
this discussion that employees and employer are able to gain
trust from each other. Better relationships are also very key in
ensuring that employees are able to effectively share their
grievances and this ensures there is easy conflict resolutions in
the work places.
With better communication, employees are able to effectively
express themselves and thus making their issues known to the
management for action easily. Through offering platforms for
employees to ask questions and seek clarification of instructions

and ideas also helps much in creating mutual relationships.
Employers and employees are also required to be transparency
in their dealing as this is key to ensuring that there is mutual
and better relationships.
5
Employees Employer Relationship cont.…
Among other discussions involves issues that relate to better
working conditions, better payments and compensations,
discriminations in the employment, employee benefits as well as
safety and health issues in the employments Taylor, Emir,
2019).
With better discussion between employees and employers it
easier to come up with better relationships that have mutual
benefits to both the employees and employers.
Employee employer relationship is also affected by issues that
relates to better payments, compensation, discrimination in the
workplace , employees benefits as well as health and safety
issues. Better dialogue are required to exits between employees
and employer as this is the only way through which the issues
can be solved better (Taylor, Emir, 2019).
Better discussions are key in creating better mutual
understanding and relationship that benefits both the employees
and the employer.
6
Employment Discrimination
Employment discrimination refers to a situation where
employees are treated differently due to existence of protected
class such as gender, race, religion or even sexual orientation
among others (McCutcheon, 2014).
Discriminations usually affects worker when it comes to hiring,

promotions, firing, job assignments, salaries, trainings and
benefits among others.
Today any form of discrimination in work place is illegal in the
USA.
The most common work place discrimination in the USA today
includes discrimination based on race, disability, age as well as
sex.
Employment discriminations refers to treatment of employees
differently and according to the protected class in which they
belong. Some of the protected class includes gender, race,
religion as well as according to sexual orientation among
others. ( McCutcheon, 2014). Discrimination of any type has
been known to affect workers negatively. Discrimination is
known to happen in the hiring process, promotion, firing, job
assessment, salaries and in training benefits among others
(McCutcheon, 2014). The US government today prohibits any
form of discrimination and this has been effective in ensuring
that employees are protected from any form of workplace
discrimination. Among the common form of discrimination that
exists in the US today includes discrimination on the bases of
race, disability, age as well as sex (McCutcheon, 2014).
7
Employment Discrimination Cont.…
In most cases discrimination starts from the recruitment
process.
The US government has come up with a numbers of laws which
protects individuals from discrimination. Which include;
Civil right act 1964-protects against race, religion, nation of
origin, religion as well as color (McCutcheon, 2014).
Equal pay act of 1963- protects against discrimination that is

based on sex-based wages.
Age discrimination in employment (ADEA) act which protects
individual above 40 years from discrimination.
(McCutcheon, 2014).
Discrimination in most cases starts from the recruitment process
where the advertisements usually discriminate against certain
groups or individuals The government has come up with a
number of laws and regulation that all are aimed at reducing
discrimination. The laws include Civil right act 1964-protects
against race, religion, nation of origin, religion as well as color.
Equal pay act of 1963- protects against discrimination that is
based on sex-based wages.
Age discrimination in employment (ADEA) act which protects
individual above 40 years from discrimination
8
Employment Discrimination Cont.…
Employment discrimination have been identified to have a
number of effects which range from physical to mental.
Some of the mental effects of discrimination includes loss of
self control, depression as well as mental disorders
(McCutcheon, 2014).
Discrimination also have been identified to also affect the
working environment.
Leads to loss of focus in employees
Affects productivity negatively
Organizations should therefore aim at ensuring that there is no
form of discrimination as this will improve employees
productivity (McCutcheon, 2014).

The effects of discrimination ha been known to be far reaching
and range form physical to mental. Employee who have been
discriminated against are known to develop mental disorders,
depression and even loss their self control in the workplace
(McCutcheon, 2014). Discrimination leads to poor working
culture as it leads to loss of focus in employees as well as other
counter productive behaviors such as failing to complete tasks
on time, arriving work late and leaving early
(McCutcheon, 2014). It is very important for organizations to
ensure that all forms of discrimination in the workplace are
discouraged at all means if they aim at succeeding.
9
Types of Discrimination
Direct Discrimination
Also called disparate
It occurs when an individual is treated in an unfavorably
manner just because the individual belong to a certain
protected class such a certain color, religion or even race.
Usually based on certain stereotypes.
The stereotypes leads to unfair assumptions and treatment.
Direct discrimination is usually obvious and intentional
(McCutcheon, 2014).
Discrimination in the workplaces exists in a number of ways
and is likely to differ from one organization the other
(McCutcheon, 2014). There are various form of discrimination
that exists. Although different forms of discrimination exists all
have negative effects to employees. Direct discrimination is one
type of discrimination (McCutcheon, 2014). Direct

discrimination occurs when an individual is treated in an
unfavorably manner just because the individual belong to a
certain protected class such a certain color, religion or even
race. Direct discrimination is based on certain stereotypes that
relates certain abilities and qualities to certain protected classes
(McCutcheon, 2014). Due to those stereotypes about the
protected groups it leads to untrue as well as unfair assumptions
on the ability of a certain group and consequently
discrimination sets in (McCutcheon, 2014).
10
Indirect Discrimination
Also called disparate discrimination
It occurs when a policy or other imposed conditions which has a
side effect or certain disadvantages to certain protected group.
A single treatment leads to negative effects to an individual or
group due to the group or individual characteristics.
Example is implementing a hiring procedure that discriminates
women or a minority group.
Indirect discrimination is another form of discrimination that
exists in the workplace today. Usually occurs when a policy or
other imposed conditions which has a side effect or certain
disadvantages to certain protected group. It usually occurs in a
way where all individual are treated in the same way but the
treatment has a negative effect to certain individual due to there
protection characteristics (McCutcheon, 2014). A good
example when a company implements hiring procedures which
are put to screen women or any other minority groups and thus
creating a negative impact to the groups such as indirect racial,
religion as well as sexual discrimination.

11
Reverse Discrimination
Refers to a type of discrimination that discriminates certain
members of a majority or dominant group and usually favors
certain members of a minority group that was disadvantaged
(McCutcheon, 2014).
The disadvantaged group may include groups discriminated due
to certain disabilities, status of their families , religion, race as
well as sex (McCutcheon, 2014).
Aim is to revert a historical mistreatment to the group.
It therefore aims to redress a previous social inequalities and
thus remove the discrimination from the minor group.
Reverse discrimination exists when certain members of a
majority group favors members of a minority group that is been
disadvantaged. The disadvantaged group may include groups
discriminated due to certain disabilities, status of their families
, religion, race as well as sex. The main aim of reverse
discrimination is mainly to correct past historical mistreatment
to a less disadvantaged group (McCutcheon, 2014). This form of
discrimination aims to correct a historical social injustice to a
group.
12
Countering Discrimination
Discrimination in workplace is a leading cause reduced
employees morale, increase employees' conflict as well as
reduced employees turnover.

Incase a case is reported of possible discrimination of
employees, this may cause a nightmare to an organization as it
is against the federal laws.
Organizations should therefore ensure that there is no form of
discrimination that exists in the organization (McCutcheon,
2014).
According to the US government no employee should be
discriminated against.
Organizations needs to come up with measures that needs to be
put in place in order to reduce discrimination.
Discrimination brings division in work places and leads to
reduced morale, increases conflicts as well as reducing
employees turnover. Discrimination can lead to severe
consequences to any organization and thus it can be a nightmare
to the organization. It is very important for organization to
ensure that proper measures are put in place that addresses the
issue of discrimination. The US government prohibits any form
of discrimination and thus it can attract severe penalties to any
organization. Antidiscrimination measures therefore should be
put in place to ensure that discrimination is curbed and thus
reducing it to zero.
13
One of the ways to counter discrimination is coming up with
anti-Discrimination Policies.
Highlights prohibited behaviors as well as accrued penalties
Organizations should also state that it will not retaliate in
taking actions against any individual reported to discriminate
(Taylor, Emir, 2019).
Anti-discrimination training should also be done for both new
as well as current employees.

Amongst the many ways that can be put in place in countering
discrimination, producing antidiscrimination policy is one of
the effective ways that can be used to counter discrimination. It
is therefore very important for organizations to come up with
policies that prohibits discrimination and clearly highlight the
behaviors that are prohibited and highlight all the penalties that
accrue to all those employees violates the anti-discrimination
policies (Taylor, Emir, 2019). To ensure that the battle against
discrimination is won, organizations needs to emphasize and
ensure that there will be no retaliation in taking strict actions to
all members involved in discrimination practices. It is also very
important for organizations to come up with anti-discrimination
training for all new as well as recurrent members in order to
ensure that all members are aware of the type of discrimination
that exists and how to report or deal with it.
14
Anti-discriminating campaigns are very important as it makes
all employees aware of all discrimination practices and how
they should be reported
Employees also need to be trained about the federal laws that
ban discrimination in workplaces as well as the penalties that
are accrued (Vladeck, & Peres, 2000).
Enhancing and ensuring there is better avenues for reporting
discrimination
Another way of countering discrimination is ensuring to carry
out antidiscrimination campaigns. This form of campaigns are
vey important in ensuring that employees are aware of their
rights when it comes to discrimination as well ways of reporting

any incidences of discrimination (Vladeck, & Peres, 2000).
Training on federal law that prohibit discrimination is also very
important as it makes employees aware that they are protected
by the land laws and this ensures that they are able to air their
voices incase they experience discrimination in their places of
work. Organizations also need to ensure that there are better
ways and avenues that should be used to report all
discrimination practices as this would encourage employees to
report discrimination.
15
Establishment of employee's anti-discrimination groups.
They are very effective in dealing with discrimination-easy
reporting of incidents ( Dovido & Lkizer, 2019)
Finally organizations should ensure that they promote cultural
diversity as this reduces chances of discrimination.
Cultural diversity enhances inclusivity and reduces
discrimination.
Another very effective way of countering discrimination is
through establishment of employees anti-discrimination groups
should also help in curbing discrimination in work places. Anti-
discrimination groups are able to come up with even very small
amount of discrimination that happens in the workplace as it is
easy for other employees to report discriminating practices
(Dovidio & Ikizer, 2019) . Finally organizations should ensure
that they promote cultural diversity as this reduces chances of
discrimination as it enhances inclusivity in the work place.
16
Conclusion

Discrimination is always against the modern society
fundamental values.
The consequences of discrimination are severe to both the
organizations and individuals.
Through not using stereotype and not judging individuals on the
basis of how they look individuals and organization can
eliminate discrimination (Vladeck, & Peres, 2000) .
We should all discourage discrimination as it is selfish
The eras of discrimination are long gone, and discrimination
ought not to be found in the modern society as it is against the
moral values. The consequences of discrimination are also far
reaching and leads to negative impacts to both organizations
and individuals. It is very important for the modern society to
do away with the deceiving stereotypes as this only judges
individual on their looks and beliefs which is not like (Vladeck,
& Peres, 2000). Discrimination is selfish and thus should be
discouraged at all means.
17
References
3. When and Why Is Discrimination Wrong? (2017). Humanity
without Dignity, 113-174. doi:10.4159/9780674977440-005
Dovidio, J., & Ikizer, E. (2019). Discrimination. Psychology.
doi:10.1093/obo/9780199828340-0233
McCutcheon, K. D. (2014). Discrimination. Encyclopedia of
Social Work. doi:10.1093/acrefore/9780199975839.013.897
Taylor, S., & Emir, A. (2019). 1. The rise of employment
law. Employment Law, 3-23.
doi:10.1093/he/9780198806752.003.0001
Vladeck, S. C., & Peres, R. (2000). Dealing with Employment
Discrimination. Industrial and Labor Relations Review, 32(4),
562. doi:10.2307/2522979

Read the following scenario and refer to it when you complete
the weekly assignments:
· Week 1: Business vs. IT Strategy Presentation
· Week 2: System Recommendation
· Week 3: Measurable Values
· Week 4: Strategic Sourcing Plan
· Week 5: SWOT Analysis
· Week 6: ROI Calculation and Business Case
Phoenix Fine Electronics (PFE) is a medium or mid-sized
company but growing rapidly each year selling technology
products to retail consumers. They have an annual revenue of
$15 million in sales. PFE started with one store but has grown
to 25 stores and has expanded into a second state.
PFE has one store in a town with a population of 100,000, and
three stores in towns with populations exceeding 200,000. The
goal of the company is to continue expansion into an additional
3 neighboring states within the next 5 years. PFE wants to
utilize the same population numbers to determine the number of
stores it should open. It would also like a marketing firm to do
an analysis of each town that meets the population criteria to
determine the best cites in which to open new stores.
Each store employs a store manager and an IT manager who
both directly report to the Chief Executive Officer (CEO).
The current IT plan for each store is to utilize technology to
support the store; increase sales; track inventory; secure store
customer data; perform payroll; and report all sales, inventory,
and payroll data to the main office. The IT manager is
responsible for managing the IT systems, making decisions on
what technology and software are needed, and implementing the

systems while ensuring accurate reporting to the main office.
The store manager is responsible for all staffing, inventory, and
sales functions within the store.
With expansion and the acquisition of smaller independent
stores, the CEO is worried about how department and customer
data can be aggregated to allow the company to make better,
timely business decisions. Even with such a wide footprint the
company must ensure unique, outstanding customer service and
provide value to the consumer base. The CEO lacks IT
experience and has been hesitant to adopt the suggestions of the
store and IT managers, which is to give the company an online
presence and advance the company into national competition
with other consumer electronics stores.
The CEO hired a Chief Financial Officer (CFO) and Chief
Information Officer/Chief Technology Officer (CIO/CTO). The
CFO will oversee the company finances for the expansion. The
CIO/CTO will oversee the consolidation of the disparate
systems and technologies that exist between the stores,
streamline the information gathering and reporting to the main
office, and develop an online presence that will catapult the
company into a competitive position on a national level.
Your job is to help the new CIO/CTO move PFE toward the
future.
Running Head: Employment Law and Hiring Process
Employment Law and Hiring Process

Asianna Johnson
Dr. Bob Barrett
2/17/2020
Briefly explain your overall understanding of conducting
employee background checks. Why are they done? Why are they
important?
Employees are the most important individuals of an
organization, basically they are a representation of the
company. Therefore, it is important to keenly make the choice
of the person who will be working for the organization. At the
same background checks are mostly confused to be a criminal
history check, yes, it is part of the background check but it not
the entirety of a background check. A background check
consists of more aspects than only a background check; through
a background check one will be able to find the best candidate
by looking at the employment and education history, criminal
record reference and civil records among other aspects that
might be considered to be important. But at the same time, it is
important to understand that all the parts that will be checked
should be balanced so that the background check should not be
biased or the company misses acritical piece of information and
hire the wrong person. A background check will help the
company stay safe during a criminal history check and makes

sure that the applicants actually are qualified for the position,
by checking their education and employment verification (Miles
2020).
Therefore, such background checks, are important because when
making personnel decisions; such as retention, hiring,
reassignment and promotion the backgrounds of the employees
need to be considered before assigning an individual any
position. Whereby mainly the most checked items include; the
use of social media, criminal record, financial history, work
history, education history and medical history will help the
employee to careful get the best fit candidate of the position
that needs the personnel. Therefore, a background check is
important to help in choosing the right person; but at the same
time, it is important to understand some aspects that need to be
adhered when checking the backgrounds of prospective
employees. The background checks are used to make an
employment decision; regardless of how the information was
found it’s important that the information is used in compliance
with the federal rules so that employees an applicant can be
protected from discrimination. The most important aspects to
consider include; color, race national origin, sex, religion
disability or genetic information. Additionally, running
background checks through a company that is accredited to od
background checks, the background check should be in line with
the Fair.
Identify and discuss at least two (2) types of background checks
you believe most organizations conduct and explain how you
will ensure the types you select are properly administered in the
company.
There are various backgrounds conducted by different
companies; but the most crucial one which is also the popular
one would be the criminal background check, among that have
been mentioned before. And as mentioned before a background
check basically helps the employer to confirm a clean record of
a prospective employee at the same time checking upon their
level of truthful and honesty which basically helps the company

to get the right person. Also, as mentioned before background
checks should follow particular rules and regulation to protect
the applicants and employees from various factors other than
discrimination is the most common aspect.
A criminal background is one of the background checks that are
undertaken by companies, or hired companies. This background
looks into the prior criminal activity of an applicant as
requested by the person or an applicant. Most of the times
criminal background checks are mainly undertaken to establish
whether a prospective employee would pose a threat to the
workplace, or the customers; which might create the workplace
unsafe. This type of background check consists of various
record searches, such as; county criminal courts, national
criminal databases, sex offender’s registry and maybe domestic
and global terrorists watch lists. It is important also to
understand what the state laws permit employers to run as
different states have different regulations when it comes to
background checks (Miles, 2020).
The other background check is education verification, this is
because graduated is not the same as attended. But the only way
one can establish the accuracy of a candidate’s claims is
through an education verification check. Also known as
academic verification is basically done to deny or confirm the
level of education of the applicant and maybe the place of
study. The Fair Labor Standards Act (FLS) clearly spells out
that some applied positions that at times are classified as
Exempt require employees to conduct a specialized or advance
education. in the case that FLSA does not approve of the
exemption, the company should be able to prove that the
employee holds appropriate credentials.
Additionally, as mentioned before; Fair Credit Reporting Act
(FCRA), also governs the way such background checks should
be conducted or in other words regulates the use of
investigative consumer reports, consumer credit reports and this
applies to when a third party (not the company in charge of
background checks) conducts a background check as instructed

by the employer. This act clearly spells out that the candidate
should be properly notified with full disclosure that there will
be a background check conducted on them; before the company
request a background check on the applicants.
List and describe at least five (5) employee drug testing
procedures you should ensure in order to comply with state drug
testing laws. How would you ensure adherence to the
procedures?
There are various procedures that are used in drug testing for
employees; mainly drug is used to ensure that employees stay
clean during their tenure with the company. Especially if at
times the employees interact directly with customers. Drug tests
are simply the test of detecting chemical traces of specific drugs
in various bodily fluids which make up the common procedures
for drug; but only two of them that are mostly used. Again,
some states only allow a number of tests to be conducted and
not all of them, whereby Urine is the most commonly used fluid
or specimen for illicit drug tests and breathe is the most
common for alcohol; which are along the Substance Abuse and
Mental Health Services Administration SAMHSA’s guidelines
for drug testing (Holler & Levine, 2019).
Urine: the results from a urine test may show the presence or
absence of a drug substance known as metabolites. Metabolites
can be described as drug residue that remain after the drug has
worn after being used. It is very crucial to understand that a
positive drug test does not imply that the individual was under
the influence ta the moment; but detects the use of the drug on
previous days before the drug test. The drug test is not preferred
for alcohol test as alcohol passes through the system rapidly. A
perfect way to comply to state laws is that employees should be
provided with urine collection points; which are then tested and
resulted handed back to them, only and no one else.
Breath: mostly common in alcohol test to find out how much
alcohol is no the blood at the moment. The results are given in
Blood Alcohol Concentration (BAC) after the individual

breathes into the breath-alcohol device. The main rule is that
the result should not exceed 0.08 especially for driving as this
is the standard level in all states. The DOT regulation son the
hand stipulates that a BAC of 0.02 is enough to hinder
someone’s performance in a safety sensitive task. Whereby a
BAC higher than 0.04 is considered to be positive drug test and
the employee be removed from any safety-sensitive operations,
especially in return to duty process. This procedure is straight
forward and there no any complications that would require any
regulations to ensure the procedure is properly done (Holler &
Levine, 2019).
Blood: measures amounts of drugs and most of the time alcohol,
specifically at the time of the test. This procedure is accurate as
blood samples provide the specific measure of drug in the blood
at the moment the samples are withdrawn. This procedure is not
recommended as it is possible if there is a short grace period
before all drugs traces are deposited in the urine. The blood test
comes in handy maybe during an accident and one tries to
establish if the cause of the accident was intoxication. The only
way to make sure this is done properly is through ensuring
sterilization of equipment/ new equipment are used to avoid
infecting the employees with new infections.
Hair: hair gives the test a much longer period to test for drugs;
but again, is not the most common procedure used. Which a
drug history that dates as far as previous 90 days. This gives
specific use of drugs in the past and not like blood that covers
for current impairments. Hair testing is less invasive therefore
there are no issues of privacy as compared to blood and urine
drug testing.
Oral Fluids: mostly saliva but other fluids can be used that
come from the mouth; which can help detect traces of alcohol or
drugs. These specimens ae easy to collect (a swab in the inner
cheek), whereby it is better as it is hard to adulterate and makes
it easier to detect specific drugs; i.e. marijuana, cocaine; this
method is fairly preferred in determining the immediate use if
drug substances. Whereby as the other procedures this is

specifically regulations free as there are no privacy issues, and
the collection is straight forward.
Briefly discuss your understanding of bona fide occupational
qualification (BFOQ), affirmative action preferences, and
promotions. Then, identify at least three (3) actions you would
take to avoid employment law issues with these topics. Be
specific.
Bona fide occupational qualification (BFOQ); can be described
as attributes or qualities that an organization or employers are
given the preference to consider especially in retention or hiring
of employees (Cavico & Mujtaba, 2016). Affirmative action
preferences on the hand, is considered to be a remedy in the
workplace that is aimed at preventing further discrimination
against particular groups; and this is done through policies,
procedures and programs that work for minorities in the
workplace. These preferences may include women in job hiring.
Promotion on the other hand mainly involves the aspect of a
company deciding to place an employee at a higher rank, or job
position than the previous one; because of the tremendous
performance of the employee.
Employee law issues have been common in the workplace;
therefore, it is important to make sure that you have the
processes in place when hiring. The first one is performing a
job analysis; this is part of the process meant to design the
HRM department to take on legal challenges. The next point is
documenting the hiring process, which will provide any relevant
evidence needed. And finally conduct regular evaluations, but
also make sure the valuations are honest. This is because no
laws directly govern the employee evaluation process (Kelly
2015).
References
Cavico, F. J., & Mujtaba, B. G. (2016). The bona fide
occupational qualification (bfoq) defense in employment
discrimination: A narrow and limited justification

exception. Journal of Business Studies Quarterly, 7(4), 15.
Holler, J., & Levine, B. (2019). Confirmation Methods for
SAMHSA Drugs and Other Commonly Abused Drugs.
In Critical Issues in Alcohol and Drugs of Abuse Testing (pp.
189-206). Academic Press.
Health and Human Services (HHS) Mandatory Guidelines by
SAMHSA. Retrieved (2/1/2020) from
https://www.samhsa.gov/workplace/resources
HR Challenge: 3 Tips for Avoiding Employment Law Issues by
Kelly Painter 2015. Retrieved from (1/2/2020)
https://www.eskill.com/blog/avoid-employment-law-issues/
Miles, D. (2020). The importance of background
checks. Campus Security Report, 16(9), 1-8.

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