Examining Adverse Impact

Resources

• Examining Adverse Impact Scoring Guide.
• APA Style and Format.
• Writing Feedback Tool.
• Four Fifths Rule Problem Example.

Overview

While planning for expansion, CapraTek is also concerned about its hiring and promotion practices at existing facilities. Management has asked for an analysis of the diversity situation in its flagship manufacturing facility. As part of the HR department, you know that CapraTek hires production workers at a semi-skilled level and after 1 year in their position, workers are eligible to apply for a 6-month training, after which they can be promoted to the skilled production worker level. (This promotion comes with a 25 percent pay increase.)

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

• Describe how hiring practices support an organization’s strategy.
  • Assess CapraTek’s hiring and promotion practices to support growth strategy.
• Analyze the impact of legal and regulatory issues on staffing management.
  • Analyze the data for evidence of adverse impact using the 4/5ths rule.
  • Analyze the data for evidence of adverse impact of employee utilization based on the relevant labor market.
  • Analyze the data for evidence of adverse impact with any protected class concentrated in lower-paying jobs.
• Communicate in a manner that is scholarly and professional.
  • Communicate in a manner that is scholarly and professional.

Assignment Description

Using what you know about CapraTek’s hiring and promotion practices above and the document Four Fifths Rule Problem Example, prepare a report with the following:

• Analyze the data for evidence of adverse impact using the 4/5ths rule. Consider the applicant flow.
• Analyze the data for evidence of adverse impact of employee utilization based on the relevant labor market.
• Analyze the data for evidence of adverse impact with any protected class concentrated in lower-paying jobs.
• Assess CapraTek’s hiring and promotion practices to support growth strategy.
• Communicate in a manner that is scholarly and professional.

Submission Requirements

Your report should meet the following requirements:

• Written communication: Written communication is thoughtful and free of errors that detract from the overall message.
• APA formatting: Resources and citations are formatted according to current APA style and formatting.
• Length of assignment: Four typed, double-spaced pages.
• Font and font size: Times New Roman, 12 point.
• Communication: Understand the audience and communicate professionally.

Refer to the Examining Adverse Impact Scoring Guide to ensure that you meet the grading criteria for this assignment.

Note: Your instructor may also use the Writing Feedback Tool to provide feedback on your writing. In the tool, click the linked resources for helpful writing information.

Assignment – Preparation

The Four-Fifths Rule – Adverse Impact

Use the Internet to read the Human Resource – Glossary of Human Resource Terms on the page 4/5ths Rule. This is a good definition that assesses adverse impact in an organization’s hiring and staffing practices. The rule states that adverse impact generally is considered to occur if the selection rate for a protected group is less than 80 percent (4/5ths) of the selection rate for the majority group or less than 80 percent of the group’s representation in the relevant labor market.

Review the document Four-Fifths Rule Problem Example. This example shows how a calculation can be done using the 4/5ths rule. Note: You will use this rule in this unit’s assignment.

Use your Recruiting, Interviewing, Selecting & Orienting New Employees e-book to read Chapter 6, “Interviewing and Legal Considerations,” pages 93–119. This reading provides an overview of the legal issues that are faced in hiring new employees. Exhibit 6-1 on pages 115–116 summarizes interview questions that are and are not recommended to ask candidates.

Use the Internet to complete the following:

• Read “Hire a Contractor or an Employee?” from SBA: U.S. small business administration and determine the answer to one of the first legal questions in the staffing process, “When is an employee an employee, or is the employee an independent contractor?”
• Read “Federal Recordkeeping Requirements: Who Is a ‘Job Applicant’?” from FindLaw to clarify who is a job applicant in the age of applying for jobs online.
• Review “Instructions for Employment Eligibility Verification” from Department of Homeland Security, U.S. Citizenship and Immigration Services for guidelines on completing the I-9 Employment Verification Form. The form and acceptable documents to establish identity are on pages 7–9.
• Review Section 4, “Information on Impact,” and Section 13, “Affirmative Action,” of the “Uniform Guidelines on Employee Selection Procedures” from Biddle Consulting Group. This compiles rules put together jointly by the Equal Employment Opportunity Commission, the Civil Service Commission, the Department of Labor, and the Department of Justice.
• Review “Equal Employment Opportunity: Employer Information Report EEO-1” from Joint Reporting Committee. This basic reporting document is filed by organizations with over 100 employees to the EEOC and the Office of Federal Contract Compliance. Review the form to become familiar with the reporting requirements.
• Read “HR-Guide to the Internet: EEO: Protected Classes” from HR-Guide.com. The EEO-1 form puts data into two categories, the first being protected class. The Civil Rights Act of 1964 forbids discrimination on the basis of race, color, national origin, sex, and religion. This guide is the basis for which classes are considered protected (by the law) and will clarify these terms. Pay particular attention to the definition of race (color).
• View “EEO-1 Job Classification Guide 2010” from U.S. Equal Employment Opportunity Commission. The second category on the EEO-1 form is that of job category. This guide provides examples of workers in each category, including executives and service workers.
• Read “Sample Sexual Harassment Policy” from South Dakota Department of Labor and Regulation. Sexual harassment in the work place is a large concern for organizations today and a strong policy to deal with this issue is needed.
• Read “Facts About Discrimination in Federal Government Employment Based on Marital Status, Political Affiliation, Status As a Parent, Sexual Orientation, and Gender Identity ” from U.S. Equal Employment Opportunity Commission.
• Read “The ADA: Your Employment Rights As an Individual With a Disability” from U.S. Equal Employment Opportunity Commission.
• Read “Questions and Answers: Religious Discrimination in the Workplace” from U.S. Equal Employment Opportunity Commission.
• Read O’Brien’s 2016 article, “Muslim Workers Leave Wisconsin Manufacturer Jobs in Prayer Dispute,” from Yahoo! News. This article provides an example of religious accommodation and raises the question of what is reasonable.
• Read “Age Discrimination” from U.S. Equal Employment Opportunity Commission. The Age Discrimination in Employment Act (ADEA) now covers almost all workers over the age of 40.

Complete the following:

• View the PowerPoint presentation Legal Issues, which summarizes issues impacting recruitment, selection, and the promotion of employees.
• Review the document Technology Notes for further understanding the legal environment when recruiting, hiring, retaining, and promoting employees.

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