Research paper

Research paper - Running Head: LEGAL CONSIDERATIONS Legal...

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Running Head: LEGAL CONSIDERATIONS 1 Legal Considerations in Staffing Troy University Date: August 26, 2011 Abstract
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LEGAL CONSIDERATIONS 2 This paper will discuss the legal considerations that staffing departments go through and the problems that they endure. Though it is not an easy process all organizations have to start with staffing and therefore are at the forefront of most legal ramifications and lawsuits. The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Program (OFCCP) are just two of the many laws and regulations in place that organizations must follow in order to avoid these lawsuits. This paper will also focus on the consequences, damages, and what is being done to fix the situation that these organizations go through when dealing with lawsuits. Legal Considerations in Staffing
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LEGAL CONSIDERATIONS 3 Introduction Today’s society is filled with many views of how organizations should staff their companies in order to avoid legality issues and even potential lawsuits. Obeying the law is of course one of the most ethical choices than any organization can make. This can provide a specific mindset for incoming employees and let them know that the law is their top priority and their rights are protected. Most of the time, finding the best person for a position begins in the Human resources department. The problems that they tend to run into can cost an organization thousands of dollars if they do not follow the correct procedures. “Unlawful (discriminatory) employment practices are those that are unfairly discriminate against people with characteristics protected by the law.” (Phillips and Gully, 2011 pg. 49) There are many problems and solutions that will be discussed. Identify a problem of interest to you, the writer. A few of the problems that staffing departments run into can start when trying to hire someone for a position. The hiring process involves checking references and doing a credit report. An employee can file a claim even if they feel the workplace diversity is wrong. Family medical leave (FMLA) can be another issue amongst employees. When referring to the process of hiring and looking into background and references there are many variables that come into play. The employer needs to get the employees permission to get the information before anything can be done. If they attempt to get this information without permission then the employer is liable for any legal lawsuits that the employee files. This is considered an invasion of privacy and very illegal. (Woska, 2007) The FMLA can be a big problem for both parties involved. The employee needs to file the correct paperwork and both parties need to make sure that if follows the rules and regulations
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LEGAL CONSIDERATIONS 4 under the FMLA in order for it to be accepted and processed. This is extremely important for military families and deployments. In January of 2009, they updated this act for these families. In order to not lose your job and get the time off that one needs this is the route that one needs to
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Research paper - Running Head: LEGAL CONSIDERATIONS Legal...

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