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Michelle Schmid
Any business no matter how large or small must set up policies and practices for
hiring employees within the confines of the law. The two main enforcement bodies for
Commission (EEOC) and the U.S. Department of Labor (DOL). The EEOC enforces
employment laws for employees in both private and public workplaces while the DOL
has broad enforcement power and oversees compliance with many employment related
laws (Mathis et al., 2014). One of the important functions of human resources
management is ensure that workforce planning and employment activities are compliant
with applicable federal laws and regulations (Mathis, Jackson, Valentine, 2014).
Workforce planning starts with work flow design and job analysis to get detailed
information to assign jobs based on specific tasks. By having a clear understanding what
each job requires an employer can create a job description for each job and therefore base
their hiring requirements appropriately and avoid any discriminatory practices based on
application that asks for relevant information based on the job. For example, if a person is
applying for a job with a police department then questions referencing credit reports and
criminal history is relevant. In the case of veterinary medicine, it is also reasonable for an
application and has asked them to come in for an interview then it is the responsibility of
the HR manager to understand what questions (see Appendix A for a list of some
questions to avoid) can and cannot be asked based on protected characteristics (see
Once an employer hires an employee the employer must have the employee fill
out an W-4 and an I-9. The employer is also required to register you with the state’s new
hire notification system to allow the state to collect for child support. An employee
handbook should also be given to new employee so that they know what is expected of
them, information on benefits, such as, medical, vacation and sick time, and disciplinary
actions. All employers are also required to ensure that each employee works in an
between employer and employee, either may end the employment relationship at any
time for any reason. Therefore, it is important that a company develop a standardized and
clear and concise disciplinary process. Managers and supervisors are vital to the HR
department in handling these types of issues, and in order to be efficient they need to
have training in all aspects of HR from the hiring to firing and everything in between so
References
Mathis, R.L., Jackson, J.H., Valentine, S.R. (2014) Human Resource Management. (14th
April 3, 2017. Applications: Legal Issues: What commonly asked questions should not be
qa/pages/applicationslegalissueswhatcommonlyaskedquestionsshouldnotbeonane
mploymentapplication.aspx
LEGAL EMPLOYMENT PRACTICES 5
Appendix A
Interview Questions
unless the state requires a minimum age for employment for certain occupations
experience and training received. An employee can ask about dates of service,
duties performed, rank during service at time of discharge, pay during service,
States and inform the applicant that proof of eligibility must be provided if
Appendix B
Protected Characteristics
Age
Color
Disability
Genetic information
Marital status
Military status or experience
National origin
Pregnancy
Race
Religion
Sexual orientation