Recruitment and Hiring Term Paper Example | Topics and Well Written Essays - 1250 words

Recruitment and Hiring - Term Paper ExampleThis is a positive development, for otherwise, important private information will be subject to misuse and exploitation. The rest of this strive will outline key laws, regulations and principles for recruiters to mull over as they discharge their duties in the HRM department. It is common cause for employers to scrutinize past behavior of a potential employee and make sure that the latter is not devoted to criminal or other disruptive behavior. (Connerley, et. al., 2001, p.73) But conducting background checks on prospective employees is wrought with risk. prior employers are also caught in a quagmire for the risk of eliciting a defamation suit from dissatisfied precedent employees. Hence, employers should make sure that they abstain from giving false or defamatory democracyment regarding their former employees. Other criteria that could lead to a defamation claim are an unprivileged publication to a third society fault amounting at le ast to negligence on the part of the publisher and either action-ability of the statement irrespective of special harm or the existence of special harm caused by the publication. (Long, 1997, p.190) Hence, in order to adopt with state and federal laws, careful avoidance of defamation of former employees is crucial. The Civil Rights Act of 1964 is the foundation for groundbreaking corporate defamation laws. It lays out the limits and expectations of the legal relationship between workers and their managers, especially Title VII of the Act. The courts and state legislatures, having identified that the employees are the ones holding upper hand in defamation suits have promulgated statutory reforms in recent years. It is perhaps a measure of these reforms that in an effort to increase the free transposition of references, at least twenty-six states now try some type of statutory immunity for employers when they provide a reference. Prior to 1995, only five states had such laws. (Lon g, 1997, p.190) Hence it is important for employers to ensure no dissimilarity exists, either in the form of racism, sexism or ageism in the hiring process. It is also important that the tests for selection and approximation are standardized in order to prevent claims of arbitrary and / or discriminatory hiring practices. (Fuss & Snowden, 2004, p.54) Disparate intervention and Disparate Impact are two theories under Title VII of the United States Civil Rights Act. Together, they were intend to prohibit discriminatory actions on part of employers toward racial, sexual or class minorities. The theory of Disparate sermon first came into judicial discourse in the Griggs v. Duke Power Co. During and after this case, the term business necessity became profound to deciding such cases. If business managers treat minorities in a disparate manner in the absence seizure of compelling business needs, then their action can be construed as discriminatory and in ravishment of provisions under Title VII. In all disparate treatment cases, whether the issue is the truth or falsity of the employers reason for its action, or the co-existence of legitimate and illegitimate motives, whether the plaintiff puts on direct or critical evidence, or both, the issue at the liability stage is simply whether the plaintiff has shown, by a prevalence of the evidence, that discrimination was a motivating factor in the employment decision. (Drachsler, 2005, p.230) The Civil Rights Act of 1991,