...Case: 6:01-cv-00339-KKC-REW Doc #: 669 Filed: 03/01/10 Page: 1 of 17 - Page ID#: .,13376 ,,,:~™~ "' ^tt*** £0 m THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Plaintiff, v. WAL-MART STORES, INC. ) ) ) ) ) ) ) ) ) ) ) ) MAR - | 20tt) ATtnnw ^"^ CIVIL ACTION NO01-339-RICC Defendant CONSENT DECREE The United States Equal Employment Opportunity Commission (the XommissioiT or the "EEOC") commenced this action against Wal-Mart Stores, Inc. ("Wal-Mart") pursuant to Title VII of the Civil. Rights Act of 1964 and Title I of the Civil Rights Act of 1991 ("Title VII") to address allegations that Wal-Mart subjected a class of females to gender discrimination in hiring whenfillingopen orderfiller positions to Wal-Mart's Distribution Center No. 6097 ("DC 6097"), located in London, Kentucky. The Commission and Wal-Mart stipulate to the Court's jurisdiction over the parties. Further, the Commission and Wal-Mart desire to resolve Civil Action No. 01-339-KKC without the burden and expense of further litigation. As a result, and based on the pleadings and the record as a whole, the Court finds that: [i] the Court has jurisdiction over the parties and the subject matter of this action; [ii] the terms of this Decree are adequate, fair, reasonable, equitable and just; [hi] this Decree conforms with the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person; [iv] this rape ...
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...Hiring Dilemma By Vivian Jackson A company trying to get started in the evolving business industry, can easily lose sight of the goal by employing personnel that do not meet the qualifications and standards needed to make a bold move to the future. There are many exciting aspects to job hunting and there is an even bigger decision when hiring the right candidate for the position. The position requires substantial knowledge of the duties to be performed, a set of moral standards and definite fairness across the board. When hiring, nepotism should be eliminated and preferential treatment. All positions should be based on merit and honest qualifications. If the hiring process were to cater to the needs of those in desperate need, there will be many shortcomings that the organization would not be able to overcome. I have weighed the thought process of hiring because of a favor and would it be possible to truly appreciate the work ethics of someone you hired unethically. The entry-level position at VJ Productions entails significant dedication and attention to detail. The position will require the applicant fulfill all job descriptions and duties. There will be no additional training, the job will be fast paced and the necessity to implement task immediately. In all fairness to the position, there can be no favoritism or special preferential treatment. The moral high ground is the best choice for the job, the company and the fellow employee’s involved. Nevertheless...
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...Literature Review #2: Hiring/Firing decisions Genser, E. (2013). Hiring leaders. Leadership Excellence, 30(1), 19. Retrieved from: ABI/INFORM Complete. doi: 1270910265 Annotation Elaina Genser describes the precise method in which to accurately hire a good leader. While conducting a search employers must meet with the internal recruiter and construct a thorough job description. A simple application method is essential in order to receive maximum applications. The employer should acquire as many applicants and then narrow the candidates through the screening of resumes and references. Employers should not only interview external candidates, but should also approach qualified internal candidates. Promotion within the company saves money on the interview and training process that comes with new hires. When making a final decision for recruitment a successful evaluation is made by reaching a consensus and following protocol. Personal Reflection The first step the author advises is to meet with the company’s internal recruiter and discuss the position. Once a consensus is reached on the hiring requirements, a thorough job description should be introduced allowing suitable candidates to apply. I agree with this technique because it allows the applicant to decide whether they can fulfill the needs of the position. The executive must distinguish the leadership competencies that the company needs; and a candidate should be anticipated to follow the company’s succession...
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...Ethics and Opinions of Preferential Hiring Business Ethics March 24, 2014 2014 Winter Term Introduction & Definitions Since the 1960s and 70s, the U.S. (as well as other European countries) have tried to employ policies and programs to increase employment and educational opportunities for minorities and women. The policies differ in approach and opinion. The lesser of the policies is passive nondiscrimination. It is when a company or educational institution takes into account only the applicant’s ability, and doesn’t take race or sex into consideration. This policy is also called equal opportunity, and is not controversial. It only requires employers to not unjustly discriminate. (Lane, 2010) Moving past the passive approach is affirmative action. This is defined as an activity that is aimed at securing a more equal workplace. It goes beyond passive nondiscrimination, but doesn’t alter the standards or qualifications for applicants. (Claire Andre, 2005) One way a company can engage in affirmative action is to increase the applicant pool for open positions with the intent to diversify. Though this policy is more active than the passive nondiscrimination, the theory is that the most qualified candidate will get the position, so moral and ethical controversy is limited. A method beyond affirmative action, and the one I want to discuss in this paper, is preferential treatment, or hiring. This type of policy changes the job standards in an effort to hire...
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...USEK | Case: Hiring the educated – A new approach to staffing the automobile factory | Human Resource Management – A strategic Approach | Assaf Ramy – Saad Elissar 11/28/2012 | Introduction This article explains how the automobile industry changed from being dominated by less educated workers to the highly educated workers over the years; it also explains the reasons that made this change occur through studying the staffing process of Ford and Chrysler. The main reasons for this change are four: * Skilled craftsmen are replaced by high-tech machines which needed educated employees to run them instead of increasing the training costs by keeping the uneducated and training them. * Team-based management became a necessity in these factories; the factories needed more educated workers because they are more able to supervise themselves * The nature of the work is changing which requires more educated workers especially in to help with fixing any arising production problem. * Competition is changing since all the automobile factories are on the worldwide market and they needed qualified workers in order to compete with each other. In this case, we also see how Chrysler started its process from high schools and how Ford created a new selection system. Question 1: What do you think Ford’s overall strategic perspective is? How well does its new selection system support this strategy? Ford is looking for better educated employees to staff their...
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...1. Introduction Philadelphia—the first Hollywood film to acknowledge HIV and homosexuality stars Tome Hanks in 1993. This film shows discrimination in hiring and firing, which are disability and sexual orientation. Discrimination exists in all places, at all times, not just in Canada. Even so, people still feel confused about the bounds of hiring and firing. The definition of this phenomenon is the different treatment of two equally qualified individuals on account of their age, gender and so on. In order to protect the rights of employees, governments establish laws and regulations to restrain employers’ behaviors. At the same time, moral standards can be a looser and more elastic limitation and judgments on people’s actions. To simplify, laws are clear rules written on paper, but moral standards are not clear and depend on different people. So, what is the boundary of employment? My answer is that law is the basic standard, and moral is the justice, and whether there are discriminations or not should be measured both sides—the employees’ and employers’. 2. Kinds of Discriminations Age discrimination One of the global issues is the rapidly aging population. There will be 77.3 million people with a life expectancy of 83 years, which is an estimate by the U.S. Disease Control Center 2010, for the first wave of baby-boomer generation from 1946 to 1964. At the same time, people are working longer than before, because people are living a healthier and better...
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...Abstract This paper will discuss the legality requirement when hiring. The U.S. Department of Labor provides several laws and acts that protect potential new hires from unethical hiring practices. The interpretation of the laws provides their own advantages and disadvantages. Hiring Legalities Introduction When looking to fill positions, whether a promotion or a new hire, employers must list the qualifications and the job requirements. This saves the employer and the prospective employee time. Another factor in hiring that must be considered are the legislative laws that are currently in place. Developing an Effective Job Requisition. Developing effective job descriptions helps employers to articulate the responsibilities and requirement of the job/s that they are trying to fill. An effective job description also serves as the benchmark to tell employees if they are a fit for the job in question. Furthermore, it helps employees to understand the boundaries of the expected performance from the potential employee. Ultimately, the goal of an effective job description is to hire the top candidate based on their skills, education and experience (Heatherfield, 2013). When employers are putting together a job description certain steps must be followed. The first that must be followed is to perform a job analysis. A job analysis will enable hiring managers to collect data that can include, job responsibilities of current employees, financial...
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...Angel Helm Liberty University Discussion Board Forum 2 BUSI: 642 Response to DB 2 the Hiring Process While the recruiting process varies by industry, company and even department, the end result is the same: One person out of many receives an offer (Needleman 2010). As illustrated in Stephanie’s post the hiring process can be a lengthy process. Companies take several steps in determining factors that constitute bringing on a new employees. In my own personal experience, the hiring process for my last two positions were very different, but both were created to remedy a problem that exist in a specific department. In the first position, the company which normally promoted from within, realized that not enough qualified or willing participants were available to fill these specific roles. The company decided the best way to fix this problem was to post to the position to the public, and began the hiring process externally. As the discussion post describe, the recruitment process began with the position was made available to external candidates. As the applicants were preselected, they were contact via email to partake in a telephone interview. The telephone interview greatly reduces the number of steps in the recruitment process, ensuring faster recruitment for the open position. Telephone interviews are now common practice among many companies. This tool of the hiring process is very efficient in cost savings, and allows the human resources department to pre-screen more...
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...The Best Way to Hire The best way to approach hiring new employees is to first have a thorough understanding of the position you need to fill. Often times an organization hires an individual based simply on the technical requirements of a position. While on the surface this may seem to have been the best approach, organizations find that the new employee is unable to settle into the position because of personality conflicts and they eventually terminate the employee or find that the employee voluntarily leaves. Technical requirements should not be the only consideration when hiring a new employee. The hiring leader needs to also consider the work environment and the personalities and working relationships of the existing employees. The hiring leader needs to ensure the person they are considering not only possess the technical skills required to do the job but also that the person has the personality or leadership skills required to quickly assimilate into the department and become a contributing team member. Hiring a new employee can be a very simple process depending on an organization’s needs. If you are hiring to fill a high turnover type of position, then ensuring the person is technically qualified may be enough. However if you are looking to hire a quality long term employee, more consideration must be given to how well the potential candidate will fit in with the organizations other employees. There is no magic trick to assessing an individual’s personality...
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...Human Resource Management Assignment 2.2 Research paper topic Job hiring process When looking for a job it can be confusing and even downright puzzling at times. It is hard trying to apply for a job that you don’t know what the title means or even if you’re qualified for, thus bringing a mountain of frustration and even a sense of anger. Sometimes the hardest part of the whole job searching process is when you have to answer specific questions about yourself to a total stranger who is essentially judging you for the job opening. Lastly, waiting for the results of your interview with either a job offer or not can be nerve racking. This can be an agonizing experience for the applicant, but also a more stressful one for the company and person conducting the pre application phase, the advertising phase, the application phase, the preparing of interview and qualification phase, the interview phase, the verification phase, and extending offer phase. This is all part of the application process for most companies and jobs of most Human Resource departments when trying to fill a job void. For many different reasons, a company could need to fill vacancies and the best way to do that is through the application process. When a company needs to fill an employment void, the company must first engage in a pre application phase. Normally companies have a human resource (HR) department that handles this whole process in the direction of senior leadership throughout the company. The HR...
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...Hiring a Hacker A hacker, as related to security consulting, is “someone who accesses a computer system by circumventing its security system”. (Wikipedia) This report will take a look at both the pro’s and con’s of hiring such a person as a security consultant for a business. Over the years there have been countless heated debates as to whether or not doing such would be considered ethical. One of the pro’s of hiring a former hacker to work as a security consultant is that they know all of the tricks of the trade. They have studied and paid great attention to many different techniques and how to apply them to reach the goals set forth to get the job done. Because they were at one time in that mindset, they know what other hackers would be doing and thinking in order to try to breech the companies’ security. (Posey, Brien) Another plus of hiring a hacker is that many of them will work for a substantially less salary than will someone who went to college and paid a pretty penny for their education. Hackers seem to truly love what they do; it can sometimes be considered an addiction. Usually money is not the key motivating factor for hardcore hackers. (Shinder, Deb) There are a couple of negatives when hiring a former hacker as a security consultant. The most obvious negative factor of course is the issue of trust. Of course this may be considered an opinion, but it is a major decision to make when owning a successful business. Many things could potentially be breeched...
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...Safe Hiring How can you avoid bad hiring in the corporate world? In this reaction paper I will integrate the different approached of safe hiring in order to know the level of significance to have sufficient and reliable employees and also to prevent future predicaments in the selection and recruitment process. In some companies because of the urgent hiring’s due to diversification of the globalization their recruitment and selection process is somehow profane that they rush the most important and relevant purpose of having a valuable asset of the companies which are the employees. Here are some important factors to have a valid and acceptable applicant/s in the employment recruitment process: first and foremost it is the responsibility of Human Resource Representative or any personnel that will interview and accept the application forms of the applicants to be thoroughly checked and to know how to hire in the first place. How to hire in the first place? This chronological idea of having a safe hiring is very prominent now a days that is why the first thing to actually acknowledge is the importance of “why do they hire and how?” this phrase is important because this will be one of your bases in hiring a good and satisfied applicant that relates to the job description and job specification in the selection and recruitment process. Second are the rules and strategies on how to collect a clear and complete data of the applicants. Here are some tips and guidelines in...
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...Hiring and Firing Daniel Bates BUSI 501 Dr. Phillip E. Jackson February 4, 2012 Hiring and Firing Introduction Hiring and firing encompasses the function of Human Resource Management (HRM). HRM is the overarching administration of a Human Resources (HR) department. In large organizations, a dedicated department will handle HR issues; but in a small organization, one or two staff members handle HR in addition to their other duties. The HR planning process consists of the activities required for staffing and sustaining an organization (Satterlee, 2009, p. 200). HR personnel have various aspects of administrative policies they must be knowledgeable about. They must understand non-discriminatory job applications, right to job security policies, non-compete agreements, and work for hire laws. Three Important Concepts Concept 1: Non-Compete Agreements A non-compete agreement is essentially a contract in which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer). The use of such agreements is premised on the possibility that upon an employee’s termination or resignation, they might begin working for a competitor or start a business, and gain competitive advantage by abusing confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists,...
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...sincerely enjoy it; I thrive in an environment where no two work days are exactly the same. In addition to being flexible and responsive, I’m also a fanatic for details – particularly when it comes to presentation and execution. One of my recent projects involved implementing a human resource online solution, NeoGov, with an existing SAP system. In particular, I worked to bridge the technological generational gap that would allow new company procedures and policies to move forward. Through the creation of elearning experiences, video demonstrations, highly detailed instructional manuals and training seminars, my team was able to implement the NeoGov system across over 40 departments county-wide. (The result? Human Resources decreased their hiring time from 120 days to 60 days!) I believe in applying this same level of attention to detail to tasks as visible as prepping the materials for a top-level meeting and as mundane as making sure the copier never runs out of paper. Last but certainly not least, I want you to know that I’m a passionate designer who enjoys working in a space between interactive and communication design. I believe that everything is interconnected and nothing is without context and complexity. As a design practitioner, I strive to understand those connections and create products, services, and spaces for a more...
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...remaining one step ahead of the security administrators of the organization. As peer-to-peer network enable the individual’s computer and files to share among millions of other people across the world, it increases the chances of hacking the system. Some hackers even try to expose the computers to virus and worms. Moreover these persons sometimes specially design worms to distribute in peer-to-peer networks only. The worst can be that a computer cannot be 100% hacker proof but the person concerned can reduce the chances of the attack if any. The employees can regularly have a check on the companies’ secret data by scanning the right newsgroups and mailing lists. As our company wants to more safe and secure against any kind of hacking, hiring a ‘white collar’ hacker will be good decision. But the company has to craft entirely new security policy for the employees and the stakeholders. The best place to look for such a trustworthy person is within the company ranks. It will be more favorable if a group of employees are entitled for this job. Moreover, to have a check on them a team leader can also be positioned. Background checks can also be conducted to see how the hired ones are working. We can say that Information security is a mindset as it is one of the essential factors for any organization. This is due to the fact that if the information which is important may fall into the hands of unknown access, then this kind of breach of security can be disastrous. Information security...
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