PROCEDURAL JUSTICE & ETHICS IN EMPLOYEE RELATIONS 8
ProceduralJustice & Ethics in Employee Relations
FourMethods of Job Analysis
Observationmethod is simple to use and provide firsthand information. The methodis suitable for verifying information from other sources. It can beused in psychomotor tasks and manual tasks.
Observationmethod is time-consuming and uses small sample size. It requiresskilled observer and not useful for mental tasks. Validity andreliability can be problematic when using this method(Baker &Doran, 2007).
Themethod can yield data concerning psychomotor and cognitive processesthat are difficult to observe. Interview method works best for jobswith a lengthy career cycles. Qualitative data may be examined bythis process, and compulsory describes work.
Itis hard to combine information from different interviews through thismethod. The process requires experienced interviewer as well aswell-designed questions. The collected data is subjective and requireverification. Interview process may provoke extraneous data(Budd,2005).
Thedata collected through this method is comprehensive and superior todata gathered through observation method. Technical conference methodis suitable for small and medium enterprises for competence andexpertise.
Themethod is time-consuming. Small and medium enterprises may sometimeshave trouble in breaking job into tasks as well as describing thosetasks. Differences in opinion should be resolved to achieveconsensus(Baker & Doran, 2007).
Themethod is relatively less expensive and does not need trainedinterviewer. Data collected through this process is standardized andcan reach many workers.
Itis hard to construct a questionnaire and may have minimal responserate. Sometimes responses can be incomplete and difficult tointerpret (Budd, 2005).
SouthernTelephone Company’s claims for not admitting Linda for the positionof a telephone repairman are not varied. Linda being a female doesnot mean she can wear a tool belt weighing about 20 Ibs and climb atelephone post. The company should have tried her and prove whethershe can manage it. The qualifications for this job do not in any waydiscriminate women or disqualify them. The job of telephone repairrequires skills in related fields like electrical servicing,electronics, or computer networking. A phone technician must be ableto install, repair, and test communications, as well as datacommunications systems(Budd, 2005).
Telephonetechnician should have: methodical approach, attention to details,practical & technical skills, good communication skills, goodproblem-solving skills, a sound level of fitness, excellent customercare techniques, color-normal vision to differentiate electricalwires, and ability to read cabling plans, technical drawings, andcircuit diagrams. If Linda has most of these qualifications, thenSouthern Telephone Company should not disqualify her for thisjob(Baker & Doran, 2007).
Thelegal theory of the Title VII disparate effect claim is used todetermine whether defendant or plaintiff will prevail in the lawsuitinvolving employment discrimination. It is consists of three-partscrutiny. First, an employee need to prove and identify that aparticular work practice cause a different impact based on color,race, nationality, sex, or religion. An employee must make this claimwhile showing off the causation through providing statisticalevidence that an employer can challenge. In case, employer provesthat the statistical evidence presented is unreliable then theemployee fails to meet the burden of proving adverse impact.Therefore, the case can be dismissed at this stage. However, if thestatistical evidence proves that this challenged practice hadapparent adverse impact on protected individuals, then the employeehas attained his or her primary burden(Budd, 2005).
Second,if an employee proves a disparate impact, then the focus change tothe company and the company must prove that the practice in challengeis in line with job in question, as well as consistent with the“business necessity”. The term “business necessity” in thiscontext means that this challenged practice relate to employment inquestion therefore, the employers have a right to maintain thispractice despite the disparate impact(Guerin &DelPo, 2011).
Third,even when a company demonstrates business necessity, an employee mayprevail by proving the failure of a company to adopt alternativeemployment practice, which would have met the same objectives andhave less adverse impact. In a similar term, this is to mean thatpretext would be revealed if an employee proves that other selectiondevices without same undesirable effect would serve an employergenuine interest in efficient workmanship. In conclusion, for anorganization to effectively defend against the claim of Title VIIdisparate impact, it must prove that the practice in challenge isconsistent with the “business necessity,” and there was noalternative way with smaller adverse impact to attain the legitimatebusiness purpose(Goldman, 2006).
Assessmentcenter is a process that offer alternative to process of traditionalpromotional examination. It is a crucial tool in a selection process.However, this method is not for all people, and the method is notfinal solution to problems related to examinations.
Properlyplanned and administered
Manypeople prefer assessment centers because they are more dependablethan traditional examination methods in evaluating managerial,supervisory, as well as administrative potential. Materials used inan evaluation center may be directly related to job that a candidateis being evaluated.
Themethod is highly adjustable to various assignments and positions.
Assessmentcenters can be established for community service officers, juvenileofficers, dispatchers, jailers, detectives, and all police ranks.
Ina case of a challenge, it is easy to defend assessment center
Assessmentcenters involve thorough job analysis for positions of whichcandidates are being evaluated as well as proper guidelines(Goldman,2006).
Theyare very costly compared to traditional methods.
Anagency may spend about $2,000 for every candidate to implement anassessment center. Assessment centers are very time-consuming andlabor-intensive
Itis hard to administer assessment centers, and most things may gowrong.
Incase someone decides to use professional testing agency to manageassessment center, he or she may be relieved many problems related toassessment centers.
Therole players can fail to come up or can play their roles badly.
Sometimescameras may break down as a result thus losing vital parts of aprocess(Guerin &DelPo, 2011).
Underpublic-policy exception, an employee is unlawfully discharged whentermination is against a firm public policy of a state. For instance,in the majority of states an employer is not allowed to terminate aworker because of filing employee’s compensation claim aftergetting injured while working time. Although an agreement does notgovern employment contract, an ex-employer can make written or oralrepresentations to workers concerning job procedures or security thatcan be followed in case adverse employment activities are taken. Theexamples of public policy exception, which some states haverecognized includes: the case of Petermanvs. International Brotherhood of Teamstersoccurred in 1959 in California State, the case of Toussaintvs. Blue Cross & Blue Shield of Michiganthat Supreme Court of Michigan decided in 1980, and the case of PineRiver State Bank vs. Mettilee,that was decided by Minnesota Supreme Court(Mathis & Jackson,2009).
Baker,J. R., & Doran, M. S. (2007). Humanresource management: A problem-solving approach linked to ISLLCstandards.Lanham, Md: Rowman & Littlefield Education.
Budd,J. W. (2005). Theethics of human resources and industrial relations.Champaign, IL: Labor and Employment Relations Association, Universityof Illinois at Urbana-Champaign.
Goldman,A. L. (2006). Labor and employment law in the United States. Boston:Kluwer Law International.
Guerin,L., & DelPo, A. (2011). Theessential guide to federal employment laws.Berkeley, CA: Nolo.
Mathis,R. L., & Jackson, J. H. (2009). Humanresource management essential perspectives.Australia: South-Western Cengage Learning.