- Write a 2-3 page Executive Summary analyzing the data from the CapraTek scenario, and formulate three recommendations that will contribute to a legally compliant workplace.
Among the myriad of job responsibilities, Human Resource Specialists are responsible for recruiting, screening, and interviewing applicants. Ensuring a legally compliant workplace requires a deep understanding of applicable laws and how they impact the policies and procedures of the organization.
When employees engage in improper workplace conduct, their employers are subject to liability. Not only can employers be held liable for employee torts, but they can also be held liable for other legal violations, such as discrimination. HR professionals need to be aware of these liabilities and help to educate employees about appropriate workplace conduct. Although HR can deal with many legal issues, one of the most often viewed is the recruiting, hiring and promotion areas. While the idea of unequal treatment of employees is well established and generally easily understood, the issue of Adverse Impact is often more difficult to understand. If all employees are given the same test, but one group is consistently hired at a lower rate than the majority group, this is called Adverse Impact. For example, males and females take a physical test, and 90% of males pass the test while only 20% of females pass the test. At this the point, the company must prove this test actually measures essential job functions (meaning the job cannot be done without the skill measured by this test). The courts have established the 4/5ths rule for this—so in this example we would used 4/5ths of 90% (72%) to establish Adverse Impact.(A similar analysis can also be done when looking at internal promotions and most any other "positive reward" structure). This assessment will allow you to explore this issue in some depth.
Tort: A private or civil wrong or injury, including action for bad faith breach of contract, for which the court will provide a remedy in the form of an action for damages.—Black's Law DictionaryReferences
Bennett-Alexander, D. D., & Hartman, L. P. (2019). Employment law for business (9th ed.). McGraw-Hill Irwin.
Garner, B. A. (Ed.). (2019). Black's Law Dictionary (11th ed.). Thomson Reuters.
Some assessments in this course are based on the CapraTek Workplace Discrimination simulation (see the second resource activity in Assessment 3 for more information). The assessments build on each other and must be completed in sequence.
This assessment is an authentic task you could be given as a Human Resource Specialist. Assume the role of an HR specialist at CapraTek. Your manager has tasked you with revamping hiring and promotional practices.
CapraTek combines almost 30 years of engineering experience with production that is continually achieving new efficiencies. The company is committed to living its values through initiatives that focus on development of human capital, commitment to being a good corporate neighbor, and support of green technology initiatives. Founded in 1984, CapraTek has been profitable every year since its inception.
CapraTek has production facilities and research centers in Silicon Valley, South Carolina, New Mexico, Illinois, and also serves as managing partner of a consortium with operations in India, Singapore, Taiwan, South Africa, and the Czech Republic. As the organization has grown, however, the management development has not always reflected best practices for promotions and hiring.
The newly enhanced HR Department has been revamped and expanded to deal with these management issues. While CapraTek has a strong anti-discrimination policy that appears to be effective, HR has identified a need to look at the question, “is this policy actually working?” While this question could be addressed in a number of ways, the first analysis will be to look at concentration statistics. CapraTek has a policy of promoting from within that encourages employees to develop their skills internally and move up the organization. Concentration statistics address the question, "is this policy working?" If this policy is working as intended, the percentage of employees at each organization level would be the same (30 percent females in plant management, supervisor positions and production workers). While there is no hard-and-fast rule to follow, the analysis will look at major differences.
CapraTek is an equal opportunity employer and hires without regard to sex, race, religion, color, national origin, ethnicity, military veteran status, gender identity or sexual preference. In addition, CapraTek believes in developing employees internally and moving them into new positions as they become available.
Begin your analysis by looking at the manufacturing facility with the following demographics. Use the Demographics Table [PDF] to view the information.
Write a 2–3 page Executive Summary for your manager.
You may wish to review general information on How to Write an Effective Executive Summary before beginning the assessment.
Address the following issues:
- Based on an analysis of the semi-skilled operatives, does CapraTek appear to be followings its mission statement? Explain your rationale.
- Based on an analysis of supervisory jobs, does CapraTek appear to be true to its goal of developing employees? Explain your rationale.
- Based on your analysis above, what legal action might CapraTek potentially face? Specifically, what laws might they be in danger of violating? Explain how the company would be violating this law.
- What three specific actions would you recommend management consider to deal with any potential issues? Justify your recommendations and discuss which of these would be a top priority to address.
- Additional Requirements
The deliverable for this assessment applies professional skills in Human Resources Management (HRM) to workplace situations which you will likely encounter in your day-to-day work in HRM. As part of your learning, we focus on the development of effective professional communication skills for the workplace.
- Length: Your Executive Summary should be 2–3 typed, double-spaced pages, including the resources page.
- Organization: Make sure that your assessment writing is well-organized, using headings and subheadings to organize content for the reader.
- Font and font size: Times New Roman, 12-point.
- Resources: Use two scholarly, peer-reviewed, or academic sources.
- Evidence: Support your assertions with data and in-text citations, and create a reference list at the end of your documents.
- APA formatting: Resources and in-text citations are formatted according to current APA style and formatting. Review the Evidence and APA section of the Writing Center for guidance.
- Written communication:
- Support recommendation with relevant and credible evidence.
- Write for a specific audience, using the vernacular of the profession.
- Use spell-check and other tools to ensure correct spelling and grammar.
You should consider adding this assessment to your personal ePortfolio. This assessment demonstrates your ability to analyze data for HR to support a legally compliant workplace. This skill is necessary in a professional setting when you are trying to make recommendations. You will want to organize your assessments to easily support future reflection and completion of your HRM capstone project as well as for showcasing your knowledge with employers after graduation. For more information on ePortfolio, visit the Campus ePortfolio page.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and scoring guide criteria:
- Competency 1: Analyze the makeup of a legally compliant workplace on organizational performance and productivity.
- Analyze the alignment of CapraTek data for semi-skilled workers with the mission statement.
- Analyze the CapraTek goal of employee development with the data for supervisory positions.
- Competency 2: Assess the nature of workplace legal action.
- Assess potential legal liability for hiring and promotional practices related to specific laws.
- Competency 4: Formulate action plans to implement management strategies to create a legally compliant workplace.
- Recommend three specific action steps to mitigate legal liability and prioritize implementation.
- Competency 5: Communicate in a manner that is professional and consistent with expectations for HR professionals.
- Support recommendation with relevant and credible evidence.