2 Analyzing Human Resource Compliance at Capra Tek Lorena Gibson Capella University
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Analyzing Human Resource Compliance at Capra Tek
Lorena Gibson
Capella University Doctors Business Administration FP
DB-FP8410 Addressing Problems in Human Resources and Compliance
Dr. Jacqueline McCoy
December 27, 2024
Proposed Preventative Measure to Avoid Legal Liabilities
Capra Tek has several employee complaints related to wage disparities based on gender, racial discrimination, and sexual harassment. Capra Tek faces challenges in the hiring process, and I will also recommend measures to avoid possible legal actions. My analysis and recommendations will show facts from the complaint letter using the U.S. Federal Laws and Regulations, identifying the associated laws and regulations and the process Capra Tek will need to implement and ensure that they comply. I will give my findings on the claims and propose measures to prevent future complaints of this nature.
Literature Review
The issue Capra Tek and many other businesses face in the hiring and recruitment process are eliminating biases; for instance, if a job requires much heavy lifting, an interviewer could see a female candidate and feel she will not be able to do the job because males have more muscular upper body strength. This bias can be considered gender discrimination. Gender discrimination violates the Civil Rights Act of 1964 (). Oberg Research surveyed gender discrimination and sexual harassment with the purpose of intervention (Vanderbilt,2024). The survey was a construct to allow both closed and open-ended responses. The survey was issued using SurveyMonkey. The survey included 29 questions pool of 440 participants, 48% of the participants, 2% identified as men, and 21% (Figure 2).
When asked if the participants had experienced gender discrimination or sexual harassment, 49% said yes, they have, and someone they know has. The survey’s goal was to get insight into sexual harassment and misconduct on and off campus. When asked about being a victim, the results from participants equal 29%. By email, women are treated differently from men in the workplace and are often placed into lower-paying jobs (Levanon & Grusky, 2016). 28% of the participants answered yes, and they have, with only 11% of the participants answering no to experiencing gender discrimination. The survey asked about the location of the discrimination, and 41% of participants answered workplace and campus. Subsequently, Vanderbilt University used an outside entity to conduct a survey on Sexual misconduct in 2019. The survey was administered by Webstat via email to 12,201, and only 4,018 students responded. The problem with these surveys and analysis is that they can be misleading, inaccurate, or distorted Workplace harassment is different from discrimination. Discrimination is the unfair or prejudiced treatment of a group of people based on age, sex, race, or gender (APA). Workplace harassment includes derogatory jokes, ethnic or racial slurs, offensive pictures, gestures, graffiti, name-calling, intimidation, threats, and interference with work activities.
Workplace harassment negatively affects the workplace because it affects employees’ mental health and job performance; detrimental effects on individual health and workplace productivity (Figure 1) show the path linking workplace exposure to discrimination and harassment (Krieger1994, Krieger, et al., 2008). Harassment and discrimination damage the organization, creating a hostile environment and causing employee turnover. Harassment, sexual or otherwise, and discrimination are illegal and lead to potential pecuniary loss due to legal costs; this affects the company’s bottom line (IMD).
Legal and Regulatory Landscape
Operating under legal and regulatory frameworks is crucial to the company because it provides structure and guidance. Discrimination Laws and regulations in the hiring process are fundamental because Title VII of the Civil Rights Act of 1964 prohibits discrimination based on age, race, religion, sex, or natural origin (U.S. EEOC). The other law affecting the hiring process is The Americans with Disability Act of 1990 (Flynn-Summerville 2005), which guarantees equal opportunities for people with disabilities. The Fair Labor Act (FLSA) deals with wages and employee standards. Also, the Age Discrimination in Employment Act of 1967 protects employees aged 40 and over. This law promotes employment of older people based on their ability, not their age, and prohibits age discrimination in employment (EEOC). The complaint filed by Mona Simms shows violations of several of these laws.
Ensuring Compliance
To ensure Capra Tek complies with the legal and regulatory landscape, the organization must educate everyone on the laws and regulations with training and documentation. Make sure the management team applies policies and consistently follows them. Continue to stay up with new or updated employment laws and regulations. There are some hurdles the company will face, such as economic conditions and social concerns. The company can also need help navigating legal and regulatory frameworks due to rules set by different jurisdictions. The company must make sure that its vision is in line with the directives. Maintaining quality employee and employer relationships. Hiring, recruiting, and complaint Human Resources Management plays a key role; however, one of the biggest challenges is Bias in hiring and overlooking the onboarding process. Unconcise biases influence the decision to hire due to inadvertently discriminating or intentionally discriminating. Human resources and recruiters are the backbone of the company. Hiring the best talent to manage in this area is essential. Supervisors and Area Managers are also essential. There also must be more oversight on-site, not remotely.
Conclusion and Recommendation
I have concluded that Capra Tek wage disparities, gender-based discrimination, sexual harassment, and racial discrimination are due to poor oversight and management, along with poor training on employment laws and regulations. The company must implement preventative measures to avoid legal liability. Ensure all members of management are knowledgeable about the state laws and regulations and comply with them. There must be more managers to oversee the company on-site. Training is required for all employees, including shareholders. The harassment policies must be enforced, and the violators must be punished. To alleviate potential litigations, investigate every complaint immediately and ensure no retaliations. The complaint had several Federal laws, regulations, and ethical implications.
Americans Disability with Act
Age Discrimination in Employment Act (ADEA)of 1967
Equal Pay Act of 1963
Lilly Ledbetter Act of 2009
The Civil Rights Act of 1964 is based on sex, gender, race, religion, pregnancy, sexual orientation, and national origin.
I recommend training on these laws and continuing to ensure updated laws that are not mentioned are also trained. Noncompliance with U.S. federal laws or regulations can harm the company and its employees. The company could incur significant lawsuits, settlements, employee turnover, Brand damage, and health issues from stress, causing loss of production and loss of morale throughout the company.
References
Adedokun, A., (2024). Global AI Regulatory Landscape Challenges, Trends, and Future Outlook SSRN: https://ssrn.com/abstract=4855369 or http://dx.doi.org/10.2139/ssrn.4855369
Carr, P. L., Ash, A. S., Friedman, R. H., Szalacha, L., Barnett, R. C., Palepu, A., & Moskowitz, M. M. (2000). Faculty perceptions of gender discrimination and sexual harassment in academic medicine. Annals of Internal Medicine, 132(11), 889–896. https://doi.org/10.7326/0003-4819-132-11-200006060-00007
Cherry, T, Kartchner, H. (2022). National Council on Public History Report on Data Analysis of the Sexual Harassment in the Public Field https://ncph.org/news/report-on-gdsh-in-public- history/
Flynn-Somerville, K. (2005). The Qualified Professional with a Disability in Public Education: Responsive Strategies to Accommodation Dilemmas through Analysis of the Americans with Disabilities Act and Narrative Portrayals. http://d-scholarship.pitt.edu/6363/1/kflynn- somerville2005.pdf
Gunn Elisabeth Birkelund, Bram Lancee, Edvard Nergård Larsen, Javier G Pola Vieja, Jonas Radl, Ruta Yemane, Gender Discrimination in Hiring: Evidence from a Cross-National Harmonized Field Experiment, _
Schneider, S., Rentzsch, K., & Schütz, A. (2022). The gender pay gap is smaller in occupations with a higher ratio of men: Evidence from a national panel study. PLoS One, 17(7), e0270343.Sociological Review, Volume 38, Issue 3, June 2022, Pages 337–354, https://doi.org/10.1093/esr/jcab043
IMD (2024), What is discrimination in the workplace? And what to do about it. https://www.imd.org/blog/management/discrimination-inthe-workplace/
Kelley,K., Clark,B. Brown, V.Sitzia, J. (2003). Good Practice in the conduct and reporting of survey research
Levanon A., Grusky, D. B. (2016). The persistence of extreme gender segregation in the twenty-first century. American Journal of Sociology, 22, 573–619
McMahon, B. T. (2012). An overview of workplace discrimination and disability. Journal of Vocational Rehabilitation. https://doi.org/10.3233_JVR-2012-0588
Santillana, M., (2024). Bad Managers Are Reason Enough to Quit, According To LinkedIn https://www.forbes.com/sites/mariagraciasantillanalinares/2024/08/13/bad-managers-are- reason-enough-to-quit-according-to-LinkedIn/
U.S. Equal Employment Opportunity Commission (2024) Federal Laws Prohibiting Job Discrimination Questions and Answers https://www.eeoc.gov/fact-sheet/federal-laws
Vanderbilt University (2024). Survey Gender-Base and Sexual Misconduct Public Data Gender- Bases and Sexual Misconduct Survey (2024) https://www.vanderbilt.edu/dsa/surveys-on- sexual-assault-and-misconduct-public-data/#AAU_Campus
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Coversheet
Introduction
Literature Review
Legal and Regulatory Landscaping
Conclusion and Recommendations
Conclusion and Recommendations
Figure 1 Figure 2
Reference
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