Legal Implications on HR of Employment Law, Commitment to Diversity, and Affirmative Action

Five questions on legal implications on HR. Just a few sentences for each question.

1. From what you have read, do the employment laws affecting the private sector work as they are designed to in the U.S.? Have they worked in the past? Do they need to be revised in light of new topics related to employment? Please defend your discussion. Provide employer examples/court case examples and research information.

2. Is it necessary for a private-sector organization to make a public commitment to diversity? What are the pros and cons associated with doing so? Provide employer examples and research information not previously mentioned.

3. What should these terms mean to the private sector HRM manager: "reverse discrimination" and "affirmative action"? What is the U.S. Supreme Court's stand on reverse discrimination and affirmative action? What do these terms mean?
In what ways are anti-discrimination efforts and valuing diversity in the workplace related, and not related? How do the terms "reverse discrimination" and "affirmative action" relate to an organization's anti-discrimination efforts? To their diversity initiatives? Provide employer examples.

4. Top management has just learned that there now is another union organizing effort going on. This is the third time in four years that the hourly employees have tried to unionize; the vote margin is narrowing. As an HR manager in this union-free company with 500 plant (hourly) employees in one location in a large industrial city, what actions during an organization drive will you recommend to top management to strive to remain union-free at this late date? There are long-service, poor-performing employees who are the push behind the organization effort each time. Each year it is the same. They are viewed by supervisors as "troublemakers." They aren't valuable employees by any means.
Top management wants to hear what you recommend after you conduct research.

5. You are a newly hired compensation manager in an organization that makes packaged cupcakes and other snack bakery items. There are 1450 employees in your one location. You are currently union free. Your organization has a total rewards program but does not know if the total rewards program is cost effective. What numbers are needed to determine whether or not what is offered is worth the administrative hassle, headaches and total labor costs involved? Specifically, discuss one important metric that needs to be measured in the process of evaluating the impact of your firm's total rewards program on recruitment, motivation/productivity and retention levels. How would you go about gathering and/or separating out, and analyzing the information needed?

Keep in mind that hiring a consultant is not an option. Top management feels they have spent enough and want some concrete recommendations from you. This task is yours in your new role as compensation manager.