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Discrimination in the Workplace: Internal Promotion and Hiring

Background:

Nancy is a ten year experienced registered nurse working the evening shift in the post-operative ward at Haig Memorial Medical Center. Nancy wants to finish her graduate degree requirements and the needed courses are only offered in the evenings. Nancy 's supervisor, informs the staff of an upcoming opening in the morning shift and advises them of the application deadline. Based on past experience, Nancy knows that her supervisor has already filled the position with one of her closest friends and that Nancy 's completing an application and interviewing for the position is nothing more than an exercise in futility. Nancy brings her concerns to you, the HR supervisor. She claims that her gender and sexual orientation has affected her nursing supervisor's decision and that any complaint from her to the nursing supervisor will result in retaliation or termination.

Questions I have:

What would you say to Nancy about the ideal legal, and ethical hiring practices?
What can you do to ensure that the recruitment and selection process is fair and consistent with the requirements of federal and state laws on hiring practices?
What steps can be taken in addressing the concerns for retaliation or termination?

Please cite references so I am able to do more research.

Solution Preview

Hi,

Interesting scenario! I also attached a sample anti-discrimination policy.

RESPONSE:

1. What would you say to Nancy about the ideal legal, and ethical hiring practices?

Legally, gender/sex is a protected category under the anti-discrimination laws (and in some states, sexual orientation is also protected by law, or at least ethically as part of the company policy.

You would educate Nancy on the following issues:

- Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. This law is enforced by the Equal Employment Opportunity Commission (EEOC).
- Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or ...

Solution Summary

In reference to the case scenario, this solution answers the questions including what you would say to Nancy about the ideal legal, and ethical hiring practices, what you can do to ensure that the recruitment and selection process is fair and consistent with the requirements of federal and state laws on hiring practices, and what steps can be taken in addressing the concerns for retaliation or termination. This solution is 450 words and is supplemented with sample Anti-Discrimination Policy.

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