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    The Legal Context of Staffing
    The Legal Context of Staffing
    The Legal Context of Staffing
    Ebook112 pages3 hours

    The Legal Context of Staffing

    By Stanley M. Gully and Jean M. Phillips

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    A nonlegal primer for human resource professionals, line managers, and business executives, this reference discusses the reasons employment laws and regulations exist and the benefits of complying with them. Well-researched and fully documented, this overview discusses key laws, explains the different enforcement agencies, explores bases for lawsuits, and illustrates barriers for legally defensible staffing. This manual also shows how to prevent discriminatory or illegal practices, making it an essential guide for any employer.
    LanguageEnglish
    PublisherSociety For Human Resource Management
    Release dateJul 1, 2012
    ISBN9781586443016
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      Book preview

      The Legal Context of Staffing - Stanley M. Gully

      This publication is designed to provide accurate and authoritative information regarding the subject matter covered. It is sold with the understanding that neither the publisher nor the author is engaged in rendering legal or other professional service. If legal advice or other expert assistance is required, the services of a competent, licensed professional should be sought. The federal and state laws discussed in this book are subject to frequent revision and interpretation by amendments or judicial revisions that may significantly affect employer or employee rights and obligations. Readers are encouraged to seek legal counsel regarding specific policies and practices in their organizations.

      This book is published by the Society for Human Resource Management (SHRM®). The interpretations, conclusions, and recommendations in this book are those of the authors and do not necessarily represent those of the publishers.

      Copyright © 2009 Phillips, Gully, and Associates. All rights reserved.

      This publication may not be reproduced, stored in a retrieval system, or transmitted in whole or in part, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Society for Human Resource Management, 1800 Duke Street, Alexandria, VA 22314.

      The Society for Human Resource Management (SHRM) is the world’s largest association devoted to human resource management. Representing more than 250,000 members in over 140 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated chapters within the United States and subsidiary offices in China and India. Visit SHRM Online at www.shrm.org.

      Phillips, Jean, 1969-

      The legal context of staffing / Jean M. Phillips, Stanley M. Gully.

      p. cm. — (Staffing strategically series)

      Includes bibliographical references and index.

      ISBN 978-1-58644-157-9

      1. Personnel management—United States. 2. Labor laws and legislation—United States. 3. Employee rights—United States. 4. Employee selection—Law and legislation—United States. I. Gully, Stanley Morris. II. Society for Human Resource Management (U.S.) III. Title.

      HF5549.P45957 2009

      344.7301--dc22

      2009030884

      10 9 8 7 6 5 4 3 2 1

      09-0477

      Staffing Strategically Series

      ASSESSING EXTERNAL JOB CANDIDATES

      ASSESSING INTERNAL JOB CANDIDATES

      THE LEGAL CONTEXT OF STAFFING

      STAFFING FORECASTING AND PLANNING

      STAFFING TO SUPPORT BUSINESS STRATEGY

      Contents

      Introduction

      Types of Employment Relationships

      Laws and Regulations

      Equal Employment Opportunity, Affirmative Action, and Quotas

      Enforcement Agencies

      Grounds for Employment Lawsuits

      EEOC Best Practices

      Barriers to Legally Defensible Staffing

      Summary

      Endnotes

      Index

      Acknowledgments

      About the Authors

      Additional SHRM-Published Books

      Introduction

      In the United States, employment laws and regulations are numerous, and exist for several reasons.¹ Because employers decide on the structure of the employment relationship and the principles that will guide pay, promotions, and employee relations, they usually have more power in the employment relationship than do employees. Laws and regulations help to limit this power and prevent abuses. They also help to promote fairness and consistent treatment by prohibiting discrimination in employment and providing equal employment opportunity for everyone. Discrimination happens when employment decisions are not based on job-relevant knowledge, skills, abilities, and so on, but on factors such as age, sex, race, religion, ethnicity, or disability. Unlawful or discriminatory employment practices intentionally or unintentionally discriminate against people with characteristics protected by law.

      Complying with staffing laws is obviously a good idea from a moral, ethical, and legal perspective, but doing so can also be strategic (see Table 1). In addition to avoiding the expense of lawsuits and the negative public relations that comes with litigation, legal compliance forces companies to hire and promote employees based on merit. Basing hiring and promotions on merit can enable better firm performance by enabling companies to hire quality people from all segments of the labor force. Because laws alone do not provide the tools to recognize and break down these barriers, proactively managing diversity is important. Successful firms often go beyond legal compliance in recruiting and retaining diverse employees.

      This is not to say that staffing—in legal ways that support diversity—is easy. Not only are the numbers of women and minorities in many professions alarmingly low, a look into the talent pipeline is generally not a cause for optimism.² And even when executives support diversity and inclusion, middle managers and supervisors may not.³ Understanding the legal context of staffing is an important foundation of effective and legal staffing, and is the focus of this book. However, it is important to note that making diversity and inclusion part of the organization’s culture and values is also important to merit-based staffing practices that provide equal employment opportunity to everyone.

      Table 1. Why Comply with Employment Laws?

      Because employment laws (and the courts’ interpretations of them) identify what is expected and required of every employer, they clarify what is permissible. They also help employers hire strategically by promoting the hiring of the most qualified person, which enhances employee quality and thus organizational performance. Avoiding unfair discrimination thus helps companies better execute their strategies and reach their goals.

      Given the traditional scope and depth of contemporary books about this topic, this book’s coverage of the major government regulations and legal issues involving staffing cannot be done in great detail. The Legal Context of Staffing is not intended as a legal reference and it does not constitute legal advice. The purpose of this book is to provide an overview of some of the key laws and legal issues surrounding staffing, and to identify resources for additional information. This book will also give you a good understanding of how to prevent

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