Examining the Legal Environment

Write a 3–4 page analysis of a selected legal case involving disparate (adverse) impact in selection and hiring.

Note: Complete the assessments in this course in the order in which they are presented, beginning with Assessment 1.

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Many U.S. laws, ordinances, and guidelines directly impact the hiring and selection process.

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

Competency 2: Assess approaches for recruiting, selecting, and retaining talent.
Analyze issues surrounding a case of disparate (or adverse) impact.
Competency 4: Analyze the impact of legal and regulatory issues on staffing management.
Analyze the outcome of an actual legal case.
Describe how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.
Competency 5: Communicate in a manner that is scholarly and professional.
Communicate in a matter that is scholarly, professional, and consistent with expectations of members of the human resources profession.
Note: The requirements listed here generally describe proficient performance for each of the required criteria. To earn full points for each criterion, be sure to review the assessment scoring guide for details on what constitutes distinguished performance.
To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of your professional community.

How should organizations respond to allegations of workplace discrimination?
What are significant legal issues that you need to be cognizant of during the recruiting and selection process?
As social media becomes a growing hiring influence because of its reach and information prospective applicants freely share, how can organizations protect themselves against charges of invasion of privacy?Preparation
To prepare for this assessment, complete the following:

Read Chapter 6 of Arthur’s Recruiting, Interviewing, Selecting, and Orienting New Employees e-book, linked in the Resources.
Read the Cavico and Mujtaba article linked in the Resources.
The Griggs v. Duke Power case in Resources may also be helpful.
Locate an article on a case involving disparate or adverse impact in selection and hiring using the Capella library or the Internet.
The scenario in this assessment will be determined by your choice of case.

Using the Cavico and Mujtaba article as a framework with which to view the issue of disparate or adverse impact, analyze your selected case.

Provide a description of the case.
List the facts.
Analyze the important issues in this case:
Identify what makes this a case about disparate impact.
Identify the dispute.
Distinguish the theory of disparate impact from the theory of disparate treatment.
Analyze the outcome of the case:
Explain the court’s decision.
Note whether you agree with the court.
Analyze discriminatory impact.
Describe how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.

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