Reduction_of_Work_Force_Discrimination

reduction of work force - discrimination Reduction of Work Force - Discrimination Edwin R. Cruz Rodriguez LAW 531PR 30 January 2013 Prof. Felix Montanez-Miranda Reduction of Work Force - Discrimination Change is inherent to any organization as time goes by, from its development and establishment and into the future. Every organization expecting to grow, or even maintain itself relevant in its intended market or purpose, needs to consider potential changes into its structure. These changes may come in various forms, growth or reduction of work force, as well as new personnel requirements or changes of personnel traits. Consideration and careful analysis needs to be given to applicable laws. In the simulation assigned, various cases need to be considered where most decisions could be perceived as discrimination cases. For the individuals concerned it is a potentially painful situation, both economically and emotionally, while the organization has the responsibility to minimize or avoid potential legal liability. Application of the interpretation of such laws is required to successfully meet the goals of the simulation at hand, which is to reduce the force by 10%. Careful analysis is required when recommending reductions in force as the wrong decision, as well as the wrongly communicated decision, may be violating applicable laws. In the simulation presented, careful consideration needs be given to Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA), and the Pregnancy Discrimination Act (PDA) among others. The individual records analysis, proposed organizational structure, and applicable laws correct interpretation, will lead the managers to make the best, legal, decisions for the available options. Several areas of each employees record bring details needed to make decisions. Current employment status, contractual or full-time, performance records, attendance, preparation for future positions within the organization, past achievements, were considered to make decisions. These factors in consideration will serve to weight and balance the conditions under all employees, compared with the same metrics, are being selected for retention or contract resolution. Nevertheless, in order to meet a specific goal, the administrators will require understanding that not only the employees record is to be considered; applicable laws must be added to the equation. In the simulation provided there was room for error in all decisions to be made. Age, sexual preference, pregnancy, and race, are among the factors present in the candidates for the reduction of force. All with potential valid claims if selected, they present a threat to the administrator making the decision. This does not mean that the personnel selection needs to be expanded or decision changed to maintain the employees, but that proper analysis and communication of the decision is required. Some employees may qualify for remuneration upon completion of their activities with the organization, which is a responsible way to terminate a position and meet the intended purpose. The age of the person could be a consideration that really needs not to be mentioned and only considered in terms of expected longevity expected if the contract is not terminated. A different situation is presented when a person has a record of past achievements combined with current or recent absences and low performance. These are factors that, considering personnel for retention or dismissal, will weight heavily against a person. Performance measures are needed in all organizations. Consistency will determine if one person can maintain expected standards. Several options arise when analyzing such situations. One option could be to retrain the person to complete other tasks in the same or different department. This could be subject to the person’s acceptance. Severance package may or may not be needed as well as training. Pregnancy is not a reason to consider lying off a person. The organization needs to meet the applicable laws and factors as depicted in the PDA in order to avoid violating the law. It may be recommendable to reduce the person’s itinerary to avoid potential damage to the employee or the creature in development. Some actions may be needed upon request of the person or observation from the supervisor, always considering that limitations present solely because of the pregnancy are not factors that can influence a decision. Sexual orientation, mentioned in the identifying of a candidate to be dismissed, is not a valid consideration for any decision. Presenting this may cause a legal case that could be prejudicial for the organization in multiple ways. As per the simulation, this was a good option of a candidate to dismiss due to his current preparation and expected results after the reduction of force. However, having the organization permitted an environment where the person had received personal abuse from coworkers and probably even the supervisor, careful handling is required. Presenting the person with all the facts and available options is always a good solution regardless of the direction to take. In this case, recommending the employee to work with a potential contractor thus working in functions for which he is prepared is a good choice. As the company is decided to reduce the workforce, and his expertise is no longer needed, the option of continuing in the work force or being unemployed is always good. The cases on the presentation provided were varied and full on useful information. In considering each case, research was needed of the course material to complete the statements and make the best decisions. Working with applicable laws, balancing recommendations with employee’s record, and considering the goal established, I was able to meet the requirements with minimal deviation. Legal reviews of the recommendations made were acceptable and within standards as they followed the guidance here depicted.