Hiring Practices and Ethical Legal Essay

Tags: leadership discrimination business law culture ethics organizational culture integrity stakeholders ethical decision making due diligence compliance human resources leaders employees training background check

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Total Length: 1291 words ( 4 double-spaced pages)

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Abstract

Human resources managers are increasingly called upon to contribute to ethical decision making in their hiring practices. Hiring policies and practices are a critical gateway to fulfilling organizational ethical commitments. Using standard screening methods like background checks or screening applicant social media accounts present ethical dilemmas, pitting the need for due diligence against the need to resist any form of discrimination in hiring. By engaging in hiring policies and practices that reflect legal ground rules and also ethical codes, human resources managers achieve critical security goals and also protect the legal and ethical rights of employees. Key issues to take into consideration in hiring decisions include the legal ground rules that govern organizational codes of conduct and codes of ethics. Many organizations also craft codes of ethics and codes of conduct specifically to craft organizational culture, promote security, while also insuring against legal breaches.

Codes of Ethics vs. Codes of Conduct

Both codes of ethics and codes of conduct can be grounded in legal compliance, while still reflecting the overarching values and culture of the organization. At the very least, hiring practices need to properly reflect commitments to the legal ground rules pertaining to anti-discrimination and employee rights to privacy (Dwoskin, Squire & Patullo, 2013). Codes of ethics reflect principles and governing philosophies, which can be expressed in vague or abstract terms. Codes of conduct can be written in ways that more specifically address behaviors or measurable actions. As Adelstein & Clegg (2016) point out, only “Some elements of codes have the force of national regulation and law behind them,” (p. 56). Codes mitigate legal risks and can also be used to defer responsibility; ultimately ethical behavior is a matter of individual choice (Adelstein & Clegg, 2016). Organizations genuinely committed to meeting the high standards set forth in codes of ethics and codes of conduct need to embed these norms and behaviors into company culture via training programs, leadership, and other elements of organizational socialization.

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Organizations do well to work beyond legal strictures to create hiring practices and procedures that help draw to the organization top talent that confers a competitive advantage. For example, Stoughton, Thompson & Meade (2015) found that prospective employees and applicants expressed more negative perceptions of organizations using social media screening during the hiring process. The perceived invasions of privacy that go along…

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…are also questions about the legitimacy and validity of the assessments themselves (Brody, Perri & Van Buren, 2015, p. 551). Clearly, hiring practices need to balance the ethical obligation to protect the firm from potentially malicious or problematic new hires, with the ethical obligation to remove bias or discrimination from the hiring process. Paying more attention to, and devoting more resources towards, training and leadership development as opposed to potentially discriminatory hiring procedures can help organizations align their practices with their principles.

Conclusion: The Importance of Integrity in Leadership

Hiring practices remain a core component of ethical decision making in organizations. Human resources managers need to comply with EEOC and related formal laws and institutions at the very least, while also protecting their organization and its primary stakeholders. Using background checks, psychological assessments, and social media screenings may be necessary in some cases, but also risks tarnishing employee perceptions of the organization. The ultimate goal should be to create an organizational culture that is dedicated to meeting the ethical criteria outlined in its formal codes. Leaders in the organization have a direct responsibility to model the behaviors expected of new hires and indeed, all employees. Hiring….....

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References

Adelstein, J. & Clegg, S. (2016). Code of ethics: A stratified vehicle for compliance. Journal of Business Ethics 2016(138): 53-66.

Brody, R.G., Perri, F.S. & Van Buren, H.J. (2015). Further beyond the basic background check. Business and Society Review 120(4): 549-576.

Dwoskin, L.B., Squire, M.B. & Patullo, J.E. (2013). Welcome aboard! How to hire the right way. Employee Relations Law Journal38(4): 28-63.

Hill, R.P. & Rapp, J.M. (2014). Codes of ethical conduct. Journal of Business Ethics 2014(123): 621-630.

Shethji, P. (2016). Note: credit checks under Title VII. 91 N.Y.U.L. Rev. 989 *

Stoughton, J.W., Thompson, L.F. & Meade, A.W. (2015). Examining applicant reactions to the use of social networking websites in pre-employment screening. Journal of Business Psychology 2015(30): 73-88.

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