The Court assumes that effective assistance of counsel is present unless the adversarial process i

  1. What seems to be the main source of conflict between supervisors, employees, and the HR department? 2. Do you believe that managers should be given more autonomy to make personnel decisions such as hiring, appraising, and compensating subordinates, or do you believe that managers should be given less autonomy to make such decisions? Explain and substantiate your reasoning. 3. Why would employers want to fire employees whose dependents are having serious health problems? What do you think would be the reaction of employees with healthy dependents who suspect this might be happening? Explain. 4. In a world that is quick to state discrimination has taken place, there is a new discrimination emerging (i.e., reverse discrimination). Is this form of discrimination really discrimination? What diversity practices would you put in place to prevent any kind of discrimination?  

Sample Solution

 

Sources of Conflict in the Workplace

1. Power Dynamics and Misalignment:

A significant source of conflict can arise from the inherent power dynamics between supervisors, employees, and HR. Supervisors might feel pressure to meet performance goals, leading to potential tension with employees. Employees might feel unheard or unsupported by supervisors, leading them to seek intervention from HR. HR, on the other hand, is responsible for ensuring compliance with policies and regulations, which can sometimes seem at odds with individual needs or manager preferences.

   

Full Answer Section

     
  1. Manager Autonomy in Personnel Decisions:
There are arguments for both sides of granting managers more autonomy:
  • Benefits of Increased Autonomy:Managers with deeper knowledge of their teams might be better positioned to assess performance, skills, and cultural fit for hiring or promotion decisions.
  • Drawbacks of Increased Autonomy:Unregulated autonomy can lead to bias in decision-making or favoritism towards certain employees.
A Balanced Approach: Perhaps a balance can be struck. Managers could have more say in the selection process but operate within established HR guidelines and with oversight to ensure fairness and compliance.
  1. Firing Employees for Dependents' Health Issues:
Ethically and legally, employers cannot fire employees based on the health status of their dependents. This would be considered disability discrimination under the Americans with Disabilities Act (ADA). However, some employers might try to find work-related reasons for termination to avoid legal repercussions. Employee Reaction and Impact: Employees with healthy dependents suspecting such practices might experience:
  • Decreased Morale:A feeling of distrust and fear could permeate the workplace, impacting employee morale and engagement.
  • Increased Absenteeism:Employees might worry about losing their jobs and become more hesitant to take time off to care for sick family members.
  1. Reverse Discrimination vs. Fairness:
"Reverse discrimination" is a complex term. True discrimination is the systematic disadvantage of a particular group. However, some practices originally meant to create a level playing field might unintentionally disadvantage qualified majority candidates. Diversity and Inclusion Practices: Here are some diversity and inclusion practices that can help prevent discrimination of any kind:
  • Standardized Hiring Processes:Clear, objective criteria for hiring and promotion can minimize bias.
  • Unconscious Bias Training:Educating managers and HR personnel on unconscious bias can help identify and mitigate its influence in decision-making.
  • Diverse Interview Panels:Having diverse interview panels can ensure a wider range of perspectives are considered during the selection process.
  • Focus on Skills and Qualifications:The focus should be on the candidate's qualifications, skills, and experience, not their background.
By implementing such practices, workplaces can foster a more inclusive environment where opportunities are based on merit rather than personal characteristics or the health status of dependents.    

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