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Starting from identifying the capacity and nature of workforce required, employers need to lay down the specifications of the diversity mix they aim to introduce in their organization. This involves clarifying the demographics, qualification, skill set, education, competencies and other abilities. The point of contention which arises here is the possibility of overt or systematic discrimination creeping in, based on caste, color, creed, race, religion, gender, marital status, minority and such other factors (Markey et al. 2002). From organizational point of view, competencies are defined in advance just for the purpose of matching the core jobs with that of candidate’s profile, leaving scope of adjustment for peripheral duties and responsibilities of the job.
However, discriminating candidates on the basis of such criteria denies them equality of opportunity in the first place, and later on from appropriate training and development session organized and managed by the organization. Pandey (2006, p.21) gives some exceptional cases where sex or religion is not considered as unlawful in segregating the candidature of employees, like playing role for a movie or a drama. But in general, such practices are considered anti to the equal opportunity laws. Evidence of discriminatory practices constitutes the type of questions asked during selection interviews.
Though basic information has to be provided by the candidate, yet federal laws have now prohibited asking questions on marital status, weight and height, education, child care, demographics, ownership and such other details. Purpose behind such prohibition is to safeguard the interests of women and under-represented communities who are denied of equal opportunities on the basis of their height, care giving duties, availability to work on weekends, etc (Strahan & Burgess 1998). This discrimination extends to even compensation and promotion techniques adopted by the management of the organization.
Lately, initial screening and assessments stages in recruitment and selection process have turned advanced with the advent of technologies like Interactive Voice Responses system (IVR) and social networking tools. Though these technologies have simplified the entire process, but in reality have posed many legal challenges ahead HR practitioners and policy makers. Primary amongst them is the inability of such hiring practices in giving due attention to applicants suffering from disabilities like hearing and visual impairment.
Further, it limits the accommodation by providing access to people having internet connection. This gives direct birth to ‘disparate impact’ whereby web-based hiring creates membership and access based on sub-groups, age etc. Employers are also making extensive use of social networking tools and websites like Facebook, Twitter and other to conduct background checks and gather information and confirming the credentials of candidates. This directly gives rise to invasion of privacy and unlawful spying on profiles of candidates which are otherwise not considered as authentic means of background
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