Though it seems to be clear, there can be difficulties that would arise for a number of reasons.

Published by

Oct 3, 2022

s

Struggling with a similar assignment? Don’t know where to start? Don’t have time to work on this? Get a high-quality paper written for you from scratch – PLAGIARISM FREE, guaranteed to get you a good grade. To get started, please click on the Submit Your Instructions at the bottom of the page.

ATTENTION!!! Please do not place a bid, if you are not satisfied with price I place on the assignment or if you cannot follow all instructions given on the assignment (including the due date). If you cannot honor the time frame I provide then please do not bid. 
Directions: Please read each passage below and respond to each part. (These are responses to classmates) I DO NOT need a reference or title page, however please provide the reference(s) underneath the passage. Please label as I have done below, example Dis1 Part 1 and place your response along with the reference. IT IS 4 PARTS PLEASE USE THE SAME TITLE!!! Keep each one on the same document! Please cite properly and use correct grammar.  DUE Monday 10/3/22 BY 4PM CST NO LATER
Dis 1 Part 1
Bona Fide Occupational Qualification (BFOQ) is a situation that is rare, this situation is where a person’s gender, religion, or national origin would be a reason to disqualify for a job position or be eligible for a job position based on the categories (Hunt, S.T., 2014, pg. 405). According to the text in the glossary section, a perfect example is listed. It would not be appropriate to hire a woman to be a men’s room attendant. There are other reasons that discriminating would be legal as the protected status would not be able to perform the duties of certain job positions (SCHACHTER, H. L., 2013, pg. 375).
Though it seems to be clear, there can be difficulties that would arise for a number of reasons. An example would be a cross-gender correctional officer that would be a difficulty to determine which gender of prisoners would be appropriate for this guard to be posted (Monahan, C., 2013). This example is not an extreme case, though it does depend on the type of correctional facility this person would be sent to begin duties. Minimum security would be acceptable for either gender to be posted at the inmate section. Maximum security would be a different story all together.
BFOQ can be confused on where it applies and when disparate impact occurs. Disparate impact is an unintentional discrimination, disparate treatment is intentional. An example of disparate impact is where an employer deliberately chooses certain genders or individuals that would be able to perform job duties that consistently lifts heavy materials. An example of disparate treatment is where a person of protected status is treated differently based on gender, religion, or national origin.
BFOQ has shown that there are situations that people of protected status can be denied a job position based on the job duties. American disabilities act (1990) (ADA) is an act that prohibits businesses from discriminating against people that are disabled from being excluded based on the disability. If a person is able to perform the functions of the job, they must be considered for the position. For an employer to claim BFOQ, there must be unequivocal proof that the disability is a reason why the job duties cannot be performed.
U.S. Equal Employment Opportunity Commission (2022). EEOC Informal Discussion
https://www.eeoc.gov/foia/eeoc-informal-discussion-letter-44
Hunt, S.T. (2014). Common sense talent management: Using strategic human resources to improve company performance (Links to an external site.).  Retrieved from Ebook Central.
Monahan, C. (2013). The Failure of the Bona Fide Occupational Qualification in Cross‐Gender Prison Guard Cases: A Problem beyond Equal Employment Opportunity. Hypatia, 28(1), 101-121. doi:10.1111/j.1527-2001.2011.01248.x
SCHACHTER, H. L. (2013). Constructing Age through Bona Fide Occupational Qualifications: De Jure Discrimination’s Last Stand? Public Administration Quarterly, 37(3), 373–392.
Dis 1 Part 2
There are many laws that HRM must abide by. One such law is Title VII of the Civil Rights Act of 1964, which “prohibits employment discrimination on the basis of race, sex, color, age, and national origin” (Aamodt, 2017). An exception is made to this in Section 703(e) of Title VII. “This section states that it is not unlawful for an employer to differentiate hiring on the basis of religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise” (Seaquist, 2012). One example of a BFOQ would be a Catholic school that only hires Catholic teachers. By not clearly defining BFOQs, an organization could face claims of discrimination. For example, if a Catholic church that only hires Catholic teachers does not clearly define its BFOQ, the organization could face discrimination claims when asking potential candidates questions that involve their religion (or religious beliefs). If an organization has a BFOQ, however, the BFOQ is not well defined, the organization would be practicing disparate treatment. Disparate treatment is intentional discrimination against one of the protected classes. If the Catholic school does not have a well-defined BFOQ and does not hire a qualified candidate because he/she is not Catholic, then it is disparate treatment. “Disparate impact occurs when the organization’s policies, practices, or procedures appear to be neutral but result in a disproportionate impact to the candidate or employee” (Henderson, n.d.). In this case, the policies do not cause discrimination;
however, once implemented, discrimination occurs. Both disparate treatment and disparate impact are illegal. If an organization has a well-defined BFOQ, then it has a legal exemption for discriminating against a protected class due to the reasonable necessity of normal business
operations.
The ADA of 1990 protects Americans with disabilities. In order to remain compliant with the ADA, organizations must offer reasonable accommodations for individuals with disabilities who can carry out (or perform) the duties of the position in question. It protects individuals with disabilities by ensuring that organizations do not discriminate against the individual or his/her disability. In this case, as well as with BFOQ, the organization must be able to justify its employment decisions based on the demands and necessities of normal business operations and not on other factors (like disability, age, religion, and gender).
References:
Aamodt, M. G. (2017). Really, I come here for the food: Sex as a bfoq for restaurant servers. TIP: The Industrial-Organizational Psychologist, 54(3), 99–108. Retrieved from http://search.ebscohost.com.proxy-library.ashford.edu/login.aspx?Links to an external site. direct=true&db=a9h&AN=121097465&site=eds-live&scope=site
Henderson, B. (n.d.). Weekly lecture [Instructor guidance]. Retrieved from https://ashford.instructure.com/courses/53699/pages/week-6-weekly-lecture? module_item_id=2715097
Seaquist, G. (2012). Business law for managers [Electronic version]. Bridgepoint Education, Inc. Retrieved from https://content.ashford.edu/books/AUBUS670.12.2/sections/fm
Dis 2 Part 1
There are differences on what is considered a lawful termination depending on the country. In fact, many MNCs utilize an employment contract that will help mitigate legal entanglements, but that too isn’t universal worldwide.
“In an era of globalization where multinationals draw on labor and capital resources across national borders, labor relations and employment practices are still fundamentally bounded by domestic legal regimes.” (Harper Ho, 2009)
China has recently extended their statute of limitations on filing a claim of false termination or unlawful termination from 60 days to one year, whereas Germany has only 3 weeks. “The statute of limitations is an important factor. If the dismissal is not challenged within three weeks as of the day notice was given, the dismissal is deemed to be valid” (Hund, 2014).
Using an employment contract is used as not only an incentive to keep employees long term but is also utilized to outline exactly what is considered for a lawful termination by the employer, unfortunately it isn’t uncommon for the employer to “redact or hide” key elements in a contract that if disclosed, potential employees wouldn’t sign. This is a huge legal challenge within any MNC.
Mitigating what is considered a legal termination, varies from country to country. The challenge to HRM is knowing exactly what they are and ensuring that all correct, legal resources and management are on point for each location.
Works Cited
Gould IV, W. B. (2010). Labor Law Beyond U.S. Borders: Does What Happens Outside of America Stay Outside of America? Stanford Law and Article Review, 401-426.
Harper Ho, V. E. (2009). From Contracts to Compliance? An early look at implemetnation under China’s new labor legislation. Columbia Journal of Asian Law, 36-107.
Hund, D. (2014). German Unjust Dismissal Law in Practice. Employee Relations Law Journal, 61-84.
Kuddo, A. (2009). Labor Laws in Eastern European and Central Asian Countries Minimum Norms and Practices. Vilnius: World Bank Organization.
Dis 2 Part 2
The different requirements for termination of employment in European countries can create challenges for employers, who must be aware of the requirements of each country in which they operate. In some cases, such as in France, an employer may need a valid reason for terminating an employee, which can be challenging to prove. In other cases, such as in Germany, an employer may only be able to terminate an employee for cause and must be able to provide evidence of the reason. These requirements can make it difficult for employers to remove employees and lead to lawsuits from employees who believe they were wrongfully terminated.
The risks associated with the termination of employment in European countries can be significant. If an employee is wrongfully terminated, they may file a lawsuit against the employer. Additionally, if an employee is terminated unfairly, it can lead to negative publicity for the company. These risks can be costly for employers in terms of financial damages and reputation.
MNCs operating in European countries with restrictions on termination of employment must have a clear and consistent policy on termination. All employees must be made aware of the policy and understand the consequences of violating it. Additionally, MNCs must comply with all local laws and regulations. Failure to do so can result in significant penalties.
HRM policies may be necessary to comply with restrictions on termination of employment in European countries. For example, a progressive discipline policy may need to be implemented to avoid wrongful termination lawsuits. This type of policy would require that an employee be given warnings or counseling before being terminated to provide them with a chance to improve their performance.
Other conditions or restrictions facing a firm operating in such environments include the need to comply with local laws and regulations. Additionally, the possibility of unionization must be considered. Unionization can make it more difficult for an employer to terminate employees, as negotiation may be required to reach a severance agreement.

n

Need Writing Help? Our writing specialists are here 24/7, every day of the year, ready to support you! Instantly chat with an online tutor below or click here to submit your paper instructions to the writing team.

More than just an assignment.

GET THE GRADES YOU DESERVE | A OR A- GUARANTEED
NO MORE SLEEPLESS NIGHTS DOING RESEARCH
NO MORE LATE POINTS DEDUCTIONS 
GET A QUALITY PAPER SENT TO YOUR EMAIL
GET GOOD GRADES ON YOUR ASSIGNMENTS
Explore Now →

Who is this homework service for?

* If you are having a really hard class and want to get through it, then this is for you.

* If you have a medical emergency or someone close to you has a medical emergency and you don’t think you’ll be able to turn your assignment on time, this is definitely a service you could use.

* You can use us if you are having a tough Professor who won’t give you the grades you deserve.

* If you have a tight work schedule and you are getting points deducted for not submitting assignments on time.

* English might not be your first language and you feel like you are being left behind in class because of it.

* If you have a large project coming up and don’t think you have enough time to get it done well, definitely reach out to us.

TALK TO SUPPORT
{

Super stoked you are checking us out! We would like to help you with your assignment. We just need a few things from you:

* The full assignment instructions as they appear on your school account.

* If a Rubric is present, make sure to attach it.

* Any relevant weekly readings or learning resources.

* Include any special announcements or emails you might have gotten from your Professor regarding your assignment.

* Any templates or additional files required to complete the assignment.

If your assignment is somewhat complex and you need to explain it, please don’t hesitate to reach out to me via live chat. 

 

FAQ

Frequently asked questions

How soon can I get my paper done?

It depends with your deadline. If you need your paper completed in 3 hours, we will deliver it in that time. All you need to do is indicate your deadline in our custom order page here. Alternatively, if you are sending us your instructions via email, please be sure to indicate your deadline.

Will it be completely original? I don't want to be caught in a case of Academic Integrity Violation.

We are as paranoid as you are. Maybe even more! And we understand that the greatest sin you can commit in your academic journey is plagiarizing your academic work. To that end, we have made sure that we check and double-check our papers using high quality plagiarism detection tools such as SafeAssign and Turnitin before submitting the paper to you.

Who is my writer? Is he/she a native English Speaker?

All our writers are native English Speakers. That is not to say that ESL writers are not good, we just prefer hiring native writers because we want the very best people working on your paper. This might mean paying a little bit more for your paper as opposed to when you pay a foreign company whose writers are non-native English Speakers.

What if I need revisions? Will your charge additional for this?

Of course not! If you do happen to require a revision on your paper, our team will handle it for you free of charge. Matter of fact, we won’t rest till you are happy with your paper. So, ask for as many revisions as you need, it’s completely FREE!

Will you give me my money back if I don't like my paper?

We have very few instances where we delivered a paper that a client didn’t fall in love with. But if it so happens that you don’t like your paper for any reason whatsoever, we’ll refund your money back no questions asked.

I have more assignments after this, can you help me with those too?

Of course! And what’s even better is that we can reserve a writer permanently to work on your entire class. This comes in handy for projects which build up on each other and where you need just one writer, one writing style.

I got my order information wrong, can I change that?

Yes you can. Just reach out to our support team via email (support@essaynook.com) or live chat here and they’ll help you change the instructions.

Can I place an order via email instead of going through the order page?

Yes you can. Email Anna at anna@essaynook.com, she’s in charge of our sales team. Alternatively, you can talk to our Live Chat team here and request to speak to Anna.

Trusted by Thousands of Students

Delivering quality assignments since 2007

%d bloggers like this: