Abstract
According to Cambridge Advanced Learner Dictionary, "Laws are usually made by a government to norm the way in what a society behaves, or the whole system of such rules." “Staffing refers to formation of the employment relationship” (Heneman). This article is about the legal compliance that must be observed by any organization, while in the staffing process. It places especial attention to the relationship that existed between employees, employers, temporary employees, and independent contractors. The paper analyzes the major federal laws regarding equal employment opportunity and affirmative action, and the importance of those laws. Staffing laws contain specific provisions that employers must contemplate to avoid discrimination against applicants or employees. Special distinction is made to distinguish whether we are in the presence of disparate treatment or whether in the presence of disparate impact.
Legal Compliance in the Staffing Process
Staffing laws existed as a means to norm the relationship between the organization and the workforce. That is, the legal relationship employers-employees, employers-independent contractors, employers-temporary employees, as well as the rights of each one of those involved.
The emphasis of this paper is on the major federal laws pertaining equal employment opportunity and affirmative action. Staffing laws also exist to create fairness and to prevent discrimination in staffing, promoting the selection process based on the knowledge, skills, abilities, and other characteristics that are job related. Protected characteristics such as color, origin, sex, race, religion, and disability as a means of discrimination are prohibit under staffing laws.
Equal Employment Opportunity (EEO) and Affirmative Action (AA) laws are federal laws created to control and norm the employment relationship. The most usual forms of that said relationship are employer-employee, temporary employee, and...