Ethics Seminar
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Transcript of Ethics Seminar
ETHICS IN RECRUITMENT AND SELECTION
PROJECT REPORT ON
ETHICS IN RECRUITMENT AND SELECTION
SUBMITTED TO: - SUBMITTED BY:
PROF.SATINDER KUMAR ANUPREET GREWALPROFESSOR (SEMINAR) MBA- 2nd (A)
PUNJABI UNIVERSITY PATIALA ROLL NO-6234
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Abstract
Human resource management deals with manpower planning and development related
activities in an organization. It is that branch of management where ethics really matter, since
it concerns human issues specially those of compensation, development, industrial relations
and health and safety issues. Discussions in ethics in HRD stem from employee relationships
and whether or not there can be a standard for the same. Employee rights and duties and
freedom and discrimination at the workplace are the major issues discussed . For example,
right to privacy, right to be paid in accordance with the work (fair compensation) and right to
privacy are some areas that cannot be compromised upon. Human Resource Management is a
business function that is concerned with managing relations between groups of people in their
capacity as employees, employers and managers. Inevitably, this process may raise questions
about what the respective responsibilities and rights of each party are in this relationship, and
about what constitutes fair treatment. These
questions are ethical in nature. Ethics set social behavior in the track of personal morality.
Business ethics is supposed to set the business behavior on the track of fairness, justice and
equity. Corporate Governance is responsible for setting business behavior on ethical line. The
paper focuses on ethics in HR. It also aims to discuss the corporate governance, ethical
standards and the ethical issues in HR.
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INTRODUCTION TO HR
Human resource management deals with manpower planning and development related
activities in an organization. The Human Resource Department has evolved from a personnel
administration department to a personnel development department. It ensures the recruitment
of value driven people to ethically critical positions.
Human Resource Management is a business function that is concerned with managing
relations between groups of people in their capacity as employees, employers and managers.
Inevitably, this process may raise questions about what the respective responsibilities and
rights of each party are in this relationship, and about what constitutes fair treatment. These
questions are ethical in nature, and this chapter will focus on debates about the ethical basis
of human resource management. Despite these moral appreciations of human resource
management (HRM), there is a strong tradition in business that insists that business should
not be concerned with ethics. As Milton Friedman, a vociferous proponent of this position,
has put it:’ The social responsibility of business is to its shareholders. . . . The business of
business is business’ (1970). The core concern of business – proponents of the market
economy argue – is in attempting to secure the best possible return on any investment. Any
dilution of this focus will lead to the corruption of what is a finely balanced system.
Businesses that seek to be ‘ethical’ as well as profitable will probably fail economically,
following which the whole community may suffer. Rather, let the invisible hand guide the
market and all will prosper. Like some evolutionary force, the best will always survive.
Wealth will trickle down from successful enterprises, and humanity will be best served. Any
constraint on the freedoms of the market – be they motivated by ethical angst or vote-seeking
government policy – will just mess everything up.
Business houses, right from the inception of human race, have been regarded as constructive
partners in the communities in which they operate. Though they have been instrumental in
creating employment, wealth, products and services, yet the pressure on business to play a
role in social issues involving employees, stakeholders, society, environment, government
etc. is continuously increasing.
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HR ETHICAL ISSUES
Ethical issues abound in HR activities. Areas of ethical misconduct in the personnel function include employment, remuneration and benefits, labour relations, health and safety, training and development, and HRIS (hr ethical issues).
Cash and incentives plans
This includes base salaries, annual incentive plans, long term incentive plans, executive
perquisites, and separation agreements.
Base salaries
The HR function is often presumed to justify a higher level of base salaries, or a higher
percentage increase than what competitive practice calls for. In some cases, pressure is
exerted to re-evaluate the position to a higher grade for the purpose of justifying a larger than
normal increase.
Annual incentive plan
The HR manager is often forced to design and administer top-management incentive plans, at
higher raters than what the individuals deserve. A common rationale presented to the HR
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executive for bending the rules is the fear of losing the outstanding executives, if higher
incentives are not paid.
Long-term incentive plan
Just as with annual incentive plan, many HR executives have the responsibility of designing
and administering the firm’s long term incentive plans, but in consultation with CEO and an
external consultant. Ethical issues arise when the HR executive is put to pressure to favour
top management interests over those of other employees an investors.
Executive perquisites
Executive perquisites make the ethical standard of the HR executive difficult because their
cost is often out of proportion to the value added. For example a story relates to Bangalore –
based ,losing making public sector undertaking whose CEO spend 20 lakh to get swimming
pool built at his residence.
Performance Appraisal
Performance appraisal lends itself to ethical issues. Assessment of an individual’s
performance is based on observation and judgment. HR manager are expected to observe the
performance in order to judge its effectiveness. Ethics should be the cornerstone of
performance evaluation, and the overall objective of high ethical performance reviews should
to provide an honest assessment of the performance and mutually develops a plan to improve
the rate’s effectiveness.
Race, Gender, Age, and Disability
The practice of treatment of employees according to their race, ethnic origin, sex, or
disability has largely been stopped. A framework of laws and regulations has evolved that has
significantly improved work place behaviour. No enterprise today dare to publicly state it
denies minorities, woman, and the disable opportunities for employment, remuneration, and
growth prospects different from those given to others. In this environment the role of HR
function is to:
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Monitor the principles and norms of the enterprise to ensure that they reflect the values of
the society as expressed in its law.
Monitor the selection, rewards, development and, the appraisal system to ensure that they
are consistent with the principles and norms.
vigorously pursue violations and, when necessary, vigorously work to defend the
enterprise against unfounded allegations.
Employment Issue
While discrimination and harassment situation receives mort publicity, HR practitioners are
more likely to face ethical dilemmas in the areas of employee hiring. One challenge
commonly encountered is pressure to hire a relative or a friend of a highly placed executive.
Another area related to employment is that of faked credentials submitted by a job applicant.
While discovery of this kind of fabrication usually leads to termination of the employment,
the choice becomes difficult when the applicant has a blend of skills set and a proven track
record with his or her previous employers.
Privacy issues
Privacy issues to protecting a person’s private life from intrusive and unwarranted actions.
The employee believes that his or her religious, political, and social believes as well as
personal life style are private matters and should be safe guarded from being snooped or
analysed. Exceptions are permitted grudgingly only when job involvement is clearly
involved. For example, it may not be inappropriate to intrude into an employee’s private
matter if it is suspected that he or she discusses with competitor, through email messages, the
specification of newly developed product not yet launched into the market.
Safety and health
Much of the industrial work is hazardous. This is because of the extensive use of high speed
and noisy machinery, production processes requiring high temperature, an increasing reliance
on chemical compounds .Accidents, injuries and illnesses are likely to occur under these
circumstances. Over past decade, new categories of accident and illness have emerged,
including the fast growing job safety problem of office injuries.
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Restructuring and Layoffs
Restructuring and consequent layoffs have become relevant because of poor management, but
incompetence does not become unethical. There are ethical implications in the process by
which termination decisions are made and actions taken.
For example if restructuring requires closing a plant, the process by which that plant is
chosen ,how the news will be communicated ,and the time frame for completing the layoffs
are ethically important .If conducted in an atmosphere of fairness and equity and with dignity
of the affected individuals in mind, the action is ethical.
Ethical Dilemmas
Several ethical dilemmas comfort an HR manager. The ethical dilemmas arise from three
sources-faces to face ethics, policy ethics, and functional area ethics.
Face to face ethics
These arise mainly because there is a human element in most business transactions. Business
is composed of this human transaction; it should not be surprising that face to face ethical
dilemmas arise often. It is likely that the quality assurance man overlooks minor defects and
approves a lot delivered by a supplier because of the personal relationship that the two enjoy.
Corporate policy ethics
Companies are often faced with ethical dilemmas that affect their operations across all
departments and divisions. The consequences of employment contraction in labour intensive
basic industries because of the improved methods of production .Modern technology has
replaced older methods of production which has in turn resulted in hundreds being jobless.
The ethical burden of deciding corporate policy matters normally rests upon a company’s HR
management. The Hr manager and directors are responsible for making policies and
implementing them too. The ethical content of their policies can have enormous impact
throughout the company. It can set an ethical tone and send right signals to all employees as
well as external stakeholder.
Functional area Ethics
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Functional area of a business is likely to comfort ethical issues. Accounting is a critical
function of any business. Accounting statements reveals to the manager and owner the
financial soundness of a company. Managers, investors, regulating agencies, tax collectors
and trade unions rely on accounting data to make decisions. Honesty, integrity accuracy are
absolute requirements of the accounting functions.
Account standard ensure a high level of honest an ethical accounting disclosure. Ethical
dilemmas crop up in purchasing departments where strong pressure is to obtain the lowest
possible prizes from suppliers and where too felt similar need it bag lucrative contracts.
Bribes, kickbacks, and discriminating pricing are temptation to both parties.
There are many definitions for ethics: According to Compton (2007), ethics means a system
of moral principles; the rules of conduct recognized; the rightness and wrongness of certain
actions. But there is only one clear, consistent guideline for incorporating ethical practices
when presenting: Ethical conduct starts with the Presenter. In this research, the main aim is to
show that when presenting certain issues to adult learners, an instructor or HR specialists
according Compton (2007) are expected to:
-Make ethics a priority;
-Set a good example of ethical conduct;
-Keep commitments;
- Be sensitive to culture, beliefs, and environment of the learners.
-Consider ethics in decision making.
Ethical issues are rarely simple to adhere to because individuals' ethical sensitivities vary,
program presenters need to evaluate individual cases to ensure protocols are followed;
Goldman (2008). It is actually not easy, but it is important. Ethics is a social construction;
there is no real line between right and wrong. Societies, as groups, develop basic ethical
values, which individuals use to determine whether actions between societal members and
others are right or wrong (e.g., ethical or unethical). Societal institutions, such as religion,
schools, and organizations, help shape individual determinants of ethical behavior. However,
each individual has different ethical practices and principles that are based on underlying
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values (Lawrence, Weber and Post, 2005).
How does an adult educator unpack ethical issues within mentoring contexts, especially when
those issues nest in interpersonal relationships? A variety of uncomfortable situations may
arise, First, Presenters may be friendly with their learners, but friendships between presenters
and learners are tricky and have the potential to hurt both parties involved.
Human Resources professionals are responsible for several roles in the workplace, including
implementing and managing policies, recruiting and retention, and training and development.
The HR department is responsible for making sure that organizations conduct business
ethically and that shareholders are treated ethically.
The HR department must be able to monitor compliance with federal and state laws and
regulations as well as monitor the conduct of the organization. Implementing and managing
policies is just one piece of the HR and ethics relationship, the HR professional must also
conduct themselves in an ethical manner. This paper will examine the role that human
resources plays in organizational ethics, and how important HR functions are to
organizationalethics.
In business ethics can define as the ability and willingness to reflect on values of an
organizations decision-making process, and determine how the values of the organization and
the decisions of the organization affect stakeholders.
Human Resources Management primary responsibility is to develop practices that will
enhance an organization’s competitive advantage over other organizations in the same
market. Human Resources also have a responsibility to ensure that their organization
conducts business ethically and that shareholders are treated ethically. Business decisions,
and policies that are implemented have ethical consequences and HR should have input in all
business transactions. Human Resources professionals have many roles concerning ethics in
the workplace, monitoring: observing actions of the organizations members, investigation:
investigating complaints concerning ethical issues, and spokesperson: ethics advocate,
leadingbyexample.
“Ethics is integrally related to the contributions of HR because wherever two people exist in a
relationship, ethical issues are present”
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Wikipedia defines ethics as "elements of professional practice that are part of dispute
resolution or which have some great potential for: bodily harm, urban planning, medicine,
law, politics and theories of civics Today when a person turns on the news all they hear about
is the ethical crises making the headlines. Companies have to protect themselves from ethical
issues like embezzlement, fraud, or misuse of company products or services. An ethics
statement explains how a business operates. The objective of the ethics statement is to ensure
that the highest standards of ethical behaviour is practiced while conducting business and
ultimately acting in the best interest the company. A large part of a Human Resource
professional's role is to be strategic business partners.
Most people are disgusted with the state of ethics in America. They are sick of dishonesty
and unethical dealings by both the company and its employees. An ethical dilemma can be
defined as an undesirable or unpleasant choice relating to a moral principle or practice. One
problem is that ethics is never a business issue or a social issue or a political issue - it is
always a personal issue. People say they want integrity, but at the same time, ironically, the
majority of people do not always act with the integrity they expected from others. What do
we do in such situations? Do we do the easy thing or the right thing? For example, what
should I do when a clerk gives me too much change? What should I say when a convenient
lie can cover a mistake? How far should I go in my promises to win a client? As human
beings, we seem prone to fail personal ethics tests. Many people believe that embracing
ethics would limit their options, their opportunities, and their very ability to succeed in
business.
John Maxwell, in the first chapter of "There's No Such Thing As "Business" Ethics: There's
Only One Rule For Making Decisions" titled "Whatever Happened to Business Ethics?" says
that most people are disgusted with the state of ethics in America, and are sick of dishonesty
and unethical dealings by both the company and its employees (2003). One of the definitions
of an ethical dilemma states that it is undesirable or/and unpleasant choice relating to a moral
principle or practice. One problem is that ethics is never a business issue or a social issue or a
political issue - it is always a personal issue. People say they want integrity, but at the same
time, ironically, the majority of people do not always act with the integrity they expected
from others. The question is - what should be done in such situations? And what is it indeed-
the easy way or the right way? For instance, what should I do when a clerk gives me too
much change? Should I lie in case there is a chance to cover a mistake? Is there a limit in my
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promises aiming to win a client? As human beings, we seem prone to fail personal ethics
tests.
Ethical challenges abound in HRM. Each day, in the course of executing and communicating
HR decisions, managers have the potential to change, shape, redirect, and fundamentally alter
the course of other people's lives. Managers make hiring decisions that reward selected
applicants with salaries, benefits, knowledge, and skills, but leave the remaining applicants
bereft of these opportunities and advantages. Managers make promotion decisions that
reward selected employees with raises, status, and responsibility, leaving other employees
wondering about their future and their potential.
Managers make firing and lay-off decisions in order to improve corporate performance, all
the while harming the targeted individuals and even undermining the commitment and energy
of the survivors. Even when managers complete performance appraisals and deliver
performance feedback, they may inspire one employee and devastate another. For each HR
practice, there are winners and there are losers: those who get the job, or receive a portfolio
of benefits, and those who do not. It is therefore a reality of organizational life that managers
engage in acts that harm people. These tasks have important consequences for individuals,
organizations, and society. Although individuals might prefer to avoid per forming them
altogether (Bazerman, Tenbrunsel, and Wade-Benzoni 1999; Folger and Skarlicki 1998;
Tesser and Rosen 1975), failure to accomplish these tasks threatens the greater good for
which they are intended.
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One of the main reasons behind successful businesses failing, profitably running businesses
suffering from a downfall and some effective corporations seeing a great fall in their profits
and popularity is due to the lack of business ethics. A true understanding of the right and
wrong and the ability to distinguish between them is ethics. Ethics is an important part of life
and running a successful business is no exception to this.
Business Ethics
What is ethics? Ethics are moral principles that govern a persons or groups behavior.
Business Ethics can be defined as written and unwritten codes of principles and values that
govern decisions and actions within a company. Business Ethics can also be used to
describe the actions of individuals within an organization, as well as the organization as a
whole.
Ethics is one of the most important things that need to be addressed in running a business.
When businesses discuss ethics it usually consists of: avoid breaking any criminal law’s in
one’s work-related activity, avoid actions that may result in civil lawsuits against the
company, and avoid actions that make the company image look bad. The failure to
understand business ethics can lead to a business closing down or getting sued. It can also
lead to a bad reputation, injury, or even death.
For a business to achieve long-term profits, customer relationship is of utmost importance.
A business must be based on ethics in order to gain a long –term relationship with the
customer. When a customer trusts a company they will continue to do business with them,
as well as tell family and friends about the service.
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ETHICS IN RECRUITMENT AND SELECTION
INTRODUCTION
Ethics are the principles or standards that guide day-to-day business activities in accordance
with established corporate values. Ethical business conduct offers a wide range of
organizational integrity, involving strategy, business goals, policies and activities. Among
ethical values are trust, respect, honesty, responsibility and the overall pursuit of perfection.
RECRUITMENT: refers to the processes followed by organisations when they wish to
attract applicants for vacant or new positions.
SELECTION: follows the recruiting process with the appointment of the most suited
applicant to the position.
Ethics in the field of hiring, staffing and recruitment is based on a combination of things
and depends on who is actually involved in the hiring process. Certainly the job searcher,
hiring manager and recruiter are just three possible people involved in a hiring decision.
RECRUITMENT AND SELECTION
Recruitment refers to the process of finding possible candidates for a job or function,
undertaken by recruiters. It may be undertaken by an employment agency or a member of
staff at the business or organization looking for recruits. Advertising is commonly part of the
recruiting process, and can occur through several means: through newspapers, using
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newspaper dedicated to job advertisement, through professional publication, using
advertisements placed in windows, through a job centre, through campus interviews etc.
Recruitment is understood as the process of searching for and obtaining applicants for jobs
from among whom the right people can be selected. Recruitment is the process of locating &
attracting qualified candidates for Job vacancies within an organization. It is the two way
process; it satisfies the organization strategic requirement It helps candidates to assess the
job, the organization and whether they meet the position requirement.
SELECTION- is the process of carefully screening the candidates to choose the most
suitable persons for the job vacancies to be filled. Under it the qualifications, experience and
background of applicants are evaluated in the light of job requirements. It is the process of
dividing the candidates into two categories, namely (a) those who are to be employed, and (b)
those who are to be rejected. It is called a negative process because unsuitable candidates are
eliminated or rejected in order to identify the suitable candidates. The number of candidates
rejected is much more than those actually selected. Moreover, tests, interviews and other
techniques of selection are more reliable for rejection of unsatisfactory candidates than for
identifying the ideal candidates. Selection is always done after recruitment. The basic purpose
of selection is to choose the right type of candidates to fill various positions in the
organisation.
Selection is a multistep process. It involves a series of steps by which candidates are screened
to identify the most suitable persons for the job. Selection is a difficult process as it involves
discretion and judgement. The selectors have to find out the best possible fit between the job
and the candidate. The candidates who meet the job requirements in the most satisfactory
manner are finally selected.
IMPORTANCE OF SELECTION-
Selection is an important function of personnel management. Errors committed at the time of
selection may prove very costly. If the selection process is faulty, unsuitable candidates are
appointed. As a result, the efficiency of the organisation goes down. Such persons shirk work
and absent themselves from work quite frequently. They may ultimately leave their jobs. This
leads to waste of time and money spent on their selection and training. Proper selection and
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placement of personnel are essential for building up a suitable work-force. It helps to improve
the efficiency of operations and the morale of employees. The rates of labour turnover and
absenteeism can be kept low through proper selection of employees. Selection of the right
person for each job helps to improve the quantity and quality of performance. It also assists in
minimising wastage and cost of resources. Proper selection helps in building up a competent
and satisfied work force.
When right type of candidates is selected for all jobs, work efficiency and job satisfaction
will be high. Rates of labour turnover and absenteeism will be low. Once wrong persons are
selected and made permanent in their jobs it is very difficult to terminate them. Such persons
become a great liability to the enterprise. The performance of a manager depends partly on
his subordinates. Employees without necessary skills and attitudes will do a poor job. The
performance of management and the company will suffer. Proper selection is also important
because costs of recruitment and selection are high.
Recruitment and selection process held an important role for building a strong sales force
performance. This process requires the company to invest through human capital as an
important resource. The objective of this process is searching for qualified candidates to fulfil
the right positions and hopes that they can make long-run returns for the company. Even
though there is no right or wrong way how the company chooses the right candidates for
certain positions, every single step in recruiting and selecting candidates should be taken
carefully in order to get the right person in the right position.
There are few problems associated with inadequate implementation of recruitment and
selection process such as :
1. Inadequate sales coverage and lack of customer follow-up
2. Increased training costs to overcome deficiencies
3. More supervisory problems
4. Higher turnover rates
5. Difficulty in establishing enduring relationships with customers
6. Suboptimal total sales force performance
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The company that acknowledge these problems, tries to minimise it and set their own
approach, therefore the process of recruiting and selecting people would differ from one to
another company. It depends on type of industry, the size of the company, company’s
activities, and the needs of the company such as the goals of the company which will be
achieved in a certain period of time, short term or long term profits and the sustainable
growth of the company.
In its process, clear defined of job qualifications and job descriptions will help the company
to acquire the right person in the right position. This will make the recruiter’s job easier to
find the most suitable person for the company because it limits and narrow down the number
of applicant based on certain requirement of the company.
Today, in every organisation personnel planning as an activity is necessary. It is an important
part of an organisation. Human Resource Planning is a vital ingredient for the success of the
organisation in the long run. There are certain ways that are to be followed by every
organisation, which ensures that it has right number and kind of people, at the right place and
right time, so that organisation can achieve its planned objective.
The objectives of Human Resource Department are Human Resource Planning,
Recruitment and Selection, Training and Development, Career planning, Transfer and
Promotion, Risk Management, Performance Appraisal and so on. Each objective needs
special attention and proper planning and implementation.
For every organisation it is important to have a right person on a right job. Recruitment
and Selection plays a vital role in this situation. Shortage of skills and the use of new
technology are putting considerable pressure on how employers go about Recruiting and
Selecting staff. It is recommended to carry out a strategic analysis of Recruitment and
Selectionprocedure.
With reference to this context, this paper is been prepared to put a light on Recruitment and
Selection process. This paper includes Meaning and Definition of Recruitment and Selection,
Need and Purpose of Recruitment, Evaluation of Recruitment Process, Recruitment Tips.
Sources of recruitment through which an Organization gets suitable application. Scientific
Recruitment and Selection, which an Organization should follow for,right manpower. Job
Analysis, which gives an idea about the requirement of the job. Next is Selection process,
which includes steps of Selection, Types of Test, Types of Interview, Common Interview
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Problems and their Solutions. Approaches to Selection, Scientific Selection Policy, Selection
in India and problems.
Recruitment and Selection are simultaneous process and are incomplete without each other.
ETHICAL ISSUES IN RECRUITING
• Organisations comprise employees who need respect as people.
• Streamlining has lead to downsizing or right-sizing of organisations. Those
employees who are left behind often mistrust management and feel insecure about
their own jobs.
• Job insecurity can result in stress for the employee which increases the likelihood of
mistakes being made or accidents occurring
• As organisations become more complex with fewer employees, legislative
requirements become crucial to maintain the psychological well-being of employees.
• Legislative requirements include: EEO legislation, Affirmative Action legislation,
Worker’s Compensation Acts and Regulations and so on.
• Discriminatory recruitment practices may inhibit the success of women or people
from minority backgrounds, but also older applicants.
CODE OF ETHICS FOR EMPLOYERS-
Treat all jobseekers equally
No discrimination based on race, origin, religious or political views, gender, age or
sexual orientation Do not request Jobseekers to include their photos in the resume
Rely only on relevant and job-related information when making hiring decisions
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CODE OF ETHICS FOR JOBSEEKERS-
Ensure Resume accuracy
Accept and expect employment history verification
Assume personal responsibility for publishing resume, pictures and other.
DISCRIMINATION IN EMPLOYEMENT ON THE BASIS OF
UTILITY, RIGHTS, AND JUSTICE-
The arguments mustered against discrimination generally fall into three groups namely
utilitarian, rights, justice.
UTILITY : The standard utilitarian argument against racial and sexual
discrimination is based on the idea that a society’s productivity will be optimized to
the extent that jobs are awarded on the basis of competency. Different jobs, the
argument goes, require different skills and personality traits if they are to be carried
out in as productive manner as possible. Furthermore, different people have different
skills and personality traits. Consequently, to ensure that jobs are maximally
productive, they must be assigned o those individuals whose skills and personality
traits qualify them as the most competent for the job.
Insofar as jobs are assigned to individuals on basis of other criteria unrelated to
competency, productivity must necessarily decline. Discriminating among job
applicants on the basis of race, sex, religion, or other characteristics unrelated to job
performance is necessarily inefficient and, therefore , contrary to utilitarian principles.
RIGHTS: Non utilitarian arguments against racial and sexual discrimination may
take the approach that discrimination is wrong because it violates a person’s basic
moral rights. Kantian theory for example, holds that human beings should be treated
as ends and never as means. At a minimum, this principle means that each individual
has moral right to be treated as a free person equal to any other person and that all
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individuals have a correlative moral duty to treat each individual as a free and equal
person.
Discriminatory practices violate the principle in two ways. First, discrimination is
based on the belief that one group is inferior to the other groups, that blacks, for
example, are less competent or worthy of respect than men. Racial and sexual
discrimination, for instance, may be based on stereotypes that see minorities as “lazy
or “shitless” and see women as “emotional” and “week” such degrading stereotypes
undermine the self esteem of those groups against whom stereotypes are directed and
thereby violate their right to be treated as equals. Second discrimination places the
member of group that are discriminated against in lower social and economic
position: women and minorities have fewer job opportunities and are given lower
salaries. Again, the right to be treated as a free job and equal person is violated.
JUSTICE : A second group of non utilitarian arguments against discrimination
view it is as a violation of the principle of justice. “Social and economic inequalities
are to be arranged so that they are attached to offices and positions open to all under
conditions of fair equality of opportunity.
DISCRIMINATORY PRACTICES-
Regardless of the problem inherent in some of the arguments against discrimination, it is
clear that there are strong reasons for holding that discrimination is wrong. It is consequently
understandable that the law has gradually been changed to conform to these moral
requirements and that there has been a growing recognition of the various ways in which
discrimination in employment occurs. Among the practices now widely recognized as
discriminatory are the following.
RECRUITMENT PRACTICES
Firms that rely solely on the word-of-mouth referrals of present employes to recruit new
workers tend to recruit only from those racial and sexual groups that are already represented
in their labour force. When a firm’s labour force is composed of only white males, this
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recruitment policy will tend to discriminate against minorities and women. Also, when
desirable job positions are only advertised in media that are not used by minorities or women
or are classified as for men only, recruitment will also tend to be discriminatory.\
SCREENING PRACTICE
Job qualification are discriminatory when they are not relevant to the job to be performed.
Aptitude or intelligence tests used to screen applicants become discriminatory when they
serve to disqualify members from minority culture who are unfamiliar with the language,
concepts, and social situations used in the tests but who are in fact fully qualified for the job.
Job interviews are discriminatory if the interviewer routinely disqualifies women and
minorities by relying on sexual or racial stereotypes. These stereotypes may include
assumptions about the sort of occupations “proper” for women, the sort of work and time
burdens that may fittingly be “imposed’ on women, the ability of women or minority person
to maintain “commitment” to job, the propriety of putting women in “male” environments,
the assumed effects women or minorities would have on employee morale or on customers,
and the extent to which women or minorities are assumed to have personality and aptitude
traits that make them unsuitable for a job. Such generalizations about women or minorities
are not only discriminatory, they are also false.
PROMOTION PRACTICES
Promotion, job progression, and transfer practice are discriminatory when employers place
white males on job tracks separate from those open to women and minorities. Seniority
systems will be discriminatory if past discrimination has eliminated minorities and women
from the higher, more senior positions on the advancement ladder. To rectify the situation,
individuals who have specifically suffered from discrimination in seniority system should be
given their rightful place in the seniority system and provide with whatever training is
necessary for visors, promotion policy will be discriminatory to the extent that supervisory
rely on racial or sexual stereotypes.
CONDITIONS OF EMPLOYMENT
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Wages and salaries are discriminatory to the extent that equal wages and salaries are not
given to people who are doing essentially the same work. If past discrimination or present
cultural traditions result in some job classification being disproportionately filled with
women or minorities steps should be taken to make their compensation and benefits
comparable to those of other classification.
DISCHARGE
Firing an employee on the basis of race or sex is a clear form of discrimination. Less balatant
but still discriminatory are layoff policies that rely on a seniority system, in which women
and minorities have the lowest seniority because of past discriminations.
SEXUAL HARASSMENT
Women are victims of a particularly troublesome kind of discrimination that is both overt and
coercive: They are subjected to sexual harassment. Although males are also frequent victims.
For all acknowledge frequency, sexual harassment still remains difficult to define and to
police and prevent.in 1978, the Equal Employment opportunity commission published a set
of “guidelines” defining sexual harassment and setting out what, in its view, was prohibited
by the law.in their current form, the guidelines state:
Unwelcome sexual advances, requests for sexual favours and other verbal or physical
contacts os sexual nature constitute sexual harassment (1) when submission to such
individuals made either explicitly or implicitly a term or condition of an individual
employment,(submission to or rejection of such conduct by an individual is used as the basis
for employment decision affecting such individual, (3) such conduct has the purpose or effect
of unreasonably interfering with an individual’s work performance or creating an
intimidating, hostile or offensive working environment.
How can we promote ethical practices
How can we promote ethical practices within our field and reduce the negative stigma
attached to the 'headhunter'? As there is no policing agency that oversees recruiting practices,
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ethics must be self-enforced. Ethical behavior begins with the definition of roles and
responsibilities when interacting with candidates, clients, and other recruiters. One of the
ways in which recruiters can foster an ethical relationship from the outstart is by creating a
mission statement or ethical code that emphasizes key values and guiding ethical practices.
Ensuring that agreements are in writing can resolve complicated issues more quickly, both
protecting your interests and allowing you to be upfront in relationships.
Additionally, it is important to examine what is occurring around you. Detecting and
effectively handling unethical behavior is central to maintaining upstanding business
practices. Although the bulk of this article places ethical responsibility on the recruiter, it is
important to remember that commitments are made from all sides when entering into the
hiring process.
Candidates must also grapple with ethical issues, being honest throughout the process, from
interviewing, to selection, to accepting an offer. Misinforming a recruiter to obtain an
interview or cinch the job can place recruiters in compromising positions with clients. Both
parties have a responsibility to maintain ethical standards.
The benefits of ethical practices during each step of the hiring process are numerous.
Recruiters often build their client bases through referrals. Both clients and candidates will
refer business to reliable, high-quality recruiters. Upon placement, candidates have no loyalty
to recruiters and poor practices may quickly become public knowledge. As in other
industries, we all have a responsibility to uphold the reputation of our profession. Our daily
business practices reveal a professional standard against which we all are measured. We
should use this daily opportunity to reflect a positive image.
A brief review of why the selection decision is so difficult and hence why so many defensive
mechanisms are used, will both throw light on the subject and raise the ethical dimension
again. Firstly, the inherent difficulties in the selection decision. Given that human beings are
complex entities, and that all the mental activity that sits behind overt behaviour is invisible
to the observer, finding an objective way of define the capability available in the candidate is
a challenge from the start. Given that organisations are just groups of (complex) human
beings transacting together in a common cause – well, at least that’s the theory! – then there
is a large extension to the level of complexity involved, and the job of objectively defining
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what is needed for success in a job is possibly even more challenging than defining what is
available in candidates.
Those two difficulties add up to a serious challenge for the knowledge and skills of the
person making the selection decision - this is the third challenge. There is, however, an
assumption in all of this that needs airing. It is about the objectives to be achieved through the
selection decision. If they are about fit with the culture and style of the business, that would
lead in a particular direction. If they are about fit with the rest of the management team, the
Direction would be different. If they are abut the new manager being able to project the right
image of the company, that would lead to yet another different direction.
If the desire is for someone who will be a good team worker, and a safe pair of hands, the
direction would be different again. If the key is experience of the industry, and especially if
‘good contacts’ are the order of the day, then the direction shifts once more.
If thesis for someone who will be a good team worker, and a safe pair of hands, the direction
would be different again. If the key is experience of the industry, and especially if ‘good
contacts’ are the order of the day, then the direction shifts once more.
If these are the objectives, then there are a lot of tools and techniques out there, to assist with
the decision. They range from the standard selection interview, through aptitude tests, critical
reasoning tests, psychometric inventories, emotional intelligence inventories and even
graphology, all the way through to 'motivation in action' profiles.
The problem is that all of these tools and techniques only make sense if the objectives are as
suggested above. If, however, the objectives are rather more prosaic and useful, then the tools
and techniques noted above make no sense whatsoever. If there are selection objectives that
are grounded in reality, they will be all about whether or not the new manager will be able to
perform adequately in the job – the performance objective.
Will this person deliver the business results that are needed? Both in output terms and in
terms of the resources consumed on the way? Implicit in all this is the need to motivate and
carry people through the achievement of the business objectives, coping with complexity and
a rapidly changing environment along the way, as that is what managing is all about.
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The ‘performance objective’ reduces the focus of the selection decision down to skills and
only skills. As there is no evidence of a causal relationship between personality, hand writing,
experience, aptitudes or any other characteristic assessed by the various ‘state-of-the-art’
inventories out there, on the one hand, and the performance delivered by the assessed
manager, on the other, there is only one possible justification left for using them. That is the
defence mechanism noted above.
That raises the ethical dimension again. Is it ethical to rely on varieties of the standard
selection interview and defensive assessments, and ignore the skills issue that is central to
achieving required business results? If the skills issue is ignored, then the manager making
the selection decision is playing Russian roulette with the candidate, and leaving that person
to suffer the consequences if the selection decision is wrong. Even worse, is when managers
making poor selection decisions punish the new manager twice.
First, is the transformation from success into failure; second is when the ‘failing manager’ is
fired by the very same manager who created the problem in the first place – by the poor
selection decision.
ETHICAL CONSIDERATIONS: DECISION-MAKING AND EMPLOYMENT
Recruitment and selection is an area of decision-making that requires thorough attention,
accompanied by best practice guidelines to ensure that risks of corruption and unfair practices
are minimised. Fortunately, recruitment and selection decision-makers have a wide range of
material to guide their decision-making. Within the South African context we have the
following material available to guide our decision-making in recruitment and selection.
FRAMEWORK OF LEGISLATION AND KEY SET OF VALUES CONCERNED
WITH EMPLOYEMENT
FRAMEWORK OF LEGISLATION-
The following legislation applies to various stages in the recruitment, selection and placement
processes:
Labour Relations Act 66 of 1995
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Basic Conditions of Employment Act 75 of 1997 (updated)
Employment Equity Act
Skills Development Act 97 of 1998 (updated) and SAQA
Occupational Health and Safety Act
Unemployment Insurance Fund Act
Pensions Fund Act
Receiver of Revenue
Smoking and Other Workplace Legislation
Medical Schemes Act and Regulations
Codes of Good Practice
Public Holidays Act 35 of 1994,amended by 48 of 1995Promotion of Access to
Information Act
Promotion of Equality and Prevention of Unfair Discrimination Act
Protected Disclosures Act Electronic Communications Acts
Insolvency Act
National Credit Act 34 of 2005
South African Constitution and Bill of Rights
COMPANY POLICY-
Company policy refers to guidelines, circulars, memoranda, policies and procedures
published by the relevant organisation and should be freely available on the Intranet of the
organisation.
BEST PRACTICE GUIDELINES IN RECRUITMENT AND
SELECTION--
Best practice can be viewed as a well defined procedure, technique, method, process, activity,
incentive or reward that is known to produce near optimum results. It is usually regarded as
more effective at delivering a particular outcome than any other technique, method, process,
etc. When applied to a particular condition or circumstance. It also focuses on delivering the
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best results with the least amount of effort, by applying procedures that have proven
themselves over time.
A specific best practice guideline is generally applicable to a specific condition or
circumstance and can be modified for similar circumstances. Best Practice can transform or
mature as the industry discovers new developments.
Human is the most important resource to an organization. Issues associated with
human resources occur as a result of employees working together. These issues are by
far the largest category of ethical dilemmas in business.
Recruitment or hiring process is the first step in selecting human resource into
an organization, and will significantly influence the successful performance of the
organization.
Ethics plays a very important role during the recruitment of new employees. Law
and regulations dictate that we have to be ethical in hiring. However, ethical hiring
practice goes beyond them as well.
It has been widely reported by many researchers that ethical hiring practices actually
result in better employees being recruited.
It is therefore important that sound ethical rules are followed when hiring a new
employee.
ETHICAL RULES TO BE FOLLOWED BY AN ORGANISATION
WHILE RECRUITING –
It is of vital importance that candidates are to be selected based on merits.
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Applicants are to be hired based purely on merits such as knowledge, skills, and
ability in accordance to the needs of the organization.
If a company provides any special considerations, for example affirmative
action, where certain groups are given special considerations, these
considerations should be well stated in the company's policy statement.
In any case, any preferential treatment should be one that is legally allowed.
While preferential treatments to certain specific group may be allowed, there
should be no discrimination to people from any other group due to race, religion,
gender, marital or even pregnancy status.
Consistency and objectivity during the recruitment process are very important.
Criteria, including any changes in the criteria, used for evaluating candidates
should be stated and explained to order to avoid unnecessary claim of biasness in
the recruitment process.
Objective evaluation results in the best employees being recruited while
consistency ensures high morale among employees.
When we recruit new employees, we should tell the applicants about the true
state of the organization.
We should not mislead the applicants. In particular, the applicants should
be told all pertinent information, including those information that are not
publicly known but that will materially affect the new employee's future
employment prospect with the organization.
EXAMPLE--We can learn from the case involving Phil McConkey. Phil McConkey was
recruited but he was not aware that the company was in the process of being taken over
by another entity. One year after joining the company he lost his job with he new
company. He sued the company for with-holding important information from me during
the recruitment process. He won the case and was awarded $10 million.
We should never place misleading job advertisement in order to get applications
if we are offering a job contract different from what we advertised for.
For instance, if we want to engage independent contractors instead of normal
salaried employment.
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The reason why we choose to engage independent contractors is that we do not
have to be burdened with high salary cost for employees that are not competent,
but we are willing to compensate employees according to performance.
We should always state clearly our terms of employment. In any case, we do not
want to be accused of any job scam.
We have to be extra careful when we are recruiting employees from
organizations that have
material dealing with us include our suppliers, customers and competitors. If we
are not careful ethical issues very damaging to us can arise.
When we employ somebody from our suppliers, the suppliers may feel that we
have unethically poached their good employee. After all, it is through the
working relationship we have with the suppliers that we can to know the quality
of this employee.
When we employ somebody from our customers we can be accused of returning
favor to that person. This rule applies especially when employing a former senior
government employee that has an influence on the awards of contracts to an
organization like yours.
Also, be careful not to employ former government employees for the purpose of
lobbying for contracts from their previous government departments. At least,
do not do so within the first two years of the employee leaving the government
service.
It is also not very wise to employ somebody from our competitors because we can
be accused of stealing trade secrets from our competitors. If that employee can
pass on his previous employer's secrets unethically, what is there to sop him
from passing your trade secrets to others?
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KEY SET OF VALUES
According the Independent Commission against Corruption following are viewed as key
values that apply to Recruitment and Selection:
Impartiality: all stages of the recruitment process should be impartial and Objective
in its execution
Accountability: all stakeholders in the recruitment process should be accountable for
all their decisions and ensure proper record keeping to support such decisions
Competition: the pool of potential candidates must be maximised to the extent that it
is practicable and appropriate
Openness: factors impacting on recruitment and selection must be clear to all
stakeholders involved, and the decision-making processes should be transparent,
whil maintaining confidentiality with regards to the candidate
Integrity: recruitment and selection practices must be carried out in accordance with
relevant guidelines, codes or rules.
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CASE STUDIES
The following case studies illustrate some of the key values in the context of various common
areas of complaint in recruitment and selection:
CASE STUDY 1: MAXIMISING THE FIELD
Joe has been acting as the IT manager for 18 months when it was decided to advertise the job.
His Director prepared the advertisement without specifying any recruitment for qualifications
or extensive experience in information technology, which had previously been part of the
selection criteria. The Director decided to advertise the job internally. Joe was the sole
applicant and was appointed to the position permanently without an interview.
REMARKS:
Receiving one application does not mean that is necessarily the best person for the job
– but could indicate that the job has not been advertised widely enough to maximise
the potential field of applicants.
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Perceptions of favouritism may result if the job that requires technical skill, tertiary
qualifications or industry knowledge is advertised without requiring such
competencies. It may appear that the Director deliberately removed such selection
criteria that appeared previously, but may have precluded Joe from getting the job.
WHAT CAN BE DONE INSTEAD?
Acknowledge the importance of maximising the pool of applicants
Specifying the qualities sought from applicants, in addition to specific knowledge
required,may broaden the field – e.g. instead of having knowledge of a specific act,
the candidate can show he/she has the ability to interpret legislation.
Ensure that potential candidates are not discouraged from applying for a job for
reasons other than the content of the job advertisement; for example: advertisements
placed in journals to which few people have access or managers making statements
regarding the competitiveness or lack of competitiveness of applicants.
CASE STUDY 2: PUTTING IT ALL ON PAPER
( WWW.ICAC.NSW.GOV.AU, 2002 )
A large State Government department (International) advertised to fill the position of
Director,Corporate Services, reclassified in a recent evaluation of its Senior Executive
Service structure.Three short-listed applicants were interviewed and the selection panel
offered John the job.Shortly afterwards, the ICAC received a complaint alleging that John
knew he had been appointed to the position before the interviews were held and got the job
because he had worked for the department before. The ICAC asked the department to report
on the matter.The department wanted to prove the recruitment process was above board so its
Internal Auditor reviewed the files. He was surprised that the cull checklist did not show how
applicants met the selection criteria and that there were no notes from the interviews. He also
found that the selection panel report contained only the recommended applicant’s name and
the convenor’s signature (no date or title of the position, no recommended salary, no reasons
for recommendations and no eligibility list).
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The selection panel claimed that John was not appointed to the position before the interview
and was clearly the best person for the job. However, the Auditor found no evidence to
support this claim, making it difficult to assess the matter. Consequently, the department
could not satisfy the ICAC that the recruitment process was fair.
REMARKS:
Better record keeping would have supported the department’s claim that the process
had been all above board.
The way staff is recruited sets the standard for induction and the culture of the
organisation.
WHAT CAN BE DONE INSTEAD?
Sound record keeping includes a selection report that includes the following:
Specific assessment methods utilised
Reasons for the candidates’ unsuitability and reasons for selecting/ de-selecting prior
to the interview.
General notes or comments on each applicant interviewed, with reference to each
selection criterion.
Establish the reasons for the successful applicant being chosen over the rest of the
pool of candidates.
Include names of referees who were contacted and include notes taken from referee
checks
Notes made by each member of the selection panel should be retained on the
recruitment, together with the selection report.
ETHICAL CONSIDERATIONS: A MODEL OF ETHICS FOR
THE EMPLOYMENT PROCESS
Ethical Model: Recruitment & Selection
Van der Westhuizen (in Brand, 2008, p.208) states that there is an increase in appreciation for
ethics management and the positive economic impact it has on the performance of
organisations.
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PHASE 1:
During phase one, a job analysis is conducted to compile a job description and job
specification. The advertisement is then compiled based on criteria specified in the job
description. It is essential that the method of advertising does not lead to discrimination or
exclusion of applicants. When considering initial applicants, they should be compared to the
minimum criteria in the advertisement. Eliminations are then done according to the
guidelines in the company recruitment and selection policy and procedures.
haseob AnalysisCompile
PHASE 2:
During phase two, applications are acknowledged by sending out a letter to all the
applicants. Applications are screened based on criteria from the advertisement making use
of the same decision criteria for all the applications. Thereafter, a regret letter is sent to
applicants that did not pass the initial screening.
PHASE 3:
Phase three includes conducting interviews of all applicants that meet the criteria. The
interview should be asked the same questions of all applicants and should exclude anything
discriminatory. The assessments are then conducted by using instruments that are valid and
reliable. Final assessment scores and information from the interview are integrated for the
applicants. Next, final interviews are conducted with short-listed applicants and an offer is
made to the successful applicant. It is essential that all documentation relating to the
recruitment and selection process is completed accurately.
ETHICAL CONSIDERATIONS: THE USE OF PSYCHOMETRIC ASSESSMENTS
The Health Professions Council of South Africa regulates the health professions in the
Republic of South Africa with regard to registration, education and training, professional
conduct and ethical behaviour. Below are some ethical considerations pertaining to
psychometric assessments from their ethical guidelines document, Form 94.
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When making use of psychometric assessments, it is important that they are seen to be
one part of the selection process and are not solely relied on to make decisions
regarding the employment of an individual.
The psychometric assessments should predict success in the work situation as
accurately as possible. Thus it is critical that the professional conducting the
assessments has knowledge and understanding of the psychological instruments with
which they work.
The psychometric assessments should be reliable and valid, and free from bias or
discrimination against any group of people. According to the Employment Equity Act
No. 55 of 1998, psychometric testing and other similar assessments of an employee
are prohibited unless the test or assessment being used: (a) has been scientifically
shown to be valid and reliable; (b) can be applied fairly to employees; and (c) is not
biased against any employee or group.
The assessment process should be standardised and consistent to ensure that each
candidate being assessed go through exactly the same process.
The professional conducting the assessments should do so within the context of a
professional relationship that is transparent.
Informed consent must be obtained from the individual undertaking the assessment,
informing them of the purpose of the assessments and how the results will be used.
The confidentiality in terms of who will see the results should be clearly explained to
the candidate.
It is the responsibility of the professional to take the necessary steps to ensure that the
results of the assessment are not misused by others in any way. This would include
refraining from releasing the raw test results to any persons other than a qualified
professional.
It is essential that the individual or client organisation to whom the results are
released, understands the ethical implications of how they should make use of the
results.
The interpretation of results should include additional information that has any
bearing on the overall results pertaining to selection such as situational factors.
When communicating the results of the assessment to the client, the professional
should ensure that this is done in such a manner that the individual receiving the
results fully understands those results.
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Business ethics exist to ensure that professionals will consider the interests of the
company above those of personal gain. In today’s scandalous business climate, there are
many concerns regarding ethical behavior. Business Professor, Linda Trevino, suggests that
strong leadership and management practices influence people much more than formal
training programs. The challenge facing HR departments is to find and develop individuals
who will be ethical leaders and mentors. This case study will examine the roles of senior
managers and the usefulness of mentoring to foster an ethical environment.
Mentors do whatever is necessary to help their protégés careers. They offer education and
counseling, but their biggest and most important job is to be a role model. Management
behavior has the most impact on ethical standards in the workplace. Senior Executive
managers are responsible for creating an environment where people can see others being
treated fairly. These managers must respond positively and in a timely matter to any ethical
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concerns brought to them by employees. They should also foster the positive environment
by rewarding people for acting ethically. When workers feel that they are being treated
fairly and that their concerns are being heard, it will reinforce ethical behaviour in
themselves. In summary, senior managers need to be good mentors. They should set a good
example; be open and fair with everyone alike; and reward ethical behaviour. These actions
will have the most success in fostering ethical employees.
Conclusion
Recruitment and selection form a vital function any business organization, since human
resource is treated as an asset of an organization, ethical issues governing recruitment and
selection has to be taken into cognizance while recruiting and selecting an employee for a
proposed job.
Job discrimination is the major problem prevailing in many organization toady. Job
discrimination is the wrongful acts of distinguishing illicitly among people not on the basis of
individual merit, but on the basis of prejudice or morally reprehensible attitude. Job
discrimination generally fall into three groups viz, utility, rights, justice.
Regardless of the problem inherent in some of the arguments against discrimination, it is
clear that there are strong reasons for holding that discrimination is wrong. It is consequently
understandable that the law has gradually been changed to conform to these moral
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requirements and that there has been a growing recognition of the various ways in which
discrimination in employment occurs.
Discriminatory practices like sexual harassment is another major problem in many
organization, effective majors have been taken to tackle this issue but still the problem
prevails in many organization, effective measures have to be taken to get rid of these issue.
So ethics in recruitment and selection has to be practicised in order to avoid job
discrimination.
Fostering the perception of fairness in the processes of recruitment and hiring of
people-
• Formal procedures
• Interpersonal treatment
• Providing explanation
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