Free Essay. Illegal Hiring Analysis

Human resource management is a very critical aspect of business management. The primary role of HR is to align the hiring process with business strategies and objectives. The hiring process is rather complex and involves a careful analysis of the process to establish legal issues at play. One area that has attracted the interest of human resource scholars is nepotism in the hiring process. Nepotism in the hiring process has become an underlying challenge that should be analyzed to improve service delivery and overall business operations (Villegas et al., 2019). This study paper interrogates, investigates, and analyzes the Bank of New York Mellon Corp as a case study in a bid to understand the legal hiring concept of business management.

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The Role of HR in Addressing Illegal Hiring

In the Bank of York Mellon Corp, HR should be robust as a strategic business partner in addressing illegal hiring. The HR department should be at the forefront of ensuring that there are adequate internal controls, which prohibit preferential treatment of officials' relatives in the hiring process (Villegas et al., 2019). Besides, this control should be designed to provide sufficient guidance to identify those employees that have been hired illegally. Furthermore, it is of utmost importance that HR follows the outlaid laws that govern the hiring. These laws should be combined with internal hiring controls to come up with clear, precise, and strict hiring strategies (Hughes, 2019). Undoubtedly, HR should also carry regular human resource compliance audits. Compliance audits are essential in that they help in identifying mistakes and risks that may be unidentified but may prove harmful to the business. Human resource compliance is vital in understanding whether internal controls and government laws were followed in the hiring process. HR should also be robust in tackling illegal hiring cases. It ought to tough on any individual on any individual who was accountable in the hiring process.

What I Would Have Done

The first thing I would have done on learning about the facts of the incident would have been handling those accountable. By doing this, I would have discouraged this culture of illegal hiring. Also, I would have been involved in overhauling the internal regulations governing the hiring process. Such an overhaul would focus on professional development rather than having a general policy. Consequently, I would have aligned HR and business goals and strategies (Villegas et al., 2019). On the same note, I would ensure that I am an ethical leader who leads by example to avoid any preferential treatment of employees. Besides, I would try as much as possible to instill ethics in the HR department. I would also be careful in analyzing cases where there would be a conflict of interest. This is particularly so because conflicts of interest are harmful to the business. After understanding where conflicts of interest might arise in the hiring process, I would make sure that these conflicts are avoided. Also, I would have ensured that all employees of the company have undergone through electronic verification to identify any other areas of conflict of interest. I would also do a SWOT analysis of the existing hiring mechanisms to find the areas that can be corected.

Factors Influencing Less-than-Ethical Decisions

Various factors usually influence decisions made by a particular business department. A decision is generally reached after a collaborative effort among multiple departments (Villegas et al., 2019). Thus, it is a combination of various factors across the board. These factors include:

• Lack of clarity of communication about the laws and regulations that govern the hiring process.
• Lack of ethical leadership.
• Poor professional development goals.
• Misalignment of hiring and business strategies
• Lack of strategic planning in the hiring process that would have otherwise identified areas of conflict of interest.
• Lack of regular compliance audits.
• Lack of a background check on employees, including doing verification through E-Verification.

A Brief Policy

Undoubtedly, every organization should have a clear policy that should govern the hiring process within the law framework. It would be crucial to ensure that the organization implements diversity and inclusion practices in avoiding illegality (Villegas et al., 2019). Diversity and inclusion practices should not only cut across race, class, and gender. It should be focused on making every individual hired in the organization to feel like they belong. Thus, the process of hiring should be meant to have a diverse workforce. However, this should be done within the legal framework and to hire the right talent (Hughes, 2019). To have the right talent, HR should hire indiscriminately. Thus, issues like race, nation of origin, sex, and religion should not be a hindrance to being recruited.

The hiring policy should expressly be that hiring results from the need for a particular talent. If the hiring process is talent-focused, then the issue of diversity and inclusion would have automatically been addressed. Thus, the HR department must have a clear and precise policy on the hiring process. Such a policy should be communicated across all levels of hiring in the organization.

References

Hughes, C. (2019). Workplace Hiring and Retention. In Ethical and Legal Issues in Human Resource Development (pp. 79-100). Palgrave Macmillan, Cham. https://link.springer.com/chapter/10.1007/978-3-319-99528-1_5

Villegas, S., Lloyd, R. A., Tritt, A., & Vengrouskie, E. F. (2019). Human Resources as Ethical Gatekeepers: Hiring Ethics and Employee Selection. Journal of Leadership, Accountability, and Ethics, 16(2).

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