Nancy is a ten year experienced registered nurse working the evening shift in the post-operative ward at Haig Memorial Medical Center. Nancy wants to finish her graduate degree requirements and the needed courses are only offered in the evenings. Nancy ‘s supervisor, informs the staff of an upcoming opening in the morning shift and advises them of the application deadline. Based on past experience, Nancy knows that her supervisor has already filled the position with one of her closest friends and that Nancy ‘s completing an application and interviewing for the position is nothing more than an exercise in futility.
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The ideal, legal and ethical hiring practice principally involves interviewing the applicants for the position. The interviews should be carried out in such a way that there is no bias or prejudice and the potential candidates should be given an equal opportunity to compete fairly on a level playing field. This will be an advantage to the organization in the sense that it will be able to carry out a thorough interview that gets for them the most qualified and deserving candidate for the position unlike in a situation where the post is filled without fair interviewing. The employee needs not assume that somebody has been given the job but instead attend the interview. The employee should focus on her accomplishments and contributions to her current job and explain that she is pursuing the evening classes with the intent of improving her performance and competence. Nancy also needs to confirm if the company provides for any pre-termination rights if they were followed. (Kim Isaacs 2005)
The employee should be aware of her rights especially in line with the legal issues pertaining to employment and contract termination. If her contract is terminated prematurely and without good reasons then she can seek legal redress and she must be able to provide evidence of any perceived discrimination including: gender, race, nationality, and disability if any and take the most appropriate action including legal redress. (Mel Muskovitz, 2008)
Nancy should do the following to ensure that the recruitment and selection process is fair and consistent with the requirements of federal and state laws on hiring practices: Nancy should follow the hiring procedure to the letter. She should write an application letter and present her curriculum Vitae, attend the interview and raise any concerns during the interview. If these regulations are not followed and canvassing is done instead, she can appeal to her boss and state why she thinks she qualifies for the job. In any firm, the principle behind giving one person the job over the other is the level of education and experience among other key competencies. If the employee deems it fit to continue with her education as a part time student and not interfere with her studies, the firm should encourage her. If any ideal profile of characteristics is used for the hiring, then Nancy realizes she fits the same then she can request to be considered for the job. She should raise her concerns to the panel of interviewers including that of her close confidant having been tipped of the position prior to the interview.
Nancy can take the following steps in case of retaliation or discriminatory termination of contract. She should file a retaliation law suit since such an action is against her civil rights Nancy should provide proof or evidence of retaliation claim by a form of the same, She must also prove that she was involved in a protected activity exemplified by a filled form of discrimination claim and that she suffered a serious employment action and that the adverse action was as a result of the protected activity. Nancy should also seek Compensation advice from consulting firms for appropriate advice on what she expects to be paid. (Compensation Resources, Inc.2000)
She can involve the conciliators or mediators in case a sacking follows her action which of cause is correct. She can also involve the affirmative action officers, coordinators to investigate and resolve her grievances. The E.E.O.C. (Equal Employment Opportunity Commission) Protects the workers against discrimination on the basis of refusal of flexible work arrangements and stereotypes that those who are deemed care givers are less committed to their job and less deserving of promotions and salary increments. Her employer is also prohibited from retaliating against her grievances regardless of the circumstances. Nancy should request the EEOC to enlighten all the staff about their rights during a staff meeting.(GreatFX,2008)
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