Wal-Mart Legal Compliance and Job Analysis
BUS530- Human Resource Management
[ July 17, 2011 ]
The Title VII lawsuit by the Equal Employment Opportunity Commission (EEOC) was a justified result of sexual harassment and mismanagement by Wal-Mart. Wal-Mart could have taken several steps within Human Resource (HR) policy to help deal with this incident, prevent further incidents, and ensure the defendant was properly employed in a safe environment [ (EEOC v. Wal-Mart Stores, Inc., 2003) ].
Wal-Mart failed to prevent a hostile work environment for the defendant of the EEOC case in that the Bakery Manager’s actions prevented her from performing her duties without fear of his sexual advances. Wal-Mart’s failed Human Resource strategy in this case to simply remove her from the position was not enough to solve the problem. Wal-mart failed to reprimand the Bakery Manager, failed to re-enforce or set in place written standards to prevent future abuses, failed to document the occurrences and failed the defendant in providing another comparable form of position [ (EEOC v. Wal-Mart Stores, Inc., 2003) ].
Wal-Mart should review their HR documentation covering harassment, correct any policy issues that need to be addressed, establish a posted, open policy with mandatory reviews by all employees at least once per year, and create and encourage easy access for reporting cases to HR for review without fear of reprisal and investigate ways to prevent opportunities for this type of behavior to occur. Some solutions to consider are to ensure that there are always three or more employees on the job at the same time where no two employees are alone to ensure the behavior is preventable or witnessed for proper recourse. Employees can also attend company sponsored computer based, video or live conferences on harassment, and other work place HR related seminars to encourage training and learning about the importance of the issues and how to handle them. Wal-Mart may offer a benefit where counselors are available for those who have concerns or have need to talk about experiences they have had. By taking a positive position against such behavior and being supportive of those affected by it, Wal-Mart stands to gain more loyalty and employee satisfaction and increase morale [ (EEOC v. Wal-Mart Stores, Inc., 2003) ].
Job analysis is the systematic collection of data around a particular job and the tasks required to fulfill that role. This also entails looking at the work environment and determining the resources and conditions that are necessary to perform the necessary tasks of the job. This is an important function as it clearly defines what is expected of the employee by the employer for the stated position. There are several key components of the job analysis process. They are getting organized, choosing jobs, reviewing knowledge, selecting job agents, collecting job information, creating job descriptions, and creating job specifications [ (Stewart & Brown, 2009) ]. The Job Analysis Process and Getting Started
The first step in the job analysis process begins with getting organized. It is here where a company decides what jobs need to be analyzed and who from the within the company or externally will do the analysis. A competent Human Resources person who is familiar with this type of department is best suited to perform the analysis. However, if Wal-Mart wants an objective viewpoint an external review would be best. Hiring a third party contractor provides an outside perspective to the review as they have no direct ties to the company. Another advantage is removing the analysis work burden from an internal employee who is working on other ongoing projects. This allows for efficiency as both projects can continue at the same time. This perspective can present a problem however, as the outside analyst does not know the...