“Legal Issues for HR Professionals” by Woska

Cite this

Introduction

The article by Woska focuses on various issues related to background checking that HR professionals may have to deal with in the workplace. It is noted that many complications are associated with the procedure. Such concepts as defamation and breach of privacy must be highlighted because they are primary causes of most problems (Woska 79). It would be appropriate to review and analyze some of the aspects of reference checking, and the knowledge gained may be applied in the workplace.

On-Time Delivery!
Get your customized and 100% plagiarism-free paper done in as little as 3 hours
Let’s start
322 specialists online

Central Point and Discussion

The primary issue is that most employees are interested in providing only the positive information when writing a resume and try to avoid statements that could reduce their chances for employment. Therefore, an employer is interested in accessing the data that would help to determine if the candidate is the best choice for the job. It is suggested that an employee may sign a waiver agreement that would limit some of his or her privacy rights. The approach is incredibly important because some positions require throughout background checks, and it is not possible if a company does not have access to crucial information. Moreover, numerous embarrassing situations related over the years have happened in the past and indicate that the danger of lawsuits prevents employers from verifying all the provided information.

It is necessary to understand that a company may have to deal with severe consequences if it does not devote enough attention to background checks when appointing a person to a job that requires high levels of trust. Moreover, numerous embarrassing situations related over the years have happened in the past and indicate that the danger of lawsuits prevents employers from verifying all the provided information.

Plan

The current plan is to review all the available information on this subject matter to enhance the understanding of possible weaknesses or limitations. The knowledge is incredibly valuable for all the firms and must be taken into account when developing strategies. A company must consider a broad range of factors when selecting an approach that would be used to hire for every position. All the employees have different responsibilities. Therefore, it would be appropriate to investigate various areas. On the other hand, every individual could require a unique approach, and it would be beneficial to alter the procedure depending on the situation. Additionally, it would be appropriate to contact a lawyer that has experience with such cases to ensure that the firm is protected. Consultations and discussions would be highly beneficial, and expenses on such activities are justified because of the significant reduction in risk factors. A third-party expert would help to conduct the background check and mitigate the risks associated with the procedure.

It is reasonable to provide HR professionals with all the necessary information regarding background and reference checking. Moreover, it is paramount to ensure that the individuals are qualified because lawsuits could lead to enormous losses. They must be instructed to check all the data thoroughly because it helps to minimize risks and avoid harm.

Learned Information

That fact that employers cannot ask questions related to race or gender is incredibly important because all instances of discrimination must be avoided. The problem is that some individuals are still biased towards particular groups of people. Therefore, it is a necessary measure and helps to make the process of employment much fairer. The use of the same standards is incredibly important. The problem is that some candidates may think that questions are discriminatory even when the organization treats all individuals equally, and it may lead to lawsuits. A company must provide candidates with all the necessary information to ensure that they do not suspect discrimination, and they should be treated with respect in case of any disagreements.

One of the difficulties that must be mentioned is that there are two reasons a firm may be reluctant to share the information. First of all, associated lawsuits could damage the company and can be avoided. Additionally, competitors are not interested in providing such data because it could lead to a competitive advantage. Therefore, an employer has to deal with numerous challenges when trying to guarantee the safety of the business.

Yes, we can!
Our experts can deliver a custom “Legal Issues for HR Professionals” by Woska paper for only $13.00 $11/page
Learn More
322 specialists online

Opinions and Suggestions

It is imperative to mention that some of the aspects of this process are rather questionable. For instance, and employee that has acted unethically on numerous occasions or offended clients must understand that such behavior has consequences. Employers may choose to conduct an extensive research or use only the data that is available, but they can be punished in both situations if they are not careful and do not take preventive measures. Therefore, it is possible to state that a particular contradiction is present. The desire to hide the information that could affect the employment is understandable, but it can be unethical. Such level of protection may seem a little excessive in some cases because the primary objective of an employer is to determine if a person fits the job, and there is no intent to defame an individual. Also, the popularity of social media has affected the way some of the information is collected. HR professionals may collect the required data without any difficulties but must understand that it is not reasonable to intrude personal space.

Moreover, another problem that should not be disregarded is that reference checking has other limitations. The problem is that information provided may not always reflect the actual situation. For instance, some firms may let individuals choose the information themselves. Therefore, they may select references that are much more positive than others. Some of them may be fraudulent, and the disinformation could be confusing. Therefore, the level of reliability is relatively small most of the time. Many employees are likely to provide false statements in their resumes, and it is hard to check the information because of all the barriers. This approach helps individuals that made mistakes in the past to change their lives and find jobs that would meet their demands. The need to protect the privacy of individuals is justified, but some of the aspects of current approach could be revised because a company may face a lawsuit even if it has revealed small bits of information that do not affect a person’s life.

Conclusion

In summary, it is possible to state that the understanding of complications and limitations associated with background checks is critical for HR professionals because it helps to minimize the risks and increase the number of positive outcomes. It is a responsibility of the employer to take necessary measures that would protect the interests of all the parties involved. Some of the aspects may seem unreasonable, but a company still has to comply because it could face legal responsibility. An employer must analyze available policies and discuss some of the aspects related to employment with a lawyer. It is beneficial to review cases associated with reference and background checking to determine the approaches that are not acceptable. The introduction of new technologies also may affect the regulations. The current system may have to be improved because many individuals that committed non-violent crimes have issues with employment, and it has a direct impact on their well-being. Overall, it is evident that some of the issues related to reference checking cannot be avoided, but a company that has a well-developed strategy could limit the number of complications.

Works Cited

Woska, William J. “Legal Issues for HR Professionals: Reference Checking/Background Investigation.” Public Personnel Management 36.1 (2007): 72-82. Print.

Cite this paper

Select style

Reference

BusinessEssay. (2022, July 5). "Legal Issues for HR Professionals" by Woska. Retrieved from https://business-essay.com/legal-issues-for-hr-professionals-by-woska/

Reference

BusinessEssay. (2022, July 5). "Legal Issues for HR Professionals" by Woska. https://business-essay.com/legal-issues-for-hr-professionals-by-woska/

Work Cited

""Legal Issues for HR Professionals" by Woska." BusinessEssay, 5 July 2022, business-essay.com/legal-issues-for-hr-professionals-by-woska/.

References

BusinessEssay. (2022) '"Legal Issues for HR Professionals" by Woska'. 5 July.

References

BusinessEssay. 2022. ""Legal Issues for HR Professionals" by Woska." July 5, 2022. https://business-essay.com/legal-issues-for-hr-professionals-by-woska/.

1. BusinessEssay. ""Legal Issues for HR Professionals" by Woska." July 5, 2022. https://business-essay.com/legal-issues-for-hr-professionals-by-woska/.


Bibliography


BusinessEssay. ""Legal Issues for HR Professionals" by Woska." July 5, 2022. https://business-essay.com/legal-issues-for-hr-professionals-by-woska/.