Evaluate the relative merits of each of these policies and identify any potential legal problems with each of them, setting forth each and every word, phrase or sentence which raises potential issues along with the law that applies. On the basis of your evaluation, select the best policy, then set forth what changes, if any, you would make to the chosen policy in order to improve its legality, practicality and coverage.
Evaluation of each and every policy
Policy 1 Merits :
Demerits:
Policy 2 Merits
Demerits:
Law: layoff due to discrimination on the basis of Ranking covered under the Discrimination Act.
Policy 3 Merits:
Demerits
Law : if the age of employee is 40 or above they will come under The Age discrimination in Employment Act 1967 and Old work Benefit Act.
Law: layoff due to discrimination on the basis of seniority covered under the Discrimination Act.
Policy 4 Merits:
Demerits:
Hence these are the following and merits in each of the policy.
From the above discussion according to me Policy 4 should be adopted with some modifications.
The modifications are as follows
Evaluation of Proposed Policies:
CREATIVECOUNT Proposed Policy 1: This policy is based on continuous improvement evaluation and lays off employees based on their most recent evaluation. While the emphasis on continuous improvement is positive, potential issues may arise in the fairness and subjectivity of evaluations. The appeal process may help address some concerns, but it may not guarantee complete fairness.
CREATIVECOUNT Proposed Policy 2: This policy uses a normal distribution of performance to rank employees, and layoffs are based on the performance ranking. While it introduces a structured evaluation process, potential issues arise with the use of a forced ranking system. Forced ranking can create unhealthy competition and may lead to biased evaluations.
CREATIVECOUNT Proposed Policy 3: This policy evaluates employees based on seniority and the most recent evaluation, without considering seniority during layoffs. While seniority-based evaluations can be straightforward, basing layoffs solely on the most recent evaluation may lead to potential discrimination issues if there is a pattern of giving negative evaluations to specific groups.
CREATIVECOUNT Proposed Policy 4: This policy evaluates employees based on skills, knowledge, performance, and personal contribution to diversity. It prioritizes layoffs based on the most current evaluations, emphasizing performance and diversity. However, potential issues may arise in defining and measuring personal contribution to diversity, which could lead to subjective evaluations.
Identifying Potential Legal Problems:
Policy 1: The subjectivity in evaluations and the lack of clear criteria may result in discrimination claims or disputes over fair evaluations.
Policy 2: Forced ranking systems can lead to employee morale issues and potential discrimination claims, as they may disproportionately impact certain groups.
Policy 3: Basing layoffs solely on recent evaluations without considering seniority could lead to age or other protected class discrimination claims.
Policy 4: Subjective evaluation of personal contribution to diversity may lead to discrimination claims if not applied fairly and consistently.
Selecting the Best Policy and Proposed Changes:
Among the proposed policies, Policy 4 seems to be the most balanced and comprehensive, as it considers performance, diversity, and continuous improvement. To improve its legality, practicality, and coverage, the following changes could be made:
Clearly Define Diversity: Provide specific criteria and guidelines for evaluating an employee's personal contribution to diversity to ensure fair and consistent assessments.
Train Evaluators: Conduct training for supervisors to minimize bias in evaluations and ensure that they are equipped to assess employees objectively.
Regular Review of Evaluation Process: Conduct regular reviews of the evaluation process to address any concerns or issues that may arise and make necessary improvements.
Incorporate Employee Feedback: Include employee feedback as part of the evaluation process to enhance transparency and employee engagement.
Establish Appeal Mechanism: Implement a fair and transparent appeal process for employees who feel their evaluations are unjust, providing a platform for their concerns to be heard.
By making these changes, Policy 4 can be strengthened to provide a fair, objective, and comprehensive evaluation and layoff system that aligns with CREATIVECOUNT's values and promotes a positive work environment for its employees.
CREATIVECOUNT is an accounting services firm, which operates in all 50 states and has over 10,000...
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