PAD530 Assignment 3
PAD530 Assignment 3
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Date Created: 11/14/15
VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE 1 THE VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE Week 7 Assignment 3 Joseph Brown Dr Udoh E Udom PAD530 February 20 2013 VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE 2 Laws Affecting the Department of Veterans Affairs Analyze at least three 3 laws and court decisions that have implications to the agency s personnel management In order for the Department of Veterans Affairs to be effective constructive and cooperative and to have a good working relationship between subordinates and mangers laws of equal protection must exist which in terms is essential to achieving the agency s mission and to ensuring a productive work environment for all employees For the purpose of this assignment the following three Personnel management laws will be discuss The Rehabilitation Act of 1973 the Civil Rights Acts of 1964 and the Whistleblower Protection Act of 1989 The Rehabilitation Act of 1973 According to the US Equal Opportunity Commission This law makes it illegal to discriminate against a qualified person with disability in the federal government and also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an employee An example of this is the court decision on Petted v Department of Veterans Affairs on December 14 2011 According to the Office of Federal Operation summer 2012 The Equal Employment Opportunity Commission EEOC overturned an administrative judge s findings of the VA had taken sufficient steps to reasonably accommodated Petted and offered GS6 clerical position to be accepted The EECO held that the Department of Veterans Affairs failed to make a good faith effort to accommodate Raymond Petted after gaining disability onthejob when it failed to reassigned him to an available vehicle operator Petted as an air conditioning equipment mechanic the GS6 clerical position was inappropriate as it was not equivalent in terms of pay VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE status and other related factors as required by the Rehabilitation Act The Rehabilitation Act emphasizes the participation that reassignment plays in the reasonable accommodation process To avoid court law suites federal employers should exercise due diligence in exploring reassignment of last resort The Civil Rights Acts of 1964 According to the Department of Veterans Affairs VA will not tolerate discrimination or harassment on the basis or race color religion national origin sex pregnancy gender identity parental status marital status sexual orientation age disability genetic information political affiliation or retaliation for opposing discriminatory practices or participating in the discrimination complaint process An example of this is the court decision on Barnette V Department of Veterans Affairs on May 11 2012 According to the CaseLaw website 2013 The Equal Employment Opportunity Commission overturned an administrative judge s finding of no discrimination in the Barnette s 2006 GS13 nonselecting and prompted that it was motivated by racism Barnette who filed an EEO complaint in 2007 regarding his nonselection and another nonselection for a lateral position alleging race discrimination was compensated the GS13 position and retroactive back pay The Whistleblower Protection Act of 1989 According to the CRS report for Congress The Whistleblower Protection Act provides statutory protections for federal employees who engage in whistleblowing that is making a disclosure evidencing illegal or improper government activities An example of this is the court decision on Parikh v Department of Veterans Affairs on January 3 11 The Merit Systems Protection Board overturned an administrative judge s finding of Dr Parikh failed to establish that he reasonably believed these disclosures evidence a substantial and specific danger to public health or safety The board disagreed and found that 3 VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE 4 the nature of the harm that could result from patient care and management issues that Dr Parikh disclosed is severe and could result in patient death MSPB 2013 Furthermore the Board found that the Department of Veterans Affairs couldn t establish by clear and convincing evidence that it would have removed Dr Parikh in the absence of his protected disclosure Dr Parikh s removal was reversed by the board VA Personnel Recruitment and Hiring Practices Analyze at least ve 5 of the major components of the agency s human resource system s goals and practices regarding the recruitment and hiring of a diversi ed workforce including race ethnicity gender age and sexual orientation The five major components of the Veterans Affairs Human Resource System regarding the recruitment and hiring for a diversified workforce are Workforce and Succession Planning OneVA Marketing and Recruitment Program Training and Development Program VA Individual Development Plans and The OneVA HR Strategic Plan VAHR amp Strategic Plan 2010 The VA uses such components transforming the their Human Resource Function to ensure that VA has the right people in the right jobs with the right skills and abilities with a true sense of personal value and a commitment to providing high quality service to veterans The VA Workforce and Succession Planning This plan is a critical part of VA s human capital program With this plan the VA utilizes their new information systems to identify a particular pool of internal candidates of the VA for new openings The objective of this program is straight forward therefore such objectively functioning human capital program provides an adequate pool of qualified expecting VA employees for those that would be departing and new openings VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE 5 OneVA Marketing and Recruitment Program This plan allows the VA to focus on hiring veterans and increase its minority outreach programs so that they can re ect the Nation s workforce The VA also inherent in such program a recruitment activities as their responsibility to ensure that all veterans and minorities have a career plan so that they and their managers know what lies ahead and what training they need to acquired Training and Development Program This program allows VA to collaborate with internal and external stakeholders and partners to identify develop and integrate tools and systems that meet business needs VA also uses this program to formalize their links between training and career progression in their leadership development programs VA Individual Development Plans In this plans VA ensures career mapping It is done in such a way where VA developed career maps for all their employees at all levels to support their career progression Such VA commitment is vital for transformation within their HR environment where managers and supervisors have the ability to effectively manage worker ensure continuity of leadership and sustain a learning environment that spins continuous improvement in performance And the last is The OneVA HR Strategic Plan This plan was created to ensure critical and integral participation of HR and administrations The Department of Veterans Affairs is an agency with multiple functions and separate operational entities Therefore the OneVA HR Strategic Plan establishes a exible human capital program that will support and sustain the variety of personnel requirements that make today s VA VA Ethics and Diversity Training VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE 6 Evaluate the agency s approach to ethics and diversity training programs provided for new and existing employees highlighting the strengths and weaknesses The Department of Veterans Affairs training program on ethics and diversity is important to set clear rules to establish critical legal protections It provide a clear understanding of what diversity is and what it isn t by raising a greater awareness and sensitivity to diversity issues that go well beyond the assumed categories Furthermore for the VA to remain competitive in today s diverse and global workplace they should also focus on their culture and the ability of their employees to effectively collaborate From personal experiences VA employees have lots of individual differences that impacts employee productivity and engagement The VA needs to equip their employees to understand and support their differences as it is critical Moreover in the absence of ethics and diversity training VA employees would often struggle to pilot the complexities of today s modern workplace It also damages the work environment and undermines key mission objectives of the VA VA Recommendations for Recruiting and Training a Diversified Workforce Recommend at least two 2 actions the agency could take to improve in the areas of recruiting and training a diversified workforce Whether for compliance with antidiscrimination laws or from a productivity standpoint it s very imperative that the Department of Veterans Affairs continuously engaging in the act of creating a more diverse workforce Some areas for recommendations are The VA should Offer Language Training and make use of Current Staff On the issue of recommending that the Department of Veterans Affairs offering language training during its recruitment improves workplace opportunities for limited English candidates VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE 7 Moreover it allows the VA to recruit from a diverse base of candidates as it excludes language barriers as a reason for not selecting a qualified applicant According to the Workforce Diversity Network website the Society for Human Resource Management says providing or paying for training in English as a second language is a way to improve diversity This is so important due to the facts that immigrants perform a strong vital role in translating VA benefits to veterans of diverse backgrounds The second recommendation is making use of Current Staffs Employee retention is important to the long term health and success of the VA A longer serving employee ensures patient satisfaction increase in productivities satisfied coworkers and effective succession planning Moreover there are cost effects that are associated with employee exiting the VA Some of the cost effects are lost knowledge insecure coworkers and costly candidate search Making use of current staffs is one of the primary measures of the health of the VA VA LAW AND ETHICS OF HIRING A DIVERSE WORKFORCE References CaseLaW 2013 Barnette V Department of Veterans Affair Retrieved on February 22 2013 From httpcase1aWfind1aWcomus6thcircuit1350341htm1 CRS 2012 The Whistleblower Protection Act An Overview Retrieved from httDZWWWfaSOI ESEDCI SnatSGCRL33918Ddf MSPB 2011 Parikh v Department of Veterans Affairs Retrieved on February 19 2013 From httpWWWmsrbgovnetsearchviewdocsasDXdocnumber563783ampversion565437 ampapp1icationACROBAT Office of the Federation 2012 Vol XXIII No3 Retrieved February 23 From httpWWW1eeocgovlfederaldigestxxiii3cfmrenderforprint1 US EEOC 2012 Laws Enforced by EEOC Retrieved from httpWWWeeocgovlawsstatutesindexcfm VA 2012 Officer of Diversity and Inclusion Retrieved from httpWWWdiversitvvagovpolicvstatementasnx 8
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