Human Resource Management Case Study (Essay Sample)

Case Study One-Human Resources Student’s Name University Affiliation  Case Study One-Human Resources Every enterprise of a business nature operates within the context of society. Consequently, such an enterprise is exposed to both economic and socio-political forces that affect society as a whole. This macro environment has real implications for business operations within any given jurisdiction. One of the major macro factors that businesses have to deal with is the law as established in the areas in which they are situated. Every business venture has to be executed within certain legal frameworks. It is important to note that more often than not, the law I designed to balance the needs of the different groups within society. However, in quite a number of instances, these needs are conflicting in nature and as such the law making process may not produce unanimously popular outcomes. This paper seeks to examine the conflict between legitimate business needs and legal requirements in the context of human resources management. As many human resources managers have come to find out, the line between legitimate business practices and discriminatory practices can be rather fine. In an environment that experiences immense competition, every business entity strives to achieve a unique identity or to deliver a niche value proposition to its clients. As part of this strategy, these entities adopt branding and operational practices that are intended to set them apart from the competition. In the ‘Golden Dragon’ case, the restaurant owner intends to maintain Asian servers with a view to delivering an Asian dining experience. This decision seems to deny Ms Hidalgo and other no-Asians an opportunity to work at the restaurant. Such an outcome has legal implications that need to be evaluated with a view to gaining an insightful perspective on the issue. In the United States of America, the employment discrimination law consists of many federal and state level statutes that bar discrimination at the workplace. Such discrimination can be on the basis of gender, age, sexuality, race among several other factors. Certain statutes are worthy of mention in this case. For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination during hiring, evaluation and promotion of staff for especially those employers engaged in interstate business with a workforce of more than 15 employees (Cornell University Law School). Therefore under the provisions of this statute, Ms Goh can be accused of discriminative employment practices. However, this statute also offers employers in Ms Goh’s position reprieve in the form of the Bona fide Occupational Qualification (BFOQ) defence. As per this defence, a business can discriminate if the basis for discrimination forms an essential requirement for the operation of the business (Manley, 2009). It should however be noted that the BFOQ defence is not valid for racial discrimination. Therefore any business undertaking discriminatory employment practices on the basis of race can face lawsuits with signifi...