Illegal Hiring in a Modern Business Environment: Role of HR and Ethical Implications

About Illegal Hiring

What Would You Have Done In Response To Learning About These Facts?

What Factors In This Situation Might Influence a Company To Make Less-Than-Ethical Decisions?

Identify What Role Hr Should Play As a Strategic Business Partner In Addressing This Incident. 

The main aim of this paper will be to discuss about the illegal hiring and its aspects in the modern business environment globally. Identification of a role that the human resource should play as a strategic business partner in addressing this incident will be laid in this paper along with summarizing what need to be done in response to learning about the facts in this incident. The factors related to this incident that may influence a company to make less-than-ethical decisions will also be discussed. A brief policy will be summarized that will help an organization along with legal hiring decisions within the framework of the law that will also support a culture of diversity and inclusion within the organization.

Illegal hiring can be termed as getting employment by using fake or negative reference by the employer, or refusing to give any kind of references manky because of colour, race, sex, religion, age, national origin, genetic information and disability. This may happen with any organization from any kind of business sector around the world. For example, a negative or false reference used by the human resource management of an organization under the law that has been enforced by Equal Employment Opportunity Commission is termed as illegal. The rules and regulations or the laws related to this part also restrict the usage of neutral employment policies and practices. Recruiting an employee by using illegal processes hampers the ethics within an organization and hampers the flow of the business operations. For example, the internships that are performed by the banking institutions in the region of the United States involves some illegal hiring processes, for which the customers gets affected to avail the services of the respective banks or financial institutions (Hall & Greenman, 2019).

It can be stated in this context that the role of the human resource manager will play an integral part here, or in the context of illegal hiring. One strategic process that a business house may follow to stop the illegal hiring is the careful and consistent completion of I-9 forms, which is made to be a mandatory process for all the fresh recruitments, routine auditing or check-up of the I-9 forms and reverifying the expired date of the validity of an employee who is working currently in the region of the United States. In order to do this, free and voluntary programs need to be undertaken by the employer to avoid illegal hiring. It can be noted in this context that there are about 11 million illegal immigrants who are hired or employed by different business entities in the region of the America.

Role of The Human Resource

In this context, it can be said that the student first need to prepare a report where all the details of illegal hiring of the organization to which the student is associated. First if all, the penalties need to be understood by the student, so that it stops the employer from hiring of any undocumented immigrant. If such cases occur, then civil as well as criminal penalties need to be paid by the employer based on the total number of illegal workers hired by that business house. After this, the evidences need to be gathered, which should include the name of the organization along with its location, the nationalities details of the undocumented employees and the employee social security or identity numbers (Chomsky, 2014).

But one thing need to be kept in mind in the time of gathering the evidences, and that is to avoid the breaking of the law or rules and regulations. The investigation should be left with The United States Immigration and Customs Enforcement (ICE), who possess the power to prosecute the employer if they are found guilty. Decision need to be taken whether the student should disclose his or her name or not at the time of presenting the report. Apart from all these, calls can be done to the employer who is hiring undocumented immigrants. Reporting can also be made through online tip form that will be available in the official website of The United States Immigration and Customs Enforcement (ICE). Reward may be offered by this institute in case of successful reporting of this illegal hiring, which is done by many organizations across the region of the United States (Ice.gov, 2020).

There are certain factors for which a particular organization decides to choose something unethical approaches in the context of hiring of fresh candidates. One of the major factors is the business environment on which that company operates their businesses, where situations do arise where unethical approaches need to be taken. Creation of an unethical work culture also plays an important part in illegal hiring of employees in a particular organization. Another major factor is to meet the unexpected targets or the excessive pressure that is given by the higher management to meet unrealistic performance targets. This is very much relevant in the banking sector in America, where many employees are hired without any valid documents, so that the targets can be achieved by the bank and can enjoy the competitive edge over other players on the market place (Nguyen, 2014).

It can be stated in this context that a policy need to be framed and should be circulated to all the companies in the region of America, so that no employers can break the rule of hiring undocumented workers (Vaughan, 2015). A document needs to be signed by the employer as well as the employee, where all the details of the proof will be provided and duly signed by both the parties. This will help to prevent the process of illegal hiring in those business organizations, as fear will be there of sacking the license of operating the business for lifetime or facing a hefty amount which will be very difficult to be paid by the employer. Cultural diversity need to be followed on priority basis by the management of the employer, for which reward facilities need to be designed, the details of which will also be given in the newly designed policy. It can be noted that successful maintaining of cultural diversity will help to provide a completive advantage against other business entities. So, this will be the new policy which needs to be designed.

References

Chomsky, A. (2014). Undocumented: How immigration became illegal. Beacon Press.

Hall, M., & Greenman, E. (2015). The occupational cost of being illegal in the United States: Legal status, job hazards, and compensating differentials. International Migration Review, 49(2), 406-442.

Ice.gov. (2020). ICE. [online] Available at: https://www.ice.gov/ [Accessed 20 Jan. 2020].

Nguyen, N. T. (2014). Employer’s use of social networking sites in applicant screening: An unethical and potentially illegal practice. Journal of Business & Financial Affairs, 3(1), 1-2.

Vaughan, J. (2015). ICE Records Reveal Steep Drop in Worksite Enforcement Since 2013. Center for Immigration Studies.