Questions and Topics We Can Help You To Answer:
Paper Instructions:
Read Ch. 2, Incident 2, “Illegal Hiring.” Understanding ethics, the role HR plays in development, support, and holding employees accountable is vital to the overall sustainability of an organization. To be a solid and effective HR professional knowledge of business principles, employment law, and ethics are imperative to the ability to execute in a value-added manner for the organization.
INCIDENT 2 Illegal Hiring
The Foreign Corrupt Practices Act (FCPA) prohibits U.S. companies from bribing foreign officials; yet, the number of violations each year is staggering. Some violations center on the use of unethical HR practices. For example, the banking industry has been investigated for its internship and full-time employment hiring practices. The Bank of New York Mellon Corp. (BNY Mellon) gave internships to family members of foreign government officials. The bank’s leadership intended to maintain or increase business with a Middle Eastern sovereign wealth fund. Internship programs are legal and BNY Mellon has a legitimate internship program, but these internships were awarded outside the accepted procedures and criteria used in its program. The U.S. SEC issued a cease-and-desist order, stating that “Delivering them [internships] ‘was seen by certain relevant [bank] employees as a way to influence the officials’ decisions.”129 This is the first cease-and-desist order of which internship hiring was the subject. Phillip Bezanson, a Bracewell & Giuliani Law LLP (firm) partner stated that “the concept of ‘anything of value’ under the FCPA can be ‘really abstract.’. . .”130 In the end, the bank agreed to pay a $5 million penalty, give up $8.3 million, and pay $1.5 million in interest.131
Write a 700- to 750-word analysis of the incident, “Illegal Hiring.” Include the following in preparing your response:
Start with a critical analysis of what took place in the scenario.
Identify what role HR should play as a strategic business partner in addressing this incident and explain the rationale. (Consider HR principles and employment law points in your response).
Summarize a recommendation of what should have been done in response to learning about the facts in this incident. (avoid use of first person language in your writing)
Discuss what factors in this incident might influence a company to make less-than-ethical decisions. (Consider factors that may be personal drivers of the individual and operational/sales type factors)
Summarize and provide a brief policy that would help an organization like the one in “Illegal Hiring” make sound and legal hiring decisions within the framework of the law and support a culture of diversity and inclusion.
Include a minimum of 3 sources to support your work comprised of the course text and 2 peer reviewed journal articles (see Announcements section for definition of a peer reviewed journal source). Government and professional organization websites are good sources but will be considered as additional sources to the 3 required. Keep in mind that usage of the text must extend beyond merely citing the scenario.
Format the paper to APA standards. There is a template in the Announcements section to help with proper formatting of the cover page. There is another handout posted in the Announcements section that has the main general rules of APA
