However, at the Federal public service, since their existence is to serve the nation at whole it will not be pragmatic applying diversity as stipulated in Grutter & Gratz in their Supreme Court judgment. When such is applied at the federal public service, public servants tend to operate at cross interest, thus conflict and conflict resolution would be the order of the day. Thus, such an argument is compelling when it is applied only to public service at the state level. The argument becomes difficult one to execute when it is to be applied for the federal public service, which is a body that should operate indivisible.
1. SUPREME COURT REASONING ON EMPLOYER LIABILITY IN FARAGHER As the employee and public servants have responsibility to perform their official obligation, so do employers of labor have the legal responsibility to secure the safety and create a conducive working environment for their employees. The ruling by the Supreme Court on employer liability in Faragher is a good move. This will make employers of labor take responsibility to ensure that their employees operate in a safe and conducive working environment.
Furthermore, this proclamation and Supreme Court ruling would ensure that the right tools are put in place and workers safety and welfare are properly taken care of. Human Resource management (HRM) entails conceiving the workers in an organization as the most vital resource in the effectively attainment of the organization’s goals and objectives. In the private sector, human resource services are conducted in a way that the corporate objectives and goals of the organization are to be achieved by the workers, while at the same time the organization would make workers comfortable by meeting their personal objectives and goals in life.
The flexible structures of private organization make them adopt new management tools and technology than public organizations that are bureaucratic in nature. The ritualistic adherence to rules by public organization makes it difficult to implement principles of human resource management. The private organizations in contemporary times have advanced to strategic human resource management (SHRM) where subordinates contribute to the initiation of strategy for the organization.
This again would be far achieved in public organization as the rule expects that seniority should be respected in all activities guiding the operations of civil servants. Subordinates civil servants are expected to work always according to laid down rules, and thus they cannot operate on their own intuition or discretion. The American public knowing fully well that civil service is slowed down in its decision making as a result of bureaucracy, it becomes difficult for them to have confidence in their practice of human resource services, even when the fairness and integrity is seen as a an underscore of the implementation process.