Hiring situations and what an employer must do to comply
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I need help getting started on a paper that discusses the three selected scenarios. In my discussion, I need to include the laws that address the particular hiring situation and what an employer must do to comply. Can you help me out??
o Situation one: The application process requires an employee to complete an online application, submit some additional documents, and take a written exam. The applicant does not indicate on the application any need for accommodations during the hiring process. The applicant comes into the office to submit paperwork and take the test. Based on the applicant's physical situation, the applicant may need assistance. At no time does the applicant request assistance.
o Situation two: You receive a request to fill a department head position. In looking at the current demographics, the department heads are 95% male and 5% female. You have three well-qualified applicants: a white male who is a disabled veteran, a Hispanic male, and a white female.
o Situation three: You are recruiting for a medical facility that provides both inpatient and outpatient care in Niagara Falls, NY. You have difficulty locating nurses in the United States, but you have received several applications for qualified individuals who reside in Canada.
o Situation four: You are hiring for a call center that is located across the street from a day care, five blocks from a private school, and is next to a church. The position requires the individual to receive inbound calls only. The individual will have access to personal information that could expose the caller to identity theft if the information is misused.
o Situation five: You work for a company that has a service contract with the U.S. Department of Defense to provide nursing staff for a military hospital. As part of that contract, you are to provide 50 nurses and 100 nursing assistants. Of these nurses, four are nurse practitioners who will be responsible for the controlled substances on the unit. You are permitted to have three administrative staff onsite to support and manage the contract. The contract requires each employee who has patient contact to receive a physical exam and to complete a drug test. Your company requires any employee handling financial matters to have a drug test and a polygraph test. You are requested to review the legality of the tests administered to employees and to make recommendations to ensure compliance.
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The expert examines hiring situations and what an employer must do to comply.
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Scenario #1
The applicant has not disclosed that he/she has a disability nor is asking for any assistance. The Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability; however, in this situation it is not determined whether or not the organization has 15 or more employees (Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. Assuming the employer falls within these guidelines, it is illegal to assume the person is disabled or requires special accommodations (Title I restricts questions that may be asked about an applicant's disability before a job is offered). However, the employer may ask questions about the ability to perform any specific job functions related to the job the applicant may be applying for and may ask that individual to perform the task (demonstration). If the applicant is hired and is capable of doing his/her job function; however, the facilities require accommodations for their mobility (such as wheelchair access, ADA compliant bathrooms, etc), the employer must comply under the Title I law code.
Situation #2
In this situation, the employer is not required to hire any one individual based on race, creed, color, disability, etc In fact, under Federal Equal Employment Opportunity (EEO) Laws, Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against candidates based on race, color, religion, sex or national origin. The fact that the applicants are Hispanic and a woman should have no bearing on the decision. Title I and Title V of the ...
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