Assignment
Overview
Write a 2-3-page analysis of a legal case that addresses the legalities of employment screening exams used in the selection process.
Employers often use employment tests to screen applicants and to assist in selecting the most qualified individual for the job. They can be very effective tools. There are many different types of tests, including cognitive tests, credit checks, criminal background checks, and medical examinations.
However, it is important to understand the legalities of these employment tests. Their use can violate anti-discrimination laws if an employer uses them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older). The use of these tests can also violate antidiscrimination laws if they disproportionately exclude people in a particular protected group, unless the employer can justify the test or procedure under the law.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
• Competency 1: Examine the effect of the employment process on current work environments.
o Describe important issues in the case.
o Discuss the outcome of the case.
Competency 2: Analyze trends and changes in the laws on diversity, gender, and harassment.
o Discuss the evidence of discriminatory effects.
Competency 3: Apply the laws and safety issues in the workplace.
o Discuss court distinctions.
Competency 4: Implement the mission, vision, and values to impact organizational culture.
o Discuss personal opinion on the outcome of the case.
Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.
o Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.
Context
In Assessments 1 and 2, you reviewed the overall aspects of employment law and trends in the workplace. This assessment introduces you to some of the issues that relate to the selection process and to the monitoring of behavior to sustain good decisions and prevent wrongdoing-a key concept in this course on legal issues. You will begin by looking at the details of the law. You will discern which practices are effective and which only cause extra work when working within the intent of the law.
Employment Policies
Employment policies are the first topic. Many of the earliest contracts were based on a handshake and the trust between two people. However, not everyone was trustworthy. Therefore, it was natural that a system of checks and balances emerged to bolster the contractual arrangement as well as mediate conflict and punish wrongdoing. It is no different in today's environment. Setting up appropriate criteria and using those criteria to make the best decisions is an ongoing challenge.
Diversity
Diversity in the workplace refers to the variety of differences between people within an organization. Diversity encompasses many factors, including race, age, ethnicity, religion, and education. The topic of diversity has had a significant influence on policy and law creation and development, and an organization's success today largely depends on its ability to embrace and manage diversity effectively.
In this assessment, you will examine the impact diversity has had in the workplace by discussing the laws that address discrimination. You are also encouraged to consider affirmative action and Executive Order 11236 as you review this assessment's Questions to Consider.
Questions to consider
To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.
• In your opinion, what are some of the most important things that employers can do to protect themselves from negligence in human resources activities like hiring, retaining, supervising, and training? Include rationale to support your opinions.
• What elements do you think need to be in a diversity training course?
• How would you sell your course to one of the companies you have seen in any of the worst-case settlements?
• Affirmative action and Executive Order 11236 were intended expressly to support the law. Originally they were aimed specifically at government contractors, but now many employers voluntarily choose whether or not they want to adopt a voluntary affirmative action plan. In your opinion, is this something all employers should do? What is your rationale?
Suggested Resources
The following optional resources are provided to support you in completing the assessment or to provide a helpful context. For additional resources, refer to the Research Resources and Supplemental Resources in the left navigation menu of your courseroom.
Library Resources
The following e-books or articles from the Capella University Library are linked directly in this course:
• Gutman, A. (2004). Employment discrimination. In M. Stahl (Ed.), Encyclopedia of health care management (pp. 172-174). Thousand Oaks, CA: SAGE Publications, Inc.
• Nelson, T., & Kleiner, B. H. (2001). An overview of U.S. Supreme Court decisions in employment discrimination cases. Managerial Law, 43(1), 5-11.
• Vertreace, W. (2010). History of employment discrimination in America. Black Collegian, 40(2), 57-58, 60.
• Branch, S., Ramsay, S., & Barker, M. (2013). Workplace bullying, mobbing and general harassment: A review. International Journal of Management Reviews, 15(3), 280-299.
• Cohen, R. (2014). Bullying cripples some workplaces. Employee Benefit News, 28(4), 18.
• Segal, J. A. (2014). Stamping out harassment. HRMagazine, 59(6), 111-112, 114-115.
• Slobodien, A., & Peters, E. (2012). Beyond harassment prohibitions. HRMagazine, 57(11), 75-78.
Course Library Guide
A Capella University library guide has been created specifically for your use in this course. You are encouraged to refer to the resources in the BUS-FP4044 - Legal Issues in Human Resource Management Library Guide to help direct your research.
Bookstore Resources
The resources listed below are relevant to the topics and assessments in this course and are not required. Unless noted otherwise, these materials are available for purchase from the Capella University Bookstore. When searching the bookstore, be sure to look for the Course ID with the specific -FP (FlexPath) course designation.
• Walsh, D. J. (2016). Employment law for human resource practice (5th ed.). Boston, MA: Cengage.
o Chapter 4, "Recruitment, Applications, and Interviews."
o Chapter 5, "Background Checks, References, and Verifying Employment Eligibility."
o Chapter 6, "Employment Tests."
o Chapter 8, "Affirmative Action."
o Chapter 11, "Work-Life Conflicts and Other Diversity Issues."
Instructions
To prepare for this assessment, use the Capella library and the Internet to research a legal case that addresses the legalities of employment screening exams used in the selection process.
Then, complete a 2-3-page analysis in which you include the following:
• Provide a description of the case.
• Summarize the important issues in this case.
• Include a detailed discussion of the outcome.
• Address the evidence of discriminatory effects, and discuss the distinction the court is drawing between job-relatedness and business necessity.
• Finally, offer your opinion regarding the reasons you are for or against the outcome of your case, along with your supporting rationale.
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.