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.
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 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 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.
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
- Finally, offer your opinion regarding the reasons you are for or
against the outcome of your case, along with your supporting rationale.
A Business Research Library Guide has been created to help direct your research in this program.
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). SAGE.
- 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.