Employee and Labor Relations Interviewing prospective employees is an essential
ID: 462392 • Letter: E
Question
Employee and Labor Relations
Interviewing prospective employees is an essential part of the staffing process, to ensure the organization is outfitted with the most qualified individuals for the job. In an effort to seek out the most qualified candidate, employers ask various questions. Asking questions is not a problem; however, the type of questions asked could lead to potential issues.
Whether intentional or not, questions asked during the interview can be discriminatory in nature. The two types of discrimination that can occur during the interview process are direct discrimination and adverse impact. Direct discrimination occurs when applicants are treated disparately because of their classification (i.e. race, color, religion, national origin, sex and/or disability). Adverse impact adverse impact occurs when facially neutral employment practices negatively affect some selected groups of people more than others.
SCENARIO: Press Play Electrics requires applicants to take a cognitive and physical agility test, as part of the interview process. As a result, due to their inability to successful complete one, or both, of the requirements, there has not been a woman nor minority hired by the company in the past three years. The agility test is not directly related to the positions being sourced.
Questions:
Is there a problem with the Press Play Electrics' requirements? If so, what?
Are these requirements discriminatory? If so, what type (direct or adverse impact)?
If a lawsuit was filed, who do you believe would prevail and why?
SCENARIO: Ms. Kathryn Phillips is being interviewed for a position as accountant, by Mr. Nathan Daniels. During the interview, Mr. Daniels questions Ms. Phillips' willingness to work overtime during on Christmas, Passover, Easter, or Eid Al-Fitr. Ms. Phillips' indicated she would be reluctant to work during the named holidays. As a result, she was not hired for the position.
Questions:
Can employers ask a prospective employee about the different holidays he/she celebrates?
Do you believe Mr. Phillips' inquiry was discriminatory? If so, what type (direct or adverse impact)?
If you believe discrimination took place, what is the protected group?
What would you advise the employer?
Explanation / Answer
Scenario 1:
Yes, the company can relax certain selection criteria for women and minority if it doesn't impact the job requirement
Yes, these requirements are discriminatory and its nature is direct discriminition
It depends upon the job requirement whether lawsuit can charge company or not.
Scenario2:
No, the employers cannot ask a prospective employee about the different holidays he/she celebrates as it comes under non-ethical questions.
The Enquiry was discriminatorybecuse the employer may want to know about the person's religion or beleif. It is again a case of direct discrimination.
Protected Class is religion
The employer should evaluate a person on the basis of one's capability rather than its willingness to work overtime on selected holidays.
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