Week 2 - Discussion 2 - HR Mgmt- Initial post due by Thursday (tomorrow) by 8pm CST

Discussion - Week 2

Learning Resources

Please read and view this week's Learning Resources before you complete the Discussion.

Reading

• Course Text: Walsh, D. J. (2016). Employment law for human resource practice (5th ed.). Boston, MA: Cengage Learning. 
  
  

• • Chapter 4, "Recruitment"
    
    

    Chapter 4 explores how discrimination can harm the recruitment mechanisms and hinder equal employment opportunities. The chapter describes how recruitment mechanisms, including want ads, employment agencies, nepotism, and word of mouth, can be potential instruments of discrimination. In addition, the chapter explains why discrimination is the primary concern regarding pre-employment inquiries - application forms and interviews.

    Focus on the Harrison v Benchmark Electronics Huntsville case to understand whether an individual without a disability has a cause of action under the Americans with Disabilities Act (ADA). ). The Spears v. Amazon. Com case provides an excellent example misrepresentation and compensation. 

• • Chapter 5, "Background Checks, References, and Verifying Employment Eligibility"
    
    Chapter 5 deals with various legal issues that may arise when an employer conducts background checks. These issues include negligent hiring, defamation, and noncompliance with the requirements of the Fair Credit Reporting Act and the Immigration Reform and Control Act (IRCA). The chapter also describes elements of claim in cases involving negligent hiring and defamation.
    
    Focus on the Navarete v. Naperville Psychiatric Venturescase, an interesting negligent hiring case. Finally,  Ketchikan Drywall Services v. Immigrations & Customs Enforcement was a case about violations of Employment Verification.
     
  • Chapter 6, "Employment Tests"
    
    Chapter 6 considers the legal implications of testing procedures, including drug tests, medical examinations, human immunodeficiency virus (HIV) tests, genetic tests, polygraphs, honesty tests, psychological tests, intelligence and skill tests, and physical fitness tests. The chapter also describes how these tests can be used to discriminate against prospective employees and lead to claims such as invasion of privacy.
    
    Focus on the  EEOC v Dial Corp. cases. In addition, consider the Lanning v SEPTA (I) case, which deals with the legal implications of using physical fitness tests.
    
    
  • Chapter 7, "Hiring and Promotion Decisions"
    
    Chapter 7 highlights the legal issues surrounding promotional decisions. The chapter considers the legal implications of facially discriminatory requirements, physical appearance standards, and other subjective criteria.
    
    Focus on the Lewis v Heartland Inns of America case. This is an interesting case dealing with a sex stereotype—the alleged lack of 'midwestern look' when needed to work at the front desk.