Ask Business Law & Ethics Expert

1. Would you advise an employer that operates retail clothing stores to drug test? If so, under what circumstances? Using what procedures? What should be done regarding applicants or employees who test positive?

2. Staffing experts widely regard tests of general cognitive ability to be the best predictors of success at a wide range of jobs. What are the legal implications of relying on such tests?

3. Jobs are being transformed. Employers are increasingly focusing on processes rather than individual jobs. More work is being done in teams, with team members expected to be capable of taking on each other's functions. What are implications of this for validating tests or other selection criteria? Has it become more difficult to determine what is "job related?"

4. It is often said that one of the benefits of a diverse workforce is that employees will better understand and relate to their diverse customers. Does this justify making hiring decisions on protected class grounds? Assigning work so that the protected class characteristics of employees and customers match? If not, what should employers do?

5. Are workplace appearance and grooming policies necessary? If so, what policy would you recommend with regard to office workers who have some contact with clients/customers? To what extent should the policy differentiate between male and female employees?

6. To what extent do you think that caregivers are discriminated against in the workplace? Do existing laws go far enough to protect caregivers?

7. Do you think that the "glass ceiling" phenomenon is primarily a pipeline problem that will disappear over time as women and persons of color acquire the relevant experiences or is it rooted more deeply in organizational cultures and practices hostile to the advancement of women and minorities?

8. In our culture, the general perception is that with youth, comes energy, imagination and innovation. With age comes decreasing interest, lack of innovation and imagination, and a lessening of the quality of the person. How do you respond to these notions? What other age-related stereotypes might be evident in your workplace? What can managers do to prevent perpetuating stereotypes and making discriminatory hiring decisions?

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