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 antidiscrimination laws if an employer uses them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older). Unless the employer can justify the test or procedure under the law, the use of these tests can also violate antidiscrimination laws if they disproportionately exclude people in a particular protected group.
In this scenario, the garden center management has no experience with screening exams, though some screening exams are necessary; for example, stockers must be able to occasionally lift 50 pounds. Therefore, you must justify the job-relatedness of screening exams, decide if they are really a bona fide occupational qualification (BFOQ), and explain your determination to management.
For this assignment, which is based on the legalities of screening exams, prepare a recommendations report, directed to management, about the employment screening exams used in the hiring process at the garden center. Address the following topics in your recommendation:
- Compare the different employment screening exams required for job-relatedness and business necessity.
- Analyze the legalities of the employment screening exams used during the hiring process.
- Rationalize to management that employment screening exams are sufficiently job related.
- Formulate the organization's strategies for managing and recovering from liabilities.