Which of the following items about an employee might an employer have a legitima

Question

Which of the following items about an employee might an employer have a legitimate claim to know, and why?

A job applicant’s social security number

An applicant’s arrest record

An employee’s medical records

An employee’s marital status

Whether a job applicant smokes

An employee’s political affiliation

An employee’s sexual orientation

An employee’s credit rating

Consider the following questions in the assessment of this scenario:

What facts are relevant to your decisions?

What would the consequences be of refusing to answer any questions on an employment application?

Are you basing your decision on particular rights of the employee or the employer?

Are there people other than the employer and employee who might have a stake in what information is released to employers

Explanation / Answer

An employer has a legitimate claim to know the the wmployee's arrest record which falls under the the category of criminal background.

The facts related to the background check of arrest record of an employee by his employer is based on whether the employee has any chances of commiting crime in future which might cause loss to his business or threat to other employees. While considering the arrest record, the employer also consider that that on what reason, the employee was arrested as there be some cases where people get arrested for slight cases like demonstration, violating traffic norms etc.

Employees have the right to privacy in their workplace which abstain them from answering any question on the employment applications. Questions asked to the employees which are considered discrimanatory itself could be avoided by the employee by not filling the employment form. Employers can not force employees for it under the provisional employment act in many countries. But refusing to any answer which are valid to ask might result in losing the job for the employee.

The above mentioned decision is based on the rights of employers as they appoint people on the basis of their business requirement and for the welfare of their organisation. So employer should know the details of his employees whom he is going to appoint.

There are human resource department which needs to know the information of the employee in order to fix the salary and other amenities. Besides in some jobs, the details of the employees are sent to the local police station also.

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