An employer is interviewing applicants for a computer programmer position. The e

Question

An employer is interviewing applicants for a computer programmer position. The employer determines that one of the applicants, Arnold, is the best qualified, but is reluctant to hire him because he disclosed during the interview that he is a divorced father and has sole custody of his son, who has a disability. Because the employer concludes that Arnold's caregiving responsibilities for a person with a disability may have a negative effect on his attendance and work performance, it decides to offer the position to the second best qualified candidate. What employment discrimination claims, if any does Arnold have? What are the potential basis and issue types? Please describe the strengths and weaknesses of his claim. . .

Explanation / Answer

The discrimination clause is interpreting and overlapping the talent which Arnold is having, as an applicant he is having a strong potential of computer programming. But some factors of his family which he had shared with the employers which made the interviewer reluctant to hire as it can affect the company’s growth and work performance in the organization.

As Arnold is having the highest potential for this job and the interviewers are also quite satisfy with Arnold performance but the thing that has taken place when Arnold has shared the fact that he is a divorced father and has a physically challenged son at home which are the key factors that the interviewers thought that it could bring a negative impact on his work and further the offer has been given to the second best-qualified candidates.

The claim is very positive for Arnold side as it the normal case that may happen to any of the employees working for that organization but as he shared the facts that’s why he has lost the opportunity. It is not the ethical activities that an employee should face when he is most deserving and has the potential to work much better than the second qualified applicants. The strength is positive for the side of Arnold and negative towards the side of the employers as they have chosen the wrong aspects by taking the sense of discrimination.

Affirmative action’s states that to provide an equal access to employment, education, and to make the effect of the utility to increase the major rules in government policies so that an equal proportion can be made for both the side so to avoid the discrimination.

Affirmative condition for hiring employees is somewhat highly necessary to be mandated in the organization so that the employers should concentrate on the side of the strength for an employee, it should not use the clause of discrimination, as the internal problems like in family can be anything but it should not come in hiring of the employees when he/she is willing and knowledgeable to do the work. An affirmative implementation is highly necessary to be introduced so that an employee like Arnold should get the opportunity to work and to feed his family.

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