Employee and Labor Relations Interviewing prospective employees is an essential
ID: 462327 • Letter: E
Question
Employee and Labor Relations
Interviewing prospective employees is an essential part of the staffing process, to ensure the organization is outfitted with the most qualified individuals for the job. In an effort to seek out the most qualified candidate, employers ask various questions. Asking questions is not a problem; however, the type of questions asked could lead to potential issues.
Whether intentional or not, questions asked during the interview can be discriminatory in nature. The two types of discrimination that can occur during the interview process are direct discrimination and adverse impact. Direct discrimination occurs when applicants are treated disparately because of their classification (i.e. race, color, religion, national origin, sex and/or disability). Adverse impact adverse impact occurs when facially neutral employment practices negatively affect some selected groups of people more than others.
SCENARIO: Press Play Electrics requires applicants to take a cognitive and physical agility test, as part of the interview process. As a result, due to their inability to successful complete one, or both, of the requirements, there has not been a woman nor minority hired by the company in the past three years. The agility test is not directly related to the positions being sourced.
Questions:
Is there a problem with the Press Play Electrics' requirements? If so, what?
Are these requirements discriminatory? If so, what type (direct or adverse impact)?
If a lawsuit was filed, who do you believe would prevail and why?
SCENARIO: Ms. Kathryn Phillips is being interviewed for a position as accountant, by Mr. Nathan Daniels. During the interview, Mr. Daniels questions Ms. Phillips' willingness to work overtime during on Christmas, Passover, Easter, or Eid Al-Fitr. Ms. Phillips' indicated she would be reluctant to work during the named holidays. As a result, she was not hired for the position.
Questions:
Can employers ask a prospective employee about the different holidays he/she celebrates?
Do you believe Mr. Phillips' inquiry was discriminatory? If so, what type (direct or adverse impact)?
If you believe discrimination took place, what is the protected group?
What would you advise the employer?
Interviewing prospective employees is an essential part of the staffing process, to ensure the organization is outfitted with the most qualified individuals for the job. In an effort to seek out the most qualified candidate, employers ask various questions. Asking questions is not a problem; however, the type of questions asked could lead to potential issues.
Whether intentional or not, questions asked during the interview can be discriminatory in nature. The two types of discrimination that can occur during the interview process are direct discrimination and adverse impact. Direct discrimination occurs when applicants are treated disparately because of their classification (i.e. race, color, religion, national origin, sex and/or disability). Adverse impact adverse impact occurs when facially neutral employment practices negatively affect some selected groups of people more than others.
SCENARIO: Press Play Electrics requires applicants to take a cognitive and physical agility test, as part of the interview process. As a result, due to their inability to successful complete one, or both, of the requirements, there has not been a woman nor minority hired by the company in the past three years. The agility test is not directly related to the positions being sourced.
Questions:
Is there a problem with the Press Play Electrics' requirements? If so, what?
Are these requirements discriminatory? If so, what type (direct or adverse impact)?
If a lawsuit was filed, who do you believe would prevail and why?
SCENARIO: Ms. Kathryn Phillips is being interviewed for a position as accountant, by Mr. Nathan Daniels. During the interview, Mr. Daniels questions Ms. Phillips' willingness to work overtime during on Christmas, Passover, Easter, or Eid Al-Fitr. Ms. Phillips' indicated she would be reluctant to work during the named holidays. As a result, she was not hired for the position.
Questions:
Can employers ask a prospective employee about the different holidays he/she celebrates?
Do you believe Mr. Phillips' inquiry was discriminatory? If so, what type (direct or adverse impact)?
If you believe discrimination took place, what is the protected group?
What would you advise the employer?
Explanation / Answer
Scenario 1:
1.Yes, there is a problem with the Press play Electrics requirements since there is no direct co relation with the agility test and the position hence the test is relevant and taking decision on the basis of the test is not valid.
2. Requirements are direct discrimination since they are selecting the candidates on the basis of sex through physical test
3. Lawsuit will be against the Press Play Electrics since their selection process is biased based on the sex but that discrimination has no relevance on the direct position for which they are being hired and tested.
Scenario 2
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