Assignment: Nondiscriminatory Hiring.

Assignment: Nondiscriminatory Hiring.

Assignment: Nondiscriminatory Hiring.

Assignment: Nondiscriminatory Hiring.

The Americans with Disabilities Act of 1990 (effective July 25, 1992), Title I and Title V, prohibits discrimination against persons with physical and mental impairments that substantially limit or restrict the condition, manner, or dura- tion under which they can perform one or more life activities and requires rea- sonable accommodation by employers.

After you have reviewed these EEO laws, keep in mind that federal laws supersede state laws unless the state laws are more restrictive. The Equal Employment Opportunity Commission (EEOC) and the courts are not concerned with intent but with effect. Keep up with the most recent court and congressional changes and interpretations that occur annually and changing events. It did not take long after the wars in Iraq and Afghanistan began and it became common military practice to call up thousands of reservists for our students to report that recruiters were asking them about the type of military discharge they had received while on active duty. Confusion reigned with many recruiters claiming they needed to know if a veteran had received an “honorable discharge” without insight- ful knowledge of either types of discharges, reasons for them, or circumstances. The best advice legally and ethically is “Don’t ask.” Three recent concerns have arisen in the law: domestic partners, same-sex marriage, and transgender applicants.

Numerous EEO laws would seem to complicate the employee recruiting/select- ing process, but complying with them is simple. Everything you do, say, or ask during the selection process must pertain to bona fide occupational qualifications (BFOQs), requirements essential for performing a particular job. BFOQs include work experiences, training, education, skills, conviction records, physical attributes, and personality traits that have a direct bearing on one’s ability to perform a job effectively. BFOQs exclude gender, age, race, religion, marital status, sexual orientation, physical appearance, disabilities, citi- zenship, place of birth, ethnic group, veteran status, military records, military discharge status, and arrest records that have no bearing on one’s ability to perform a job effectively.

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Exceptions to laws and orders are made when an employer can demonstrate that one or more normally unlawful traits are essential for a position. For example, appearance may be a BFOQ for a modeling position, religion for a pastoral position, age for performing certain tasks (serving alcohol, operating dangerous equipment), physical abilities such as eyesight and manual dexterity for pilots, physical strength for construction workers, the legal right to be employed in the United States, and English language skills for an English teacher.

A few guidelines will help you avoid most EEO violations and lawsuits. First, meet the test of job relatedness by establishing legally defensible selection criteria. Second, be sure all questions are related to these selection criteria. Third, standard- ize the interview by asking the same questions to all applicants for a position. If you ask specific questions only of applicants who are female, disabled, older, or minor- ity, you are undoubtedly asking unlawful questions. Fourth, be cautious when probing into answers because a significant number of EEO violations occur in these created- on-the-spot questions. Fifth, be cautious of innocent chit-chat during the informal parts of interviews, usually the opening and closing or the minutes following the formal interview. This is when you are most likely to ask or comment about family, marital status, ethnic background, and nonprofessional memberships. Sixth, focus questions on what an applicant can do rather than on what an applicant cannot do. Seventh, if an applicant begins to volunteer unlawful information, tactfully steer the person back to

BFOQs are the keys to nondiscrimina- tory hiring.

EEO violations are easy to avoid.

Focus on the positive, not the negative.

ste70537_ch07_129-154.indd 132 20/12/16 6:29 pm

The Recruiting Interview 133

job-related areas.Your organization is liable if unlawful information is maintained or used even if you did not ask for it.

Exercise #1—Testing Your Knowledge of EEO Laws Test your knowledge of EEO laws and selection interviews by rating each question below as lawful (can be asked), depends (may be asked under certain circumstances), or unlawful (cannot be asked). Explain why it is lawful, unlawful, or depends.

Lawful Unlawful Depends 1. Do you go by Margaret or Peggy?

2. I noticed that you walk with a cane.

3. Are you a U.S. citizen?

You must proofread your paper. But do not strictly rely on your computer’s spell-checker and grammar-checker; failure to do so indicates a lack of effort on your part and you can expect your grade to suffer accordingly. Papers with numerous misspelled words and grammatical mistakes will be penalized. Read over your paper – in silence and then aloud – before handing it in and make corrections as necessary. Often it is advantageous to have a friend proofread your paper for obvious errors. Handwritten corrections are preferable to uncorrected mistakes.

Use a standard 10 to 12 point (10 to 12 characters per inch) typeface. Smaller or compressed type and papers with small margins or single-spacing are hard to read. It is better to let your essay run over the recommended number of pages than to try to compress it into fewer pages.

Likewise, large type, large margins, large indentations, triple-spacing, increased leading (space between lines), increased kerning (space between letters), and any other such attempts at “padding” to increase the length of a paper are unacceptable, wasteful of trees, and will not fool your professor.

  • The paper must be neatly formatted, double-spaced with a one-inch margin on the top, bottom, and sides of each page. When submitting hard copy, be sure to use white paper and print out using dark ink. If it is hard to read your essay, it will also be hard to follow your argument.ADDITIONAL INSTRUCTIONS FOR THE CLASS

    Discussion Questions (DQ)

    • Initial responses to the DQ should address all components of the questions asked, include a minimum of one scholarly source, and be at least 250 words.
    • Successful responses are substantive (i.e., add something new to the discussion, engage others in the discussion, well-developed idea) and include at least one scholarly source.
    • One or two sentence responses, simple statements of agreement or “good post,” and responses that are off-topic will not count as substantive. Substantive responses should be at least 150 words.
    • I encourage you to incorporate the readings from the week (as applicable) into your responses.

    Weekly Participation

    • Your initial responses to the mandatory DQ do not count toward participation and are graded separately.
    • In addition to the DQ responses, you must post at least one reply to peers (or me) on three separate days, for a total of three replies.
    • Participation posts do not require a scholarly source/citation (unless you cite someone else’s work).
    • Part of your weekly participation includes viewing the weekly announcement and attesting to watching it in the comments. These announcements are made to ensure you understand everything that is due during the week.

    APA Format and Writing Quality

    • Familiarize yourself with APA format and practice using it correctly. It is used for most writing assignments for your degree. Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for APA paper templates, citation examples, tips, etc. Points will be deducted for poor use of APA format or absence of APA format (if required).
    • Cite all sources of information! When in doubt, cite the source. Paraphrasing also requires a citation.
    • I highly recommend using the APA Publication Manual, 6th edition.

    Use of Direct Quotes

    • I discourage overutilization of direct quotes in DQs and assignments at the Masters’ level and deduct points accordingly.
    • As Masters’ level students, it is important that you be able to critically analyze and interpret information from journal articles and other resources. Simply restating someone else’s words does not demonstrate an understanding of the content or critical analysis of the content.
    • It is best to paraphrase content and cite your source.

     

    LopesWrite Policy

    • For assignments that need to be submitted to LopesWrite, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me.
    • Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes.
    • Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own?
    • Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for tips on improving your paper and SI score.

    Late Policy

    • The university’s policy on late assignments is 10% penalty PER DAY LATE. This also applies to late DQ replies.
    • Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances.
    • If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect.
    • I do not accept assignments that are two or more weeks late unless we have worked out an extension.
    • As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading.

    Communication

    • Communication is so very important. There are multiple ways to communicate with me: 
      • Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class.
      • Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours.

 

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