Hiring Situations Situation 1 -- Term Paper

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The job may require x% travel, which might eliminate one of the candidates, etc. Essentially, hiring the female simply based on the demographics would discriminate against the other candidates and therefore, is illegal (Federal Laws, 2009).

Situation 5 - Our Company has a service contract with the U.S. Government (Department of Defense) to provide nurses for a military hospital. Contractual obligations require employees with patient contact to pass a physical exam and drug test; those handing fiscal matters must pass a drug and polygraph test. Because this contact is with the Federal Government, any employee is subject to laws under the Federal Register, Agencies affiliated with the Federal Government who require drug testing must follow standardized procedures established by the Substance Abuse and Mental Health Services Organization, use certified SAMHSA testing facilities, and comply with appropriate privacy laws (Section 7 -- Drug Testing, 2010). The Employee Polygraph Protection Act (EPPA) prohibits most private employers from utilizing lie-detector tests except in certain circumstances. However, if there are federal legal requirements that tests be administered, they must be done in accordance with law, EPPA fact sheets and posters must be visible, and employees must be counseled on the privacy, their rights, and the disposition of any information given (the Employee Polygraph Protection Act, 2010).

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In this case, checks, screenings, and tests may be done on applicants who have access to controlled substances, who administer the substances, who have direct contact with patients, or have access to certain information. Since all of the employees will be under Federal Law, it is legal to do this testing as long as privacy is maintained, document storage mandated by law, testing done in a professional manner, and employees are forewarned about the requirement.

REFERENCES

Americans With Disabilities Act of 1990, as Amended. (1990). United States Department of Justice. Retrieved from: http://www.ada.gov/pubs/ada.htm

Federal Laws Prohibiting Job Discrimination Questions and Answers. (2009). The U.S. Equal Opportunity Employment Commission. Retrieved from: http://www.eeoc.gov / facts/qanda.html

Section 7 -- Drug Testing. (2010). United States Department of Labor. Retrieved from: http://www.dol.gov/elaws/asp/drugfree/drugs/screen92.asp

The Employee Polygraph Protection Act (EPPA). 2010. United States Department of Labor. Retrieved from: http://www.dol.gov/compliance/laws/comp-eppa.htm.....

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