Reference no: EM133643334

Assignment:

Hypo 1

The Interview

You are conducting interviews for a mid-level management office position at your company.

You have a fulsome Job Description that includes educational and experiential requirements, the duties and responsibilities, and all of the physical requirements for the position. The physical requirements include the ability to read and write, the ability to walk through the building on a periodic basis to check in on employees who report to the position, and the ability to attend and participate in meetings that include visual presentations and written agendas. The interviews are multi-step: each candidate rotates through several interviewers, including you.

1. A candidate with dark skin and a full beard, wearing a turban, enters your office and appears upset. He tells you that he just completed an interview with a different manager, and that person took one look at him and make a derogatory remark about Muslims and something along the lines of "we don't hire Arabs here." The candidate is highly offended.

a. He lets you know he is indeed a practicing Muslim, born in the Middle East but a Legal Permanent Resident in the United States, and can prove he is able to work. If he is not hired, does he have a claim for discrimination? If he is hired, does he have a claim for discrimination?

b. Alternatively, he is tells you he is Sikh, not Muslim. Does he still have a claim for discrimination?

c. What do you do about the manager who asked the question?

Hypo 2

Candidate Testing

1. You run a manufacturing facility that utilizes robots and automated processes, with minimal human participation in the process. The few people that will work on the manufacturing line must have the ability to conduct close, careful measurements, using various specialized tools, and also must be able to do some limited math without the aid of a calculator. You partner with a local community college to develop a specialized testing program that will test employees' skills in read, measurement, math, and attention to detail.

a. Is it lawful to require candidates to undergo such a test?

b. What are the potential pitfalls of such a test?

c. How can you protect yourself from future liability for using such a test?

2. You have implemented the testing described in the first paragraph above for about two years. The testing and scoring costs a significant amount, and your CEO requests that you perform an audit to determine its effectiveness, and see if it is a budget item that perhaps can be cut.

a. You note that there is no correlation between test results and performance. Inother words, the test appears to be a bad predictor of how well an employee willperform day-to-day. What does this mean?

b. You further note that since implementation of the test, the percent of minority hires has dropped precipitously. What does this mean? What more do you need to know?

c. Alternatively, you note that there is a high correlation between test results and performance, and also are experiencing the drop in minority hires. What must you do?