Legalities of Employment Screening Exams

2021-05-18 22:22:30
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During the employee hiring process, any criteria used should not be contrary to the law. In such terms, it means that the criteria are in a position to measure a skill or a trait that is consistent with business necessity and job-related. Due to that, the EEOC (Equal Employment Opportunity Commission) issued the anti-discrimination guidelines to protect the groups from national origin, disability, age, race, sex discriminations. Business necessity is a legal concept used to justify the decision of an employer to use employment criteria that affect a particular group disproportionately based on the company assumptions that it has a reason that is so legitimate to do so because of business needs. In that conjunction, the EEOC (Equal Employment Opportunity Commission) only accepted the hiring criteria that are business necessity consistent and job- related and prohibits the ones that cause disparity impact. Therefore, for the successful functioning of the businesses, they should demonstrate that the criteria they use are necessary. In that regard, this topic will entirely cover the comparison of different employment screening exams required for job-relatedness and business, the analysis of legalities of the employment screening exams used during the hiring process, give reasons that employment screening exams are sufficiently job-related, and the organization's strategies for managing and recovering from liabilities.

Different employment screening exams required for business necessity and job relatedness include credit checks that provide the information on financial and credit history of an individual or applicant. Criminal background checks give the information on conviction and arrest history. Integrity and Personality tests that predict a persons likelihood to engage in other conducts such as absenteeism or theft (Williams, Schaffer, & Ellis,2013). Assess the certain dispositions or traits of a person such as safety, cooperativeness, and dependability. Physical examinations and Medical inquiries determine the mental and physical health of an employee. Sample job tasks assess the aptitude and performance of an employee on particular tasks. Moreover, cognitive tests that assess the skills, accuracy, perceptual speed, memory and reasoning in reading comprehension and arithmetic.

The employment screening exams are subject to the state laws that govern the hiring process. UGESP (Uniform guidelines on employee selection procedures) contain testing legal standards that are the most important (Cihon, Castagnera, & Cihon, 2016). These testing legal standards recognize the employers rights to use job-related tests of pre- employment to make hiring decisions. The UGESP issue to the federal agencies that enforces the Civil Rights Act, the interpretive guidelines to ensure fairness and equitability during the hiring process. These guidelines help to update the agency about the decisions made by the EEOC (Equal Employment Opportunity Commission). Pre-employment testing helps the company to enhance the legal defensibility, equitability, and objectivity of the hiring process of the organization. In such terms, all businesses must struggle to ensure that the employee selection methods are legally compliant and equitable.

Employment screening exams are job-related because they do checks to the employee before recruiting. These checks such as Criminal background, Integrity and Personality tests, Physical Examinations and Medical inquiries, Sample job tasks, and cognitive tests assists the management to know the type of a person to hire. Employment screening exams enable the organization to the health condition of an employee both physically and mentally. It also helps the performance, skills, and accuracy of an employee. Employment screening exams assist the organization to determine if the hired employee is worthy or criminal. The organizational strategies for managing and recovering from liabilities include shaping corporate ethics, which modifies the employee behavior. In such terms, the managers who ignore ethics run the risk of corporate and personal responsibility. This Organizational ethics will assist the company in defining what it stands for.

References

Cihon, P. J., Castagnera, J., & Cihon, P. J. (2016). Employment and labor law. Cincinnati, OH: West Educational Pub.

Williams, K. Z., Schaffer, M. M., & Ellis, L. E. (2013). Legal risk in selection: An analysis of processes and tools. Journal of Business and Psychology, 28(4), 401-410.

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