Ch 4 Recruiting And Selection Issues

Question 1

Describe how the recruitment environment is regulated, by both statues and common law.

Answer 1

1. Statutory compliance ensure to maintain the aspects of diversified work-culture where all employs must get their equal employment rights within their workplace and it is required for HRs to maintain equal employment practices
2. While common law consider the employment contract or employment agreement aspects which require to agree by both employee and employer and when they sign then contract of employment starts. In employment contractual agreement, all the terms must be clear to both parties

Question 2

Describe the employer’s opportunities during the information gathering process to learn as much as possible about hiring the most effective worker.

Answer 2

Application process request the information which will serve as the basis screening out applicants on the basis of education or experience requirements.There are few questions which are strictly prohibited by the federal law which are being asked on an application and during the interview process.

Question 3

Explain how the employer might be liable under the theory of negligent hiring.

Answer 3

Employer is liable for negligent hiring where an employee causes harm that could have been prevented if the employer had conducted a reasonable and responsible background check on the employee; in other words, when the employer knew or should have known that the worker was not fit for the job.

Question 4

identify the circumstances under which an employer may be responsible for an employees compelled self publication, thus liable for defamation.

Answer 4

Employers can be liable for reference checks in an unexpected manner from an ex employees own mouth through compelled self publication.

Question 5

Explain the difference between testing for eligibility and testing for ineligibility, and provide examples of each.

Answer 5

1. Eligibility testing refers to tests that an employer administers to ensure that the potential employee is capable and qualified to perform the requirements of the position. (Ex. Eye exam, tests for physical stamina)
2. Ineligibility testing refers to tests that ensure that the individual is free of problems that would prevent her/him from performing the positions functions. (Ex. Drug or alcohol testing, other impairments that may limit an applicants ability to perform)

Question 6

What is negligent hiring?

Answer 6

Negligent hiring is a claim made by an injured party against an employer based on the theory that the employer knew or should have known about the employee’s background which, if known, indicates a dangerous or untrustworthy character.

Question 7

What is defamation?

Answer 7

refers to any statement made by a person, whether verbal or printed, that causes harm to another person’s reputation or character.