Student’s name
Institutional affiliation
Human resource discussion questions
Question 1
Large companies such as Quick Software Inc. typically prefer the system of hiring graduates from reputable or prestigious universities such as State University to get quality. The aim of this system of hiring is primarily to get quality mathematicians, engineers or scientists who would be ideal in grooming the inbuilt talents as well as replace the old retiring workers (Moran, 2014). However, this process of hiring has major social repercussions that re negative, particularly to those graduates who don’t succeed in getting employment. During the annual interviews conducted there are usually many students who are likely not to have reached an employment decision and so they miss out. This is normal as many students are in points of their lives where many are not in a position to make employment decisions. In this regard, such students are more likely to get hardship problems when seeking for job opportunities (Moran, 2014).
In addition Quick Software Inc. usually has made employment decisions by the time of graduation. Therefore, there is the creation or development of inequality, job opportunities in the work force (Moran, 2014). Moreover, there is no guarantee to the selected students getting their jobs upon graduating as a business may be out of operation at any time due to vast circumstances. Hence, when a business is stuck in a slump at the time of graduation such students are more likely to suffer psychological problems due to the setbacks from their expectations (Moran, 2014). Therefore, it would be advisable for Quick Software Inc. to solve this problem of inequality of opportunities by offering equal opportunities to all candidates upon graduation. The company can determine their potential employees from applications that have been offered equal interviews.
Question 2
Most employers take the initiatives of explaining in details to their employees the details of their employment contracts including the at will policies. This can be through oral, written policies, job evaluations or even applications. It is therefore an important for employees to review the state of their employment contracts as the law protects and recognizes this policy that protects the employers (Moran, 2014). Therefore, such employers can hire and fire without giving any good cause for doing so. However, Robert witnessed and reported an illegal activity that involves sexual harassment against a fellow employee by the dean of administration. In this instance the law prohibits any employer from firing employees such as Robert because he had given information regarding sexual harassment, which is prohibited by law (Moran, 2014). The law requires any individual to report any illegal activity that is against the laws of the country.
Therefore, for this reason, Robert is advised to file a suit against the college for firing him because he is required by law to give truthful information regarding activities such as sexual harassment. The law protects such employees such as Robert and the law will find the college guilty of undermining Robert through firing because of observing the law (Moran, 2014). In this regard together with infringement of legal rights of employees, the law prohibits employers from exercising the rights of firing at will because of these two important scenarios.
Question 3
For many years polygraph tests or lie detectors that are known to detect the truthfulness of an individual’s statement by tracking functions of the body, such as perspirations or blood pressure were widely used by companies in hiring new employees. For this reason the employers were seen to go overboard with the type of questions that they submitted their employees. Some questions were seen to be of extreme private nature and some offense to the applicants that made them fail the tests (Moran, 2014). In this regard the United States government saw a need of protecting job applicants such as Taylor from being submitted to polygraph tests.
There exists the federal law that covers the Employee Polygraph Protection Act that was introduced and passed in 1988 (Moran, 2014). For this reason companies such as First Bank and Trust Company of Tinsel town are prohibited by law from using the polygraph tests on job applicants. This company is strictly prohibited by law to either suggest, require, request job applicants such as Taylor to undergo the polygraph test (Moran, 2014). In addition First Bank and Trust company is prohibited from discriminating against job applicants who claims this protection act during the job application process. For this reason Taylor has the right to refuse to undergo the polygraph test and if discriminated against because of refusal to do so, he has the right to file a suit against First Bank and Trust Company.
Question 4
There exists a law that most affects any prospective employee to have need of a pre-employment examination that is known as ADA (Moran, 2014). However, it is very important for the employer who may require submitting the prospective employees to physical examination to have a clear contingency offer during the time of application (Moran, 2014). The Middlebury Fire Department failed to have a clear contingent offer that clearly stipulated the requirements of the application. Although all other applicants were submitted to the same physical examination, it would have been proper for the fire department to have a clear offer on the physical standards that were required.
This would not have made applicants such as Rachel to undergo an application process only to have it rejected. Essentially the most effective recommendation for the victim, who is Rachel, is not to seek any action against the company as it is not disclosed whether she incurred any expenses or costs in the process of application. In addition, all other applicants were submitted to the same physical examination in which case the company is protected by the said act (Moran, 2014). To avoid this hiccup in future the company should have clear physical and other requirements during the process of inviting applicants. This would be an important step that will be aimed at avoiding psychological distress to the applicants.
Reference
Moran J.J. (2014). Employment law: New challenges in the business environment, 6th Edition. New Jersey. Upper Saddle River, Printice Hall.