MGT 434 Employment Law
Interactive Simulation Paper
Mr. Robert Lewandowski
May 17, 2006
To ensure that an employer is reaping the greatest benefit from its applicant pool, the employer should be “disability-blind” and evaluate each applicant on the basis of her or his competence. This is true during all stages of employment, including the interview, hiring, employee relations, transfer requests, performance reviews, disciplinary decisions, and termination decisions. Follow the guidelines stated in section 503 of the Rehabilitation Act which requires affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers. Make facilities used by employees readily accessible to and usable by individuals with disabilities. The employer generally has a duty to make “reasonable accommodations” to enable a disabled employee to perform the essential functions of the job, if the employer can do this without “undue hardship.” however; the duty of reasonable accommodation applies only where the disabled employee is otherwise qualified for the position.
An employee with a known drug abuse problem is against company code of conduct. This includes the employee not being protected under any Title VII provisions. One particular measure a company can take to reasonably accommodate this employee is to offer rehire once the employee has been fully rehabilitated. Once the employee has successfully completed rehabilitation, the employee can be protected under the ADA. Therefore, to avoid possible violations with Title VII, an employee should be offered their position when they complete rehabilitation. If the employer suspects alcoholism, he or she must inform the employee of counseling services. If the alcoholism continues, the employer must give the employee a “firm choice” between treatment and discipline.
The employer must then provide outpatient treatment. If this is unsuccessful, the employer must provide inpatient treatment. Only if the first four steps fail can the employer legally discharge the employee. I agree that factors like personality, attitude toward work, and future upward mobility should be considered when hiring an employee. Foremost, you would like to hire an individual that will be an asset to the organization, capable of communicating effectively with other employees. The person's attitude toward work is definitely a factor because you want an employee that will be committed to the assigned work from beginning to end, meet all deadlines, and willing to work long hours if necessary. The expectations of upward mobility of the individual should be that the person wants to do well in all that he or she does. He or she should have superior career goals in mind, knowing this is only the preparatory point for them. By hiring the best workers the pool of talent available for future promotions is greatly increased. This helps ensure high performance all the way up through the ranks of managers. An employee can NOT have too much intelligence for a job. Hundreds of studies show that higher intelligence leads to higher performance to the highest levels of intelligence. Individuals high on conscientiousness and emotional stability perform better on the job than individuals low on these traits. Individual differences become an issue because the effects of the five core job dimensions depend on a worker’s perception. Schemas, past experiences, biases, moods, and attitudes influence perception. Two people, faced with the same stimuli, such as a group meeting, may leave with different perceptions. Two people with the same job may have different perspectives towards the job. Differences relevant to the job characteristics model are growth-need strength, knowledge and skills, and satisfaction
with the work context. Growth-need strength is the degree to which a worker desires personal growth. Intrinsically motivated people...