Case questions and answers
Question.no.1 Discuss what a manager should do in each of the two Michigan cases. Answer: Office Equipment repair technician Although it is risky but the manager should give him a second chance, because by the nature of job (i.e. job of technician) it does not seem that he would be in direct contact with potential victims. It is risky because the job is a field job that is visiting other organizations and repairing their equipments. It is also possible that other organizations might have potential victims in their equipment area. If the technician does something wrong, the image of the employer may get harmed. The manager should test the employee’s future intentions through a question answer session, and if he appears to be honest and responsible about his future actions, then he should be give him a second chance. School bus driver The employer must be removed him from employment as he is in direct contact with potential victims on daily basis and it is never certain when he will repeat his past illegal acts no matter how hard working he is as the safety issues must be first considered. Question.no.2 What circumstances might lead you to make different decisions in different cases under Megan’s Law? Answer: Office Equipment repair technician Our decision is to rehire him because; it does not seem that he would be in direct contact with potential victims. Our decision would be different if the employee would be in direct contact with potential victims, for example. if he would be doing such jobs like, health care facilitating (e.g., nurse or aide), day caring and schooling (e.g., teacher), security (e.g., guard), social and mental health facilities (e.g., social or mental health worker), taxi and bus services (e.g., drivers), and recreational facilities (e.g., fitness trainer).
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School bus driver Our decision is to fire him from the job. Our decision would be different if: 1. The employee had mentioned his conviction in the application form. 2. The employee would not be having any direct contact with the potential victims. Management Dilemma Hiring of new employees who have been convicted sex offenders and a decision to retain or fire the existing employees who have been sex offenders in the past. Associated Facts Megan’s Law provides that all states are required to have all convicted sex offenders register so that residents are aware of their presence in a neighborhood. In Michigan, the Attorney General released the names of 200 registered sex offenders who had been using MySpace. In some states, it is illegal for employers to use any information found on the Megan’s Law website for purpose of employment. The EEOC says that the use of conviction records in employment decisions has an adverse impact on African American and Hispanic males. For certain jobs employers are required to check registry such as jobs which includes positions in health care facilities and hospital, day cares and schools, security, social and metal health facilities, taxi and bus services and recreational facilities Management response or Associated Actions Management can hire sex offenders who are convicted or registered, only for jobs through which they do not have access to potential victims. If the nature of job is so that sex offenders have direct access to potential victims, than management should not rely completely upon Megan’s Law website but they can do background check on selected employee upon their agreement from past employers, social security number, credit history, drug test, educational and certification record. Before hiring, management is supposed to test the employee from every perspective including all the three tests that include ability, personality and honesty/integrity tests. Along with this the company can include disclaimers the application form like if the Page 3 tsa nR sisalanA esaC
company later comes to know that the employee...
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