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Workplace Discrimination Prevention (Simulation) Essay Sample

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Workplace Discrimination Prevention (Simulation) Essay Sample

What are some measures a company may take to reasonably accommodate people with disabilities, or those with a known drug abuse problem, and how does the simulation demonstrate these?

To ensure that an employer is benefiting from its applicant pool, the employer should be “disability-blind” and assess each applicant on the basis of her or his qualifications. During all stages of employment, such as interviewing, hiring, employee relations, transfer requests, performance reviews, disciplinary decisions, and termination. Following the guidelines as stated in section 503 of the Rehabilitation Act which necessitates affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers. Create facilities used by employees freely accessible to and operational by individuals with disabilities. The employer largely has a duty to make “reasonable accommodations” to aid a disabled employee to execute the role of the job, if the employer can do this without “undue hardship.”

The responsibility of reasonable accommodation pertains only when the disabled employee is qualified for the position. Most companies have a code of conduct in the employee handbook in which known drug abuse would certainly be against the code.This would include the employee not being protected under any Title VII provisions. On some instances if the employee admits that they have a drug problem, they will be sent to a facility to help them overcome their dependency. When or if the employee has successfully completed rehabilitation, the employee can then be protected under the ADA.

In order to avoid possible violations with Title VII, an employee should be offered their position when they complete rehabilitation. If the employer speculates alcoholism, the employee must be notified of counseling services. If the alcoholism persists, the employer must give the employee an option between treatment and disciplinary action which maybe suspension. If the employee has chosen the treatment, then the employer has to provide outpatient treatment. If the employee is unsuccessful, the employer must provide an inpatient treatment. Now if the previous first treatments fail and the employee is still indulging in alcohol the employer can legally discharge the employee.

Should factors like personality, attitude toward work, and future upward mobility be considered when hiring? Explain why or why not. How does the simulation demonstrate these?

It would definitely be in the best interest of the company to consider aspects like personality, attitude toward work, and future upward mobility when considering hiring a new employee. Hiring an individual who has a positive attitude towards their work is an asset to any organization. This employee will have the capacity to work well with other and have excellent communication skills because they are eager to get the job completed. An employee with an expectation of upward mobility will go above and beyond to get the assignment done because they are driven to move up in the company. This individual has goals and aspirations and is aware of what has to be done in order to secure their future in the organization.

Can Title VII override the employment environment and conditions detailed in a written employment contract between an employer and an employee? Explain why or why not. How does the simulation demonstrate this?

Title VII can override the employment environment and conditions detailed in a written employment contract between an employer and employee. Title VII is a federal law and an employment agreement, whether verbal or written, must obey to the law. An employment contract does not allow for or legalize any act of discrimination that is covered by Title VII. In the simulation it speaks of adding drug and employee testing in the pre-employment stage. Although the President and COO of the company doesn’t want to start an employee drug and alcohol program for the employees, Mark Corrigan, Creative Director thinks it should be mandatory to have a drug and alcohol testing before employment. When you have two executives in a company with conflicting ideas it is good to have legal representation to put things into perspective. As far as the advertisement for the vacant positions the Legal advisor has made recommendations for the verbiage for the advertisement. In order to be on legal ground it is imperative to keep in mind Title VII when implementing an employee handbook which is enforcing drug and alcohol abuse.

References
Title VII of the Civil Rights Act of 1964, Retrieved February 7th, 2012 from http://www.eeoc.gov

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