Ensuring Legal and Compliant Hiring Practices at ABC Widget Company.You are the new Human Resources Manager for ABC Widget Company. ABC is in need of a Cost Accountant.

QUESTION

You are the new Human Resources Manager for ABC Widget Company. ABC is in need of a Cost Accountant. You have posted the position in the local newspaper as well as on Monster.com. In addition to a resume, ABC requires each applicant to complete an application. In addition, ABC would like to start requiring pre-employment drug screens and background checks of selected applicants. You decide that the background check should include a criminal records check as well as a credit check since the Cost Accountant will be responsible for a significant amount of funds. You decide to use a third party, a background check company, to conduct the background check.

You are alarmed when you look at ABC’s employment application; it contains numerous illegal questions. You realize you must correct the application before it is provided to applicants. Also, you must create an authorization form for applicants to sign so that you can initiate the background check as well as a written notice that a drug screen is required.

Your assignment is as follows: (1) There is an application for employment inside the folder that contains this assignment. It contains 41 numbered items. 14 of the items should not be asked on an employment application because they attempt to ascertain a person’s race, socio-economic status, age, physical characteristics, disabilities, religion, marrital or family status, or national origin. Some are obvious; some are not. Part one of your assignment is to upload a document that contains the numbered items you believe should not be asked. (2) Create and upload an authorization form for applicants to sign in order for you to initiate the background check through the third party company. The authorization should meet the Fair Credit Reporting Act (FCRA) standards. (3) Create and upload a written notice to applicants to inform them of your drug screen requirement. You do not have to write these documents from scratch; you simply have to customize what you find. There are government (and university) websites that have sample notices that you are encouraged to use. Be resourceful!

ANSWER

Ensuring Legal and Compliant Hiring Practices at ABC Widget Company

Introduction

As the new Human Resources Manager at ABC Widget Company, I have identified some issues in our employment application that need immediate attention to ensure compliance with legal requirements. Additionally, I will create an authorization form for background checks and a written notice regarding our drug screen requirement to maintain transparency and adherence to regulations.

Identification of Illegal Questions on the Employment Application

To ensure compliance with employment laws and regulations, I have identified the following numbered items on the employment application that should not be asked:

 Date of Birth: This question may imply age discrimination.
Gender: Asking for gender is not relevant to job qualifications and may indicate gender discrimination.
Marital Status: This question may lead to discrimination based on marital status.
 Number of Dependents: Inquiring about dependents can indirectly reveal information about an individual’s family status.
Religion: Requesting religious information is unnecessary and may result in religious discrimination.
Race: Asking for race is prohibited as it can lead to racial discrimination.
 National Origin: Inquiring about national origin is inappropriate and can contribute to discrimination.
 Physical Disabilities: The application should not inquire about an individual’s physical disabilities, as this violates disability discrimination laws.
Medical History: This question invades an applicant’s privacy and is irrelevant to the job requirements.
Military Service: Inquiring about military service is unnecessary and can result in discrimination against veterans.
 Credit History: While credit checks may be relevant for certain positions, they should not be asked at the initial application stage to avoid potential discrimination.
Arrest Records: Asking about arrest records without further context may lead to discrimination based on criminal history.
 Sexual Orientation: Inquiring about sexual orientation is not job-related and can lead to discrimination.
 Union Affiliations: Inquiring about union affiliations may discourage applicants who are members of unions and could result in discrimination.

 Authorization Form for Background Checks

To comply with the Fair Credit Reporting Act (FCRA) standards, I have created an authorization form for applicants to sign, granting ABC Widget Company permission to conduct a background check through a third-party company. The authorization form includes the following components:
Clear disclosure of the purpose and nature of the background check.
Explanation of the applicant’s rights under the FCRA, including the right to receive a copy of the report and dispute any inaccurate information.
Consent for the background check and release of information from relevant sources.
Information on how the background check information will be used and protected.

Written Notice for Drug Screen Requirement

To inform applicants about our drug screen requirement, I have created a written notice. The notice includes the following elements:
Clear statement regarding the drug screen requirement for selected applicants.
Explanation of the purpose and importance of the drug screen in maintaining a safe and drug-free work environment.
Assurance of confidentiality and adherence to legal requirements.
Contact information for applicants to address any concerns or questions.

Conclusion

Ensuring legal and compliant hiring practices is crucial for ABC Widget Company. By identifying and eliminating illegal questions from our employment application, implementing an FCRA-compliant authorization form for background checks, and providing a written notice for our drug screen requirement, we are taking proactive steps to ensure fairness, transparency, and compliance with employment laws and regulations. These measures will help us attract qualified candidates while upholding our commitment to equal opportunity and a safe working environment.

By adhering to legal guidelines, ABC Widget Company will strengthen its reputation as a responsible and law-abiding employer, and create a fair and inclusive workplace environment for all employees.