Nepotism and word of mouth hiring Quizlet

To pass court review, proactive steps may only be taken as part of a formal affirmative action plan - must have a plan

Want ads and job announcements - requires a neutral message re job availability, which does not express or imply a preference for some protected class group over another

Employment agencies - may not discriminate on behalf of employer clients

Want ads and job announcements
o Requires a neutral message re job availability, which does not express or imply a preference for some protected class group over another
o Post ads everywhere not to just one specific class of people
o Title VII of the Civil Rights Act of 1964 is explicit about employers' obligation in producing such materials: It shall be an unlawful practice for an employer . . . to print or publish or cause to be printed or published any notice or advertisement related to employment . . . indicating any prefer-ence, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin . . . . 1
o employers using narrowly targeted outlets should use these in conjunction with other media that reach a broader spectrum of employees.
- Employment agencies
o May not discriminate on behalf of employer clients
- Employee Referrals, Word of mouth hiring, Nepotism Unless workforce is already diverse, tends to recruit similar employees
o Nepotism..... put a policy in place
Follow title 7 law,,,,,,,, Nepotism is not per se violative of Title VII. Given an already integrated work force, nepotism might have no impact on the racial composition of that work force. * However, when the work force is predominantly white, nepotism and similar practices which operate to exclude outsiders may discriminate against minorities as effectively as any intentionally discriminatory policy.7

Your new boss has asked you to advertise for a job opening at the firm, but said he did not want to hire any "foreigners," by which he means, anyone who is not 100% a Caucasian, and a male. He also insists that you fill the position within one week. You know, from personal experience, that when you advertise this job for only a week, only white male applicants will apply, as it takes time for word of the opening to be widely dispersed. Given your legal and ethical obligations in this situation (and wanting to keep your job), the best course of action for you to take would be:

a.
place the ad, and hire a white male for the position within one week

b.
tell your boss that the law requires that you place the ad for two weeks; do that, then hire the best of the applicants who apply

c.
place the ad, but also review your saved resumes for this position from previous applicants, knowing that they are a diverse group; start calling them in for interviews immediately, and hopefully, hire someone within a week

d.
quit and go find another job

In Harrison v. Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. He did so, and took a pre-employment drug test, which was positive. The Medical Review Officer, upon learning that the applicant had epilepsy, and his drugs were legally prescribed, cleared him to be hired, but his supervisor, who sat in on the Medical Review meeting, fired him. The court ruled that:​

a.
​employers are permitted to make pre-employment medical inquiries prior to a conditional offer of employment

b.
​non-disabled applicants are not protected from pre-employment inquiries under the ADA

c.
​the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre-employment

d.
​because the applicant had tested positive for drugs, the employer could lawfully proceed to ask questions regarding disability prior to making a conditional offer of employment

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