The U.S. government and its respective federal agencies make it prolifically clear that discrimination of any sort against employees with disabilities is illegal and not tolerated (Bennet & Hartman, 2007). As such, companies are obligated to take measures to reasonably accommodate employees, applicants or individuals with disabilities so as to prevent obstacles that may pose as having a negative effect on the employee or applicant performance. To see to it that employees or applicants with disabilities are not discriminated against, the United States government places rules and regulations making it illegal for an organization, company or business to ignore or avoid making sensible accommodations to known physical or mental limitations of a qualified employee or applicant having a disability. Employers should incorporate the regulations into the organizations practices, procedures and rules. If an employer is able to demonstrate that providing such accommodations may inflict an unjustifiable hardship on operation of the organization, company or business; then the obligation to make such accommodations is waved. The qualified employee or applicant also has a choice between accepting or rejecting any accommodation, aid, benefit or service offered. If an employee or applicant having a disability declines accommodations, benefits or services that are vital to the functions of the post held or desired, then that employee no longer qualifies as an individual with a disability. Organizations, companies and businesses should eliminate employment standards, tests and criteria that disqualify employees and applicants with disabilities. “Exceptions to this may however be allowed for standard tests and criteria that are job or post related under Code of Federal Regulations, Title 29, Vol. 4 Part 1630” (Bennet & Hartman, 2007).
“The United States Equal Employment Opportunity Commission also stipulates that pre-employment medical examinations or inquiries should not be employed to determine an employee’s or applicants’ severity of such disability save for when it is permitted by Sec. 1630.14 of EEOC regulations” (EEOC, 2009). Organizations, companies or businesses must also make sure that policies regarding recruitments are precise and accurate. This means that job descriptions should be clear and complete. In addition, job adverts should not include phrases or words that that may be construed as being invidious towards legally protected individuals. The simulation provides extra rules for handling individuals with drug problems. The Drug Free Workplace Act stipulates that for a drug-use testing program to be legal, policy statements discouraging the unlawful manufacture, possession, distribution or use of illegal or controlled substances should be distributed. If such a policy did not exist when the recruitment advert was released, then conducting a drug test may be seen as unlawful. The Americans with Disability Act (DDA) covers employees with known drug abuse problems as disabled if the employee is undergoing or has successfully gone through a rehabilitation program and can illustrate their disability on the basis of prior use. The simulation recruitment policies stipulate that all adverts should be accurate, precise and complete so as to avoid being construed as discriminatory towards legally protected individuals.
Factors such as personality and attitude are important aspects employers should consider when determining the suitability and quality of the applicant being considered for employment. These factors help determine the degree to which an individual will fit into the position the position they are applying for and the company moreover, they also help determine how well the applicant will interact with other company employees. Attitude towards work is definitely an important factor employers must consider when identifying applicants that will demonstrate dedication and ability to complete assignments within deadlines. The simulation demonstrates the use of these factors when management applies applicant scores as a determining factor in hiring the creative supervisor. Title VII of the Civil Act Law of 1964 can overrule an illegal contract since it requires all employment agreements be they written or verbal to confirm to the law; exceptions to this law have however been enforced for multinational companies. The simulation did not clearly illustrate how Title VII of the Civil Act Law of 1964 can override an agreement between an employer and their employees, but it did shortly address the employer and the employee agreement; and cover conditions in which either the employer or the employee may terminate the contract within a 60 day period.
References
Bennet, A. & Hartman, L. (2007). Employment Law for Business. 5th ed. Boston: McGraw Hill.
U.S. Equal Employment opportunity commission (2009). Disability Discrimination. Web.