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Assignment #4: Legal Considerations for Recruitment and Selection

Coursework Instructions:
Instructions: Answer the following questions regarding the legal considerations of Recruitment and Selection. The purpose of this activity is to help you understand some of the key concepts covered in this week's lesson. Guidelines Please answer the questions below; read carefully and answer completely to receive full credit. I am looking for how thorough you answered the question, how well you presented your information, and how clear you were. I am also looking for how you tie the lesson concepts and readings to your answers. "I think and I feel" answers without correlation to the lesson and examples will not be sufficient. While there is no required word count, simply recalling text will not be sufficient. To submit your answer, click the assignment title. Please attach via Microsoft Word. To attach a file, under the submission box you will see the attached file section. Browse your computer and select the saved file with your answers, and click submit. If you have questions, please ask prior to the due date. Question(s): 1. In the process of its recruitment of Peters, Security Pacific informed Peters that the company was doing “just fine” and Peters would have “a long tenure” at Security Pacific should he accept the position offered. In doing so, Security Pacific concealed its financial losses and the substantial, known risk that the project on which Peters was hired to work might soon be abandoned and Peters laid off. Peters accepted the position and moved from New Orleans to Denver to begin his new job. Two months later, Peters was laid off as a result of Security Pacific’s poor financial condition. Does Peters have a cause of action? 2. Phillips, an African-American woman, applied for a position as secretary at the Mississippi legislature as a “walk-in” applicant. Phillips worked in the same building, which was made up of approximately 80 percent African-American employees. She stopped by the office one day to ask if the office was hiring clerical help. She was told that the office was and was given an application to fill out. After not hearing a response from the office regarding the position, she called and learned that a white woman with similar qualifications had filled the position, even though Phillips applied before this woman. The office defended itself claiming only that it has a practice of not contacting walk-in applicants for positions. Phillips claims that this policy disfavors African-American applicants who work in the building and is, therefore, illegal based on disparate impact. What result? 3. Please respond to the following in connection with recruitment, selection, or employment procedures: • When, if ever, may an employer ask a candidate or employee for a photograph as part of recruitment, selection or employment procedures? • May an employer ask a candidate or current employee to which organizations the individual belongs? • If a contract is intended to be at-will, must it include a statement to that effect?
Coursework Sample Content Preview:
Discussion Questions on Recruitment and Selection Student’s Name Institutional Affiliation Course Professor Date Discussion Questions on Recruitment and Selection Question 1 Peter is likely to have a cause of action against Security Pacific. The organization’s misrepresentation of its financial status and Peters' job security is comprised of fraudulent inducement. Security Pacific concealed material information concerning its economic losses and the threat related to the project Peters was hired for, which induced him to accept the offer and relocate. Because such fraud refutes an agreement's “meeting of minds” obligatory, the hurt party can pursue damages or terminate the agreement. For instance, in the case of Miller v. Troy Laundry Machinery Co., Inc. (n.d.), the judge decided that the exception to the parole evidence rule exists to prove fraud in inducing the execution of a written agreement. Therefore, as we explored in the course materials, employers must offer accurate information about job conditions, and any objection might result in legal consequences for misrepresentation. Question 2 Philips might have a reasonable claim of disparate impact discrimination against the Mississippi legislature. Desperate impact happens when two groups are correspondingly treated in a provided organizational rules and measures. Still, those rules and measures confer advantages to a single group over another and are irrelevan...
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