Preventing Workplace Discrimination Simulation

Preventing Workplace Discrimination Simulation

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

Measures must be taken for individuals with disabilities in order to accommodate these employees or applicants that prevent obstacles that could have an effect on the individuals' performance. It has been made abundantly clear that the United States government and its agencies will not tolerate any type of discriminations against individuals with disabilities. Regulations are in place making it illegal for a company to avoid making any reasonable accommodations to the known mental or physical restrictions of an otherwise qualified employee or applicant with a disability unless the such covered individual can show that the accommodation would inflict an unjustifiable hardship on the operation of its business. However, it is up to the qualified individual to accept any aid, accommodation, benefit, or service offered. If said individual declines any of the accommodations or benefits that are crucial to the functions of the position desired or held, that individual is no longer considered a qualified individual with a disability. Additionally, an employer must never use any employment tests, qualification standards, or other selection criteria that will disqualify any individual with disabilities. The only exception to this is when the standard test or other selection criteria is shows to be job-related for the position and is consistent with business necessity (Code of Federal Regulations, Title 29, Vol. 4 Part 1630). A pre-employment medical examination or inquiries must also not be used to determine the applicant's severity of such disability, except when it is permitted by Sec. 1630.14 of the United States Equal Employment Opportunity Commission.

Furthermore, a company must ensure that recruitment policies are accurate and precise. Job descriptions must be clear and complete and that any job advertisement does not include words or phrases that can be interpreted as being discriminatory towards a legally protected group of individuals. In the first scenario of the simulation, the guidelines from the Equal Opportunity Employment Commission (EEOC) has been provided to set the rules and regulations on how to deal with people with disabilities.

The simulation also gave some additional rules for dealing with individuals who have known drug problems. According to the Drug-Free Workplace Act, one of the conditions for a drug-use testing program to be legal is that employers must distribute a policy statement stating the unlawful manufacture, distribution, possession, or use of controlled substances is discouraged; however, this law only applies to federal employers. If a policy for drug testing at the time of release of the recruitment advertisement does not exist, conducting a drug test may be construed as unlawful. The employee or applicant will be covered as a disabled person under the Americans with Disabilities Act (ADA) if the individual is going through or has successfully been through a rehabilitation program and can demonstrate that they have a disability based on prior use. In the simulation, the recruitment policy of HHP states all advertisement must be precise, accurate, and complete so it cannot be construed as discriminatory towards a legally protected group of individuals.

b. Should factors such as personality, attitude towards work or future upward mobility be considered when hiring?

Employers should consider these factors in determining the quality of the individual being considered for employment. Personality and attitude