Overview

What are the legal implications of tests used by employers to make employment decisions such as hiring and promoting their employees?  These tests include, but are not limited to, drug tests, medical examinations, genetic tests, polygraphs,  skills, and physical fitness tests.  They all raise the potential of discrimination and invasion of privacy issues.  The first half of this module will cover relevant laws and HR practices that will minimize the potential for claims.  We will also explore possible defences against a claim related to employment testing.  The second half of this module will explore legal issues relating to selecting employees for hire and promotion. Topics to be covered include how employers can ensure that recruitment, selection, training, development, and other human resource practices do not reinforce or perpetuate systematic discrimination. We will also examine the pitfalls of discrimination, defences to discrimination claims, EEO issues, and best practices for hiring and promoting employees.

Instructions

This module contains one discussion topic (Module 3. Non-medical tests ), and the Lewis v Heartland Inns of America Case Analysis . Required reading is Chapters 6 & 7.  Please complete reviewing all module contents, including the chapter readings and the notes before attempting these assessments. Discussions will be graded according to Grading Standards for Discussions. Detailed instructions for the case analysis assignment are available in the  Dropbox. This assignment will be grading according to Grading Standards for Exams and Written Assignments.

By the end of this module, student will be expected to be able to: 

· Identlfy the common tests employers use and their purposes.

· Explain the legal consideration, which derive from various testing procedures

· Explain the elements of sound testing programs

· Identify and explain the statutory and regulatory limitations and requirements relating to employee testing

· Construct prima facie defences to a claim related to testing discrimination and invasion of privacy 

· Identify and discuss the legal considerations in hiring and promoting employees

· Identify the significant legislation and common-law principles that govern affirmative action and elaborate on their requirements

· Explain when and why employers are required to take affirmative action

· Explain the requirements for affirmative action plans

· Explain the EEO issues connected with hiring and promotion

· Develop defenses to a claim of discrimination in hiring and promotion

· Propose best practices for fair hiring and promotion of employees

Instructions

Please review the module resources and Learning Objectives before proceeding with this assignment.

With respect to the Riser v. QEP Energy Case on page 451, respond to case Questions 1 – 5. Your case analysis should contain a cover page entitled with the case name and include reference section at the end. Each analysis paper should be 4-6 pages in length excluding the cover page and reference section.  This assignment should be prepared in 1.5 inch line spacing, 12 point Times New Romans or Arial font. Each written assignment should be submitted as a MS Word or PDF file as ” Riser v. QEP Energy “

Writing Criteria for Case Analysis

Exemplary (A)

90-100%

Meets Expectations (B)

80-89%

Developing (C) 

70-79%

Not Acceptable (D)

60-69%

Failing (F)

under 60%

Content: Is it complete & thorough? Are the prompts addressed?

The case analysis (final exam responses) clearly address all aspects of the assignment directions. The ideas contained in it are clear, based in solid logic, and concise at all times. The work provides multiple textual examples and details that clearly support the ideas presented within it. Creative arguments or evaluations are skillfully used to persuade readers and to substantiate logical points.

The case analysis (final exam responses) address all aspects of the assignment directions. The ideas contained in it are usually clear, based in logic, and concise. The work provides some textual examples and details to support the ideas presented within it. Good arguments or evaluations are used to persuade readers and to substantiate points.

The case analysis (final exam responses) address most aspects of the assignment directions. The ideas contained in it are general, lack solid logic and/or wordy. The work provides few textual examples and details to support the ideas presented within it. Ordinary arguments or evaluations are used to substantiate points.

The case analysis (final exam responses) address few or no aspects of the assignment directions. The ideas contained in it are unclear and illogical. The work provides no textual examples and details to support the ideas presented within it. Arguments or evaluations are not made OR are illogical.

The content of the case analysis (final exam responses) are unclear making it difficult to read OR no case analysis (final exam) submitted.

Writing/ Organization:  Following the format clearly outlined in the assignment.

The case analysis (final exam responses) are developed in well-organized, logical paragraphs that include consistently effective use of transitions. Thoughtful structure eases the reader through the work.

The case analysis (final exam responses) are developed in logical paragraphs that include effective use of transitions. Adequate structure guides the reader through the work.

The case analysis (final exam responses) are developed in paragraphs, but includes limited use of transitions. Structure provides limited guidance for the reader.

The case analysis (final exam responses) are not developed in paragraphs. Transitions are not present. Poor structure obstructs the reader’s understanding of the assignment.

Structure of the case analysis (final exam responses) makes it difficult to read OR no paper submitted.

G.U.M: Grammar, Word Usage, and Mechanics.

The case analysis (final exam responses) employ a wide variety of sentence structures, ideas, premises or imagery that effectively engage the reader. Uses a clear authoritative voice to convey the writer’s expertise. Word usage displays an excellent grasp of the vocabulary related to the subject. Paper has no misspellings and/or grammatical errors.

The case analysis (final exam responses) employ a variety of sentence structures, ideas, premises or imagery that engage the reader. Uses a clear and appropriate voice to convey the writer’s expertise. Word usage displays a good grasp of the vocabulary related to the subject. Paper has few misspellings and/or grammatical errors.

The case analysis (final exam responses) employ a variety of sentence structures, ideas, premises or imagery that engage the reader. Uses a clear voice to convey the writer’s expertise. Word usage displays a good grasp of the vocabulary related to the subject. Paper has several misspellings and/or grammatical errors.

The case analysis (final exam responses) employ repetitive (or poor) sentence structure, ideas, premises or imagery that fails to engage the reader. Lacks voice and conveys little, if any, content knowledge. Demonstrates poor grasp of vocabulary related to the subject. Paper has many misspellings and/or grammatical errors.

The lack of structure and/or poor word choice, misspellings and/or grammatical errors make it difficult to read, OR no case analysis (final exam) submitted.

The Basics: Formatting of case analysis or final exam responses

Submitted on time.

Neat appearance. Appropriate headings.

Minor formatting flaws. Timely. Appropriate heading.

Formatting errors. Submitted one day late. Appropriate headings.

Messy, not in proper format, submitted two or more days late, not submitted properly.

Submitted three or more days late or not submitted at all. OR Submitted in a format that is Wunreadable.