Considering the legal mandates, what might be done in the next few days to provide for regulatory compliance in the employment process.

Case 3.1 Selection Compliance
Please keep this very very simple I am just starting out in Human Resource Law and do not want to appear knowledgeable. Please d not use big legal terminology, just keep this simple. APA TNR 12, references provided below. You only need three references but I placed three just in case. V/r
The county HR director learned in a Monday morning meeting that a crew leader from the night shift had been sent to a maintenance shop/garage in a remote corner of the county to establish a new work site. The crew leader was to initiate hiring of an operating crew of three people, all of whom must be commercially licensed truck drivers who would be performing the bulk of the work. These new employees were to service county roads and resources located in that area. This was an unusually expedient action resulting from the election of a county commissioner from that area. Office equipment, trucks, and additional equipment and supplies were en route. With winter weather approaching, the crew leader was to initiate hiring and work projects as soon as possible. A permanent supervisor would be appointed and be on site within three weeks. The HR director was surprised, but immediately recognized the risks of legal exposure in the situation. He announced in the meeting he would send someone to “help” with the hiring for a few days. The only possible person he could send was a personnel assistant who was scheduled for vacation the next week, and so there were only several days to attend to matters at the site. He instructed the assistant to take the necessary actions to ensure compliance with the law. Other matters could wait several weeks, but the employment and other critical compliance actions must be addressed immediately. Nearing the maintenance shop, Betty, the personnel assistant, observed signage for an Indian Reservation. When greeting the crew leader, she observed him handing out an “off the shelf” application form to someone already inquiring about a job. Her first action was to use a black marker to obliterate the inquiries on the remaining application forms about military background and social security number. The state didn’t prohibit these questions, but the questions could be suggestive of illegal discrimination.
Question:
Considering the legal mandates, what might be done in the next few days to provide for regulatory compliance in the employment process.

References: you should be able to use one or two of these to reference the case.
Affirmative Action for Veterans:
As is appropriate, veterans of the Armed Forces of the United States are granted affirmative employment consideration by federal and state governments. Special benefits have been added for veterans of particular conflicts. The military obligation or service of an applicant or employee in federal and state governments is an important consideration. This obligation typically involves veterans’ preference action by adding points to entrance test scores and other accommodations, especially for disabled veterans. Federal obligations for veterans are primarily found in 41 CFR 60-250.44. The accommodations are limited in terms of the hierarchical level, the jobs to which credit apply, the military rank of the veteran, and the exclusion of Military Reserve personnel. The reemployment rights of veterans and the benefit plan implications are addressed in a later chapter.

Private-Sector Affirmative Action:
The automatic affirmative action requirements of government represent a clear distinction between public and private personnel priorities and procedures. In the private sector, employers must be sure to disregard any Reserve or National Guard military obligations in selection because of the civil rights prohibition against discrimination because of past, current, or future military obligations. Disabled veterans also receive accommodation in the private sector under the Disability Act. The primary motivation for affirmative action in the private sector is the attraction of government contracts. 5 To be eligible, the employer must adopt an affirmative action program to employ and promote members of the protected class. 6 Although it can be difficult to explain to the sales manager why a government contract was lost due to failure to adopt an affirmative action program, such programs are neither a significant cost consideration nor difficult to institute

Recruiting Applicants:
The purpose of advertising and recruiting is to generate responses from qualified job applicants. A narrow broadcast of job opportunities can be problematic; therefore, opportunities should be broadcast widely. 24 Although Internet advertising is cheap, media other than the Internet must be used because the Internet audience may exclude older and economically disadvantaged individuals. 25 To ensure that government contractors are providing equal opportunity to qualified individuals, the OFCC monitors and reviews online application systems. 26 The language used may also be perceived as limiting opportunity. Ads seeking “students” (age) and “bus boys” (gender) are ill designed. Restrictive language also limits the response that advertisements are intended to generate. 27 Another common advertising method is word-of-mouth (sometimes called an informal contact or employee referral). Many employment managers rightfully believe this to be the best source of qualified applicants for many situations. Courts closely examine this procedure because experience indicates the one worker will rarely refer another of a different race, nationality, religion, and so on. As a result, a “built-in headwind” limits the hiring of minorities if this is the sole source of applicants. 28 If the employee referral approach to recruiting is accompanied by an affirmative action program to encourage minorities and females to apply, the recruiting package might be acceptable to the courts. 29 An affirmative action program to encourage minorities and females to apply actively seeks applicants from such sources as the state employment service, Urban League, minority-oriented media, local Hispanic organizations, women’s organizations, and schools with large minority populations. Internal job postings serve to broadcast vacancies among present employees.
If the employer chooses single-source recruitment, the procedure will probably not be questioned unless the workforce has a statistical imbalance. 30 The traditional methods of recruiting should not be eliminated because of antidiscrimination laws; the same resources should be used for broadcasting to protected classes as used for other applicants. However, the employer should be alert to limited advertising leading to disparate impact. If several sources are used, a disparate impact is less likely. Private employers often accept résumés in selection. Any undesirable information, such as “religious association” must be redacted immediately. Before any interview, a standard application form should be used in keeping with uniform and consistent practices. The Issue of Inquiries Many state statutes, Title VII, and the Age Discrimination in Employment Act prohibit the use of certain questions on the application form and prior to a conditional job offer. The practice of postponing certain questions is reasonable. Why should the employer care about anything else if the applicant does not have the skills to perform the job? This procedure avoids exposure to a challenge by the regulatory agencies. Information useful before a job offer is to be made will not be challenged. An example of this information is shown in Exhibit 3.2. Possible questions following a conditional offer appear in Exhibit 3.3. The questions to be included would depend on the vacancies under consideration and whether the information is necessary to determine that the applicant is suitable for the vacancies available. To help protect the employer from exposure to lawsuits, the application form should desirably have a prominent closing section signed by the employer and applicant that may include certain qualifying questions and should include disclaimers 33 (see Exhibit 3.4). The following disclaimers might also be added: 1. A statement by the employer that the information requested is necessary to determine the best-qualified candidates and will not in any way be used for discriminatory purposes 2. An authorization by the applicant that background can be investigated to reach any employment decision 3. A statement that the applicant understands and agrees, if employed, to abide by all reasonable rules and policies of the employer 4. A statement that if the applicant is employed, this employment relationship is at will and may be terminated at any time by either party with or without cause. (This clause is optional, but enforceable) 34 5. The applicant’s agreement that, in the event of employment, and at all times thereafter, any false or misleading statements, written or oral, are cause for discipline up to and including discharge.
Standard application form information:
1. Name, address, telephone number. 2. Are you eligible to be employed in the United States? (Proof of immigration status will be required upon employment.) 3. Are you at least 18 years of age? 4. Previous employment. (Previous 10 years is long enough.) 5. Highest wages on previous job. 6. Previous training or experience related to present known job vacancies. 7. How many days of absence from work the previous year for reasons other than medical? 8. Availability to work: full time, shifts, reasonable overtime, part time, or temporary. 9. Methods of contacting previous employer as to skills or knowledge used in former jobs. 10. If laid off from previous job, is recall a possibility

EXHIBIT 3.3 Appropriate Questions Following a Conditional Offer of Employment:
1. How long have you lived at present address? 2. Have you had any major illness (treated or untreated) in the last 10 years? 3. Do you have an automobile? 4. Who can we call in case of emergency? 5. Do you have any military obligations? 6. Have you ever been injured on the job

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