Handling a Job Application and Business Legal Compliance

Published: 2019-08-28 03:54:46
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Persons seeking to be recruited in various employment sectors should be accorded equal opportunities irrespective of their disability status. In the current case study, it is apparent that the person seeking recruitment is aged and disabled. While it is true that the said person may not be in a position to perform the assigned tasks, there are various Human Resource Management Laws that dictate on the manner in which the individual should be treated. One of the major Human Resource laws applicable in the current case is the Americans with Disabilities Act. This law dictates that employers should not discriminate against prospective employees who are disabled. This law applies to employers who have more than fifteen employees (Twomey, 2013). In the current case, the employees in the mentioned hospital are close to 400 employees; hence, this law is applicable. In line with this law, the hospital as the employer should give the disabled applicant a chance to serve as a front desk assistant. However, the decision will be guided by certain factors.

More importantly, the American with Disabilities Act dictates that employers should provide reasonable accommodations. Speaking of accommodations, this refers to facilities that allows the disabled employers to perform the assigned tasks with ease. Therefore, the decision to employ or not to employ the disabled person in the current case will be dependent on the presence of such facilities in the mentioned hospital. Notable is the fact that the job position to be filled in the current case requires the assigned person to be escorting visitors to various departments. The absence of such facilities would mean that it would be unfair to employ the disabled person because his or her execution of the assigned tasks will be challenged (Twomey, 2013).

Another law that is applicable in the current case is The Age Discrimination in Employment Act (ADEA), which forbids employment discrimination of persons aged more than forty years. The prospective employee mentioned in the current case is aged sixty years; hence, this law applies to his or her employment concerns. ADEA law does not prohibit employers from favoring older employees over younger ones (Twomey, 2013). For this purpose, the decision to employ the person mentioned in the current case will also be guided by this law.

In line with Tims Coffee Shoppe, both ADA and ADEA laws should be considered when making any employment decisions. As an example, part of Tims Coffee Shoppe long-term goals is to promote two employees into team leaders positions. Therefore, promotion decision will have to consider both the old and disabled employees by not discriminating them.

References

Twomey, D. P. (2013). Labor & Employment Law: Text & Cases. Mason, Ohio: South-Western Cengage Learning.

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