Legal Issues in Employee Selection

One of the areas that has come into the legal spotlight recently is the area of employee privacy with regard to drug testing. Drug testing is increasingly being used by companies as a pre-employment condition. Drug testing as a condition of employment or for employees who have not exhibited other questionable behavior has successfully been challenged in court, but the issue of public safety has also been used to justify such employment procedures. In this way, for example, an airline may require a pre-employment drug screen of its employees because a drug-free workforce is in the public interest. Similarly, a company which does not have a drug screening policy may reques

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" (Platt 29). The Clarence Thomas-Anita Hill hearings cast the national spotlight on sexual harassment, but human resource managers must guard against any form of behavior or communication which can be perceived as providing an atmosphere which encourages both sexual and nonsexual harassment. In an age of an increasingly diverse workforce with individuals from vastly different backgrounds and cultural identities working together, this becomes a more challenging role for the human resource manager to play. Using Temporary Workers Legal problems can also arise from the increased use of temporary workers as companies seek to trim their payroll expenses. Although using an agency can protect employers from some of the difficulties associated with direct employees, other considerations must also be taken into account. When a company uses a temporary worker, the organization falls into the guiding principle known as the loaned servant doctrine. This means that the temporary worker actually has two employers: the company and the agency. As a result, the legal considerations can be significant regarding the rights that the company has regarding performance and discipline. Temporary workers can sue companies if the employer discri
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Approximate Word count = 1473
Approximate Pages = 6 (250 words per page)

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