Business Law wk 5 Disc 1&2

Work discrimination

            Should law permit employers to discriminate based upon attractiveness?

Federal laws do not have appearance and attractiveness as a form of discrimination, which permits employers to hire people according to their decisions. However, federal laws are against other forms of discrimination such as disability, color, ethnic group, education, origin, sex, age, and race, which are closely tied, and what constitutes a person appearance or attractiveness (Hornberger, 2003). Thus, employers should not single out looks to avoid exposing themselves to lawsuits. Example discriminating female employees based on their heavy weight arguing that they are not fit for the job offered may get employees sued for sex discrimination and not appearance discrimination. Similarly discriminating older employees because of their aged skin that is not attractive to customers and disabled employees because of their inability to wear well fitting clothes opens the employer to be sued because of age and disability discrimination, which is under federal laws.

Employers can have policies on their employees dressing codes, which will assist them, stay in good attractive looks regardless of their physical states. Employers can introduce a uniform for their workers, indicate that their nails have to be polished and their hair neat all the time at work. The conditions will allow workers to fire those who go against the rules by staying unkempt in work places (Hornberger, 2003). In addition, employees should treat all workers whether old or young the same without giving more restrictions to a certain age group rest they have a hard time meeting them. As a result, employers should not be allowed by law to discriminate on attractiveness to avoid losing potential employees in the job and being sued for other related types of discrimination.

Discuss what duty or duties a business has with regard to checking the background of potential employees before hiring.

Employers have a duty to conduct a background chek for their potential employees to avoid issues of fraud caused by internal employee that lead to failure of businesses (EEOC, 2016).

Employers have a duty to check the character reference of their target employees. Character reference helps understand the personality of the target employee outside work styles ad their achievements. These are most important for organizations that work with the elderly, children, or disabled persons.

Employers ought to look for court records to check for arrest records or involvement in court cases (EEOC, 2016). Employers identify employees who have been involved in theft cases and eliminate them from their list of potential candidates.

Bankruptcy and credit reports are important for employers who require people to work in the finance and accounting departments. Their pay roll capacity requires scrutiny to estimate their responsibility level. Employers get copies of credit reports if they base it a ground to deny a chance of employment. Employers check for criminal and incarceration records containing criminal records and history necessary for consideration before hiring people (EEOC, 2016). In addition, employers look for driving records and vehicle registration to check for accidents, violation of traffic laws, suspensions, abuse of alcohol and drugs, and the status of the license. Employers confirm the employer’s military records for names, ranks, awards, duty status, and assignments. Employers check Inaddition, social security numbers, workers compensation records, and sex offender lists.

Do you agree that businesses should be liable for injuries resulting from negligent hiring? Why, or why not?

Businesses are liable for injuries arising from negligent hiring because they have a right to conduct employment background checks on their potential employees from federal trade commission and equal employment opportunity commission (EEOC).

 

 

References

EEOC. (2016).Background checks: what job applicants and employees should know. U.S.Equal employment opportunity commission, 1-4.

Hornberger, L. (2003). Discrimination statutes coverage. Employment discrimination law in Michigan, 1-4.