To ensure that an employer is benefitingt from its applicant pool, the employer should be “disability-blind” and assess each applicant on the basis of her or his qualifications. During all stages of employment, such as interviewing, hiring, employee relations, transfer requests, performance reviews, disciplinary decisions, and termination. Following the guidelines as stated in section 503 of the Rehabilitation Act which necessitates affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers. Create facilities …show more content…
On some instances if the employee admits that they have a drug problem, they will be sent to a facility to help them overcome their dependency. When or if the employee has successfully completed rehabilitation, the employee can then be protected under the ADA. In order to avoid possible violations with Title VII, an employee should be offered their position when they complete rehabilitation. If the employer speculates alcoholism, the employee must be notified of counseling services. If the alcoholism persists, the employer must give the employee an option between treatment and disciplinary action which maybe …show more content…
Explain why or why not. How does the simulation demonstrate this?
Title VII can override the employment environment and conditions detailed in a written employment contract between an employer and employee. Title VII is a federal law and an employment agreement, whether verbal or written, must obey to the law.
An employment contract does not allow for or legalize any act of discrimination that is covered by Title VII. In the simulation it speaks of adding drug and employee testing in the pre-employment stage. Although the President and COO of the company doesn’t want to start an employee drug and alcohol program for the employees, Mark Corrigan, Creative Director thinks it should be mandatory to have a drug and alcohol testing before employment. When you have two executives in a company with conflicting ideas it is good to have legal representation to put things into perspective. As far as the advertisement for the vacant positions the Legal advisor has made recommendations for the verbiage for the advertisement. In order to be on legal ground it is imperative to keep in mind Title VII when implementing an employee handbook which is enforcing drug and alcohol