Your business has posted the following employment opportunity on Craigslist.com:
General administrative duties such as greeting customers, collecting payments from customers, filing documents, preparing correspondence and other documents on computer word-processing software, inputting data into computer data-base and accounting software, and driving a company van to transport customers, company personnel, and others. From time to time, the job may also entail lifting heavy objects.
You have received the following applications and are in the process of scheduling an interview with the applicant. The information from the cover letters, applications and resumes submitted are summarized as follows:
Homer Simpson He graduated from Springfield High School in 1984; he worked at the Springfield Nuclear Power Plant as a safety inspector from 1985 to 2018 but no employment is listed on his resume after that; his cover letter indicates that he has a genetic problem that makes him look like a cartoon character and results in other health issues involving his physical abilities; using your Facebook account, you find Homer Simpson’s home page on which he has stated that he is a reformed drunk driver. He also admits in his cover letter I must admit that I have engaged in several indiscretions in my youth due to the bad parenting I received.
Agnes Jones Agness resume indicates that she graduated from high school in 1963 after which she attended Polk Community College and received an associates degree in business in 1966. She thereafter worked for 5 years as an administrative assistant for a local business. However, it appears from her resume and application that Agnes has no work experience from 1972 to the present. She explains in her cover letter that she got married, had five children, and now has five grandchildren and devoted all time as a homemaker and caretaker. She also indicated that she had a mental health issue that impacted her ability to work. Her resume lists her as Chairperson of both the local support groups for the Arthritis Foundation and Visually Impaired Seniors.
1. Draft three (3) interview questions to ask Homer and Agnes which you believe are proper, and three (3) which you believe are improper. Explain your answers.
2. What federal statutes may be applicable to the employment applications of Homer Simpson and Agnes Jones?
3. Was it improper to use your Facebook account to review Homer Simpson’s Facebook page and obtain information about him that may be pertinent to your decision to hire or not hire him?
4. Assume that you ask Homer during the interview what he means by indiscretions in his cover letter, and he says he was convicted for criminal trespass, a misdemeanor, by breaking into Springfield High School and using the school swimming pool on a hot day in the summer of 1984; and that he was also convicted of a misdemeanor for possessing marijuana in 1989.
However, despite his Facebook page statement, he denies ever being convicted of a crime related to impaired driving or DUI.
You decide not to hire Homer and explain in your declination letter to him that his history of criminal convictions and history of indiscretions make him unqualified for the position.
Homer decides to file a complaint with the EEOC. What policy of the EEOC may be problematic regarding your decision not to hire Homer?
5. Assume that during the interview of Agnes, one of your co-owners asks her how old she is. He/she then asks her to lift a 50 pound bag off one end of the conference table and carry it to the other end. Are these proper questions? Why or why not?
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