After analyzing the critical incident, students should be able to:
1. Point out the names of the people in the case and remember the key information provided in it.
2. Determine the key issues from the information provided.
3. Use previously learned information to come up with a solution for the issue at XYZ rehabilitation
4. Break down and analyze the information to determine motives for XYZ Rehabilitation to not hire employees using certain drugs
5. Use the information that they have come up with to determine a solution for XYZ Rehabilitation to lessen the backlash from the mistake made at Jane’s interview
6. Critically examine the information and make judgments about both XYZ Rehabilitation and Jane Taylor based on this information …show more content…
XYZ has to avoid this occurring again in the future. XYZ likely wants to keep the policy in place that employees cannot use maintenance drugs, so they are going to have to put a Bona Fide Occupational Qualification (BFOQ) in place. A Bona Fide Occupational Qualification, while it may be considered a valid defense to the employee protection of Title VII of the Civil Rights Act of 1964, essentially “allows employers to hire individuals based on their age, sex, race, national origin, or religion, if these specific qualifications are considered essential to the job, or considered vital to the business’ operation” (“Bona Fide Occupational Qualification”). Therefore, a BFOQ would allow the company to inquire about drug use during interviews while protecting them against discrimination claims. XYZ Rehabilitation would be able to obtain a BFOQ because they believe that an employee working in a rehabilitation center cannot and should not be taking drugs in order to perform their job …show more content…
This is because the company did not hire her due to the fact that she is taking a “maintenance drug” which they do not allow their employees to use. However, this was not a company policy at the time of the interview therefore the use of “maintenance drugs” by employees was not a bona fide occupational qualification for the position. If XYZ Rehabilitation were to have implemented this company policy prior to the interview, then Jane would be unable to sue them. Also, New York is an employment at will state which means a company is not required to give a prospective employee a reason for why they are not being hired. This means that if the interviewer had not given Jane a reason for why she was not being hired then she would not have a right to sue XYZ
1. Point out the names of the people in the case and remember the key information provided in it.
2. Determine the key issues from the information provided.
3. Use previously learned information to come up with a solution for the issue at XYZ rehabilitation
4. Break down and analyze the information to determine motives for XYZ Rehabilitation to not hire employees using certain drugs
5. Use the information that they have come up with to determine a solution for XYZ Rehabilitation to lessen the backlash from the mistake made at Jane’s interview
6. Critically examine the information and make judgments about both XYZ Rehabilitation and Jane Taylor based on this information …show more content…
XYZ has to avoid this occurring again in the future. XYZ likely wants to keep the policy in place that employees cannot use maintenance drugs, so they are going to have to put a Bona Fide Occupational Qualification (BFOQ) in place. A Bona Fide Occupational Qualification, while it may be considered a valid defense to the employee protection of Title VII of the Civil Rights Act of 1964, essentially “allows employers to hire individuals based on their age, sex, race, national origin, or religion, if these specific qualifications are considered essential to the job, or considered vital to the business’ operation” (“Bona Fide Occupational Qualification”). Therefore, a BFOQ would allow the company to inquire about drug use during interviews while protecting them against discrimination claims. XYZ Rehabilitation would be able to obtain a BFOQ because they believe that an employee working in a rehabilitation center cannot and should not be taking drugs in order to perform their job …show more content…
This is because the company did not hire her due to the fact that she is taking a “maintenance drug” which they do not allow their employees to use. However, this was not a company policy at the time of the interview therefore the use of “maintenance drugs” by employees was not a bona fide occupational qualification for the position. If XYZ Rehabilitation were to have implemented this company policy prior to the interview, then Jane would be unable to sue them. Also, New York is an employment at will state which means a company is not required to give a prospective employee a reason for why they are not being hired. This means that if the interviewer had not given Jane a reason for why she was not being hired then she would not have a right to sue XYZ