Legal Issues Relating to Employment, Labor, or Employment Law

Legal Issues Relating to Employment, Labor, or Employment Law

Employee Monitoring

Background checks are an important part of the hiring process because they enable an organization to gather information that can be used to determine whether a job candidate is fit for the vacant position. Various states, such as Arizona, have set laws regulating the information a company can access when conducting a background check. The laws include the Fair Credit Reporting Act, Title VII of the Civil Rights Act, and the Fair Chance to Compete for Jobs Act (Rodgers, 2023). The Fair Credit Reporting Act requires employers who want to conduct a background check to inform the candidate before doing so in writing. Title VII of the Civil Rights Act requires employers to consider criminal history information based on the specific vacant position the candidate has applied for. The Fair Chance to Compete for Jobs Act prohibits federal contractors from asking job candidates about their criminal history during hiring. However, federal contractors are allowed to ask the candidate about their criminal history after they have been hired.

Many organizations focus on seeking information about an employee’s criminal and employment record when conducting a background check. However, some organizations may seek information about a candidate’s medical history, especially if they intend to offer the employee healthcare insurance. Although understanding a candidate’s medical history is important for organizations that offer employees health insurance, it is an invasion of a candidate’s privacy. It may also lead to discrimination in the hiring process, especially if the candidate has a health condition that requires regular medical checkups using the company’s health insurance. Therefore, a company that is paying for its employees’ health insurance should not be legally permitted to ask candidates and employees to disclose personal and family medical history.

The Americans with Disabilities Act prohibits employers from asking job candidates about their medical history before making the candidate an offer (U.S. Department of Labor, 2023). This may help in reducing discrimination in the hiring process but may create discrimination against the employee once they join the organization. For example, a company may choose not to promote an employee to a higher position if they have a medical condition that requires regularly using employee health insurance and consider the employee for lay-off or termination to save the company the money spent on employee health insurance. However, it is important for an employee to understand whether a candidate is able to perform job-related functions by considering their health, but that should not be the reason for not considering a candidate for a job. The company can condition the job offer on the employee passing a medical examination if understanding the employee’s medical history is job-related and consistent with the business needs (Clees & Shivers, 2019). However, the employer should not have access to information about the medical history of the employee’s or candidate’s family because they are not part of the workforce.

Christian Ethics

The Christian ethical perspective on how an employer should treat employees emphasizes compassion and care, justice and fairness, and respect for human dignity. Compassion and care include ensuring that employees’ needs are met and that the employer takes care of their welfare and their families’ welfare. Justice and fairness include ensuring that employees are fairly compensated for the work they do for the employer and that they are given an opportunity to defend themselves and receive a fair judgment when they are accused of doing something wrong in the organization. Respect for human dignity focuses on good working conditions. The Christian perspective emphasizes creating a working condition where no human being is exploited and where every human right is respected. The Christian perspective is also against child labor and overworking employees because the biblical teachings require people to treat each other as brothers and sisters and treat others how one would want to be treated. The Christian perspective also encourages creating a sense of community in the workplace and creating a mutually beneficial relationship between employees and employers.

From a Christian perspective, it is ethical for the federal government to require a company to pay for its employees’ health insurance because the bible teaches that workers should benefit from their commitment to the employer. For instance, 1 Timothy 5:18 states, “Do not muzzle an ox while it is treading out the grain.” This verse emphasizes showing mercy to a worker for their labor and giving them the support they need to do their work. Based on the verse, an employer’s main obligations include showing compassion and fairness, showing justice, and recognizing the work done by an employee. Fairness and compassion based on the verse can be shown by ensuring that employees are not exploited and observing their well-being as they work so that they benefit from their work. Justice can be shown by compensating the employees for the work they do and recognizing their contribution to the organization. The bible verse can be used to justify obliging companies to pay for their employees’ health insurance as part of the support the employee needs to remain productive and do what is expected of them. Employee healthcare insurance can also be considered a recognition of the labor provided by the employee and an act of fairness, compassion, and justice.

 References

Clees, J. T., & Shivers, N. L. (2019, March 4). Hiring and wage & hour law in Arizona. Lexology. https://www.lexology.com/library/detail.aspx?g=341fb957-9f2b-44e6-94e4-2a44382dc28b

Rodgers, M. J. (2023, August 4). Arizona Background Checks: An Employer’s Guide [2023]. iprospectcheck. https://iprospectcheck.com/arizona-background-checks/

U.S. Department of Labor. (2023). Americans with disabilities act. DOL. https://www.dol.gov/general/topic/disability/ada

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Refer to legal, scholarly, biblical, and dictionary sources to address the prompts related to the research paper.

First Document: Research Paper (minimum of 500 words total for two prompts)

 Employee Monitoring (heading)

Prompt 1: Should a company that is paying for its employees’ health insurance be legally permitted to ask candidates and employees to disclose personal and family medical history?

Support the conclusion using only federal law and explanations of federal law. Be specific. Define and explain important terms and laws.

Christian Ethics (heading)

 Prompt 2: From a Christian ethical perspective, is it ethical for the federal government to require a company to pay for its employees’ health insurance?

Explain and support the conclusion using directly quoted Bible verses. If needed, students may also use biblical scholars to support and explain the use of specific Bible verses.

Second Document: Memo to the Chief Executive Officer (CEO) (Minimum of 250 words)à Use the memo template provided. Do not make up a company name or CEO name.