Scenario 4: The Right Place
You are the Director of Strategic Accounts at MoTrade, a hypothetical investment company based in the United States. After weeks with a vacancy in the Manager of New Accounts position, you are pleased to learn that the human resources department has two highly qualified candidates for you to interview. You are the hiring manager for this position.
Both candidates’ resumes itemize comparable work histories, skills, and educational accolades. Both candidates then complete in-person interviews with you and subsequent interviews with one, then another, member of your team. Both of the candidates present themselves equally well. In fact, your two colleagues separately email you and conclude that either candidate could do the work.
Later the same day, one of these colleagues appears at your office and asks for a few minutes of your time. After closing the door, he tells you that he did an internet search to gather more information on both candidates. The search revealed that one of the candidates had been arrested for a felony but was never convicted. The search results surfaced news articles with mug-shots that left no doubt that the subject of the article and your job candidate were the same person.
Your colleague did not include this information in his interview notes. In person, however, he says “After the ‘incident,’ the candidate went back to work in sales and succeeded, so it might be fine. I just wonder if our Manager of New Accounts position is the right place. We really need someone with a great public persona.”
Note: In the United States people are protected from discrimination by Title VII of the Civil Rights Act of 1964. According to the law, an arrest alone cannot be the determinant factor of employment because it can result in disparate treatment and disparate impact on different racial or ethnic groups. For more information, visit:
· U.S. Equal Employment Opportunity Commission (EEOC). (2012). EEOC enforcement guidance: Consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. Retrieved from http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
As the hiring manager, you will be the one to make the ethical and legal hiring decision.
1. Describe your ethical and legal business solution and provide three sound reasons in support of your solution.
2. Describe three actions that you will take to implement your solution.
3. Does the situation make it essential to work with the human resources department? Provide two reasons to support your decision.
4. Does the situation make it essential to seek legal advice? State your decision and provide two reasons to support your decision.