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Legal ramifications of hiring, or not hiring, candidates

You are the human resource manager of Bird Dog Freight, a large, long-haul trucking company. It is your responsibility to ensure you consider all legal ramifications of hiring, or not hiring, candidates for employment in order to protect and balance the rights of both the company and the candidate.

You are looking to hire Susan Florence as a new long-haul driver. Susan is a 58-year-old African American with an exceptional resume and extensive long-haul experience.

Your company required a physical as part of the hiring process and during the physical, Susan revealed she has lupus. In his evaluation, the doctor stated concerns that her age and health may affect her driving ability.

First, provide a detailed, written assessment to the Bird Dog Freight CEO describing potential legal concerns regarding Susan’s hiring or non-hiring. This may be in either email or memorandum format. Be sure to explicitly indicate any statutes and laws (federal or from your own state) concerning discrimination that are applicable in this case.

Next, recommend a course of action to the CEO regarding the hiring of Susan, and fully explain your position. Be sure to indicate how Affirmative Action policies may factor into Susan’s hiring or non-hiring. Your recommendation must paint a picture for the CEO so he fully understands the ramifications of hiring or not hiring Susan.

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