Legal Obligations Arising from the Employment Relationship

Legal Obligations Arising From the Employment Relationship

HRM 546

November 12, 2012

David Cory

Legal Obligations Arising From the Employment Relationship

The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that created by the need for defense and security (MBA Knowledge Base). This paper will discuss legal invasion of privacy method's that employers can use. The violation of these rights lead employees to form unions to make their voice heard.

Health Insurance Cost vs. Privacy

The question of whether or not something constitutes discrimination is completely dependent on the evaluator's point of view. For example, if a person believes that a pre-employment drug screen is discrimination because it is no one's business if someone has an alcohol or substance abuse problems an employee may have. If an employee is getting his or her job done, it does not matter what he or she is doing in their personal life. On the other hand, if an employee job requires driving for work related business and they drive under the influence. What if they injure someone or he or she need to go to rehab, thus filing numerous insurance claims, would it have been nice to know the potential risk before hiring? Companies are always looking for ways to reduce cost; this forces employer to become creative. CBD's idea to screen their employees does have merit, but it is illegal.

The Americans with Disabilities Act (ADA) and many state laws allow pre-employment medical examinations. However, under the ADA, no medical inquiry or examination may be conducted before an employment offer is extended (Bennett-Alexander & Hartman, 2007). What is legal? If the medical inquiry is requested before the employment offer is made then it is a legal inquiry. What does this mean exactly? Prospective employers cannot force an applicant to take a drug test. However, they can generally require applicants to take a test as a condition of employment, as long as they follow the rules. If an employee knows that they may fail the test or if he or she simply do not want to take the test, an employer can decline the offer.

There may be a chance that a physical is required, if an employee is in the risk of inhaling chemicals or needs to wear certain equipment, a test is required. The job is offer, passing the test is a condition of employment. If for any reason a candidate does not pass the test, they may not be given the job because of a safety precaution. The only legal testing that CBD is offering is drug testing, if the company has a drug-free policy, they can choose not to hire a person who does not pass the screening. CBD can offer an employee wellness program, many insurance companies do offer discounts to employers who offer these services to his or her employees.

Collective Bargaining

The popularity and growth of Unions has shown companies that workers understand their rights and will not allow companies to take advantage of them. Although union demonstrations resulted in workers injury or fired for their actions, Union's goal was for the future to be successful of their endeavors. These demonstrations were successful in fact they showed management and companies that the American worker can unite and be heard as one voice rather than a mass of passive workers who would take any injustice given to them (Bennett-Alexander & Hartman, 2007).

In the earlier days collective bargaining was the only way that Unions and upper Management could reach an agreement. Both sides would walk into the meeting determined not to let the other side win. This resulted in both