Scenario 1 Prepare a list of questions you might ask a prospective job applicant so that they do not violate federal

laws. Prepare both a list of general questions and questions you would use in a " behavior-based" interview. Answer whether you can engage in pre-employment tests, background checks, polygraphs, and credit reports. ist any applicable federal laws on these topics. !hat regular professional reading do you do" #ell me about a time when you made a quick decision that you were proud of. $escribe the biggest project which you had to see through from beginning to end. %ow did you coordinate necessary activities" %ow did you monitor progress" !hat obstacles did you encounter" %ow did you overcome them" #ell me about the period of time your work has been the most hectic. !hat did you do to keep it under control" !hat did you do when you were &stretched out the thinnest'" !hat work got placed &on the back burner'" !hat made you decide to delay those specific items" !hat was the last presentation you made before a group" %ow did you prepare" !ho was the audience" !hat was the response" !hat project required you to produce the greatest amount of paperwork" !hat types of materials did you produce" %ow did you organi(e these materials" %ow did you keep track of these materials" #he )mployee Polygraph Protection Act *)PPA+ is administered by the !age and %our $ivision *!%$+. #he )PPA applies to most private employers. #he law does not cover federal, state, and local government agencies. #he )PPA prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. )mployers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for e,ercising other rights under the Act. #here is no -ederal aw that prohibits employers from doing credit checks, however there are certain rules that must be followed. According to the -air .redit /eporting Act employers must0 get your consent before pulling the report, give you a warning *along with a copy of the report received+ if the employer plans to reject you on the basis of the report, and give you an official adverse action notice if the employer does not hire you because of the contents of the report. )mployers must ask permission for certain background information that is to be obtained by a check especially in situations where an

outside 1rd party vendor will be running the check. 2ther pre-employment testing such as drug tests may be administered as well however employers should make sure that the tests do not discriminate against any protected classes. Scenario 2 3ou want to fire an employee who is a female, 41 years old, one of two black employees and who is gay. 3ou seek the advice of your personnel department. !hat might they say is the appropriate manner to approach this employment situation" An important part of firing an employee is documentation. A company should have an employee handbook that details the appropriate conduct for employees. #he handbook should also illustrate how employees will be notified of misconduct and the actions that can be taken against them. 5n order to fire someone the employer should be able to prove that they were incapable of completing their job, and should have appropriate documentation to prove that the employee was not only acting in appropriately but also that they were given proper training on how to work appropriately but that the employee continued to fail at their job. !ithout taking the precautions the employee may be able to argue that they were fired for a discriminatory reason.