Directions Need to respond to 2 peers. Include at least 2 outside sources in your postings for full credit.

Directions

Need to respond to 2 peers. Include at least 2 outside sources in your postings for full credit.

First Peer 

Gregoire Goodrum

1. Select a recent court case related to disparate impact and explain what the organization could have done differently to prevent discrimination.

           According to Phillips (2020), disparate impact occurs when an action hurts a protected group whether it was meant intentionally or unintentionally.  The Board of County Commissioners of Weld County, Colorado v. Exby-Stolley court case is a disability-based claim that involves the Americans with Disability Act (ADA).  Laurie Exby-Stolley who is the plaintiff is a health inspector for Weld County, Colorado.  Due to a previous on-the-job arm injury, the plaintiff was unable to effectively execute her job and requested to be moved to a new position that would accommodate her needs.  Her request was then denied by the county due to the biased impact and influence her accommodations would have on other employees.  The plaintiff chose to resign and sue the county under the Americans with Disability Act (ADA) of 1990 for failing to accommodate her injury.  Nevertheless, her efforts were unsuccessful and dismissed in court because the plaintiff chose to resign of her free will and was not terminated by the county.  The case was later reversed by the court of appeals on the ground that the plaintiff was not required to prove that the county did not take adverse actions towards her, but instead only needed to state the fact that the county failed to accommodate her needs.  As of June 8, 2021, the Board of County Commissioners of Weld County, Colorado approved the petition to revisit the case (Board of County Commissioners of Weld County, Colorado v. Exby-Stolley, 2021).

           Since Ms. Laurie Exby-Stolley got injured on the job, the county should have accommodated her needs accordingly as long as the accommodation did not cause major hardship to the county (Phillips, 2020).  The ADA guarantees equal opportunity for qualified individuals with disabilities or perceived as having disabilities.  Ms. Exby-Stolley meets the proper skills and experience needed to perform her job since she was already employed by the county.  The Equal Employment Opportunity Commission further enforces the ADA regulations based on the member’s qualifications and accommodations.  Upon the unavailability of a re-assignment, the county could have provided the plaintiff with a temporary administrative function that limits the use of her arm.  On another note, resigning was not the best move forward for Ms. Exby-Stolley because the county never planned on terminating her.

Larry Fowler

2.  Choose either negligent hiring or sexual harassment. Discuss the organization’s requirements under the law and any                                recommendations you have for the organization when developing policy. 

     Negligent hiring is when an employer is responsible an liable for ay type of harm that is inflicted on third parties when the employer had knowledge of or should of known of the employee's possible risk that can possibly cause harm to an employee and if the risk would of been discovered during the investigation.  While federal courts and the courts of nearly every state recognize a cause of action for negligent hiring, they apply different standards for liability—notably, to the degree of foreseeability required—and offer little clarity on how to avoid it (Clark, 2019). 

     Employers must continue to educate their employees on properly apply best practices when involves laws, limitations, and how to prevent liabilities that will not help make the Employers sufficient when it involves Negligent hiring and how that they are being practiced in organizations.  Standards for employers must be carefully evaluated as well to ensure that the best practices are currently being effective and followed. The relevance of the crime to the job in question as a factor in deciding whether to hire a candidate with a criminal record appears in the EEOC guidelines, fair-chance and negligent hiring laws, and recommended best practices. Job relevance is also an element in establishing the reasonableness of an employer’s exercise of due diligence in a negligence claim (Clark, 2019).