Constitutional Rights Paper

1118 words - 4 pages

Running head: Constitutional Rights PaperConstitutional Rights PaperUniversity of PhoenixBusiness Law, 415Constitutional Rights PaperMcBride Financial ServicesThe United States Constitutional Rights document is unique in that it provides rights and protection to individuals and businesses (Cheeseman, 2004). In this paper we will discuss McBride Financial Services, a preeminent provider of low cost mortgage services, using state-of-the-art technology in five states (Apollo Group, 2004). We will discuss the various impacts certain Constitutional Rights has on employers and employees.DRUG TESTINGIn investigating McBride's website we found no mention of how their HR department handles the hiring of their employees or of the processes they go through in hiring an applicant. Many employers see drug testing as a way to increase productivity and decrease liability exposure; however, job applicants have viewed drug testing as an invasion of privacy (Cheeseman, 2004). Pre-employment drug screening has been upheld by the courts. Consequently, because job applicants have a lower expectation of privacy than incumbent employees, legal challenges are less likely. Drug testing of incumbent employees by private employers are usually upheld where the employer either has a reasonable suspicion that an employee might be impaired by drugs after an accident (Cheeseman, 2004); however, many plaintiffs will say that drug testing constitutes an unreasonable search and seizure by the government in violation of the Fourth Amendment of the United States Constitution (Cheeseman, 2004).POLYGRAHSEmployees of McBride Financial Services have access to private financial and credit information of their customers. Data security and trustworthy employees are integral to a successful company. The management of McBride Financial Services wanted to consider using polygraph tests to screen new and existing employees. In 1988, Congress passed the Employee Polygraph Protection Act, which states an employer may not require, request, suggest or cause an employee or applicant to take a polygraph test, use the results of any such test, or retaliate against an employee or applicant for refusing to take the test. The exception to the act is an employer may require a polygraph of an employee only if he or she is reasonably suspected of involvement in a workplace incident that results in damage to its employer. A job applicant may be required to take a polygraph only if he or she is applying to work for an armored car, security alarm, security guard company, and will be protecting facilities or materials involved in health and safety, national security or currency, or if he or she is applying for work with controlled substances. Unless an employee or job applicant's criteria fit in to the exception list, it is a violation of an employee's constitutional right to use a polygraph test.TELEPHONIC MONITORINGIn order to provide customers of McBride Financial Services with quality service, all...

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