One of the most difficult tasks in business today is making the right choices and decisions regarding employment. These decisions as examined by the text Employment Law for Human Resource Practice are not as cut and dry, as they might seem on the surface. All employment decision have consequences, most are favorable to the company. However, there are instances, where these decisions can be detrimental to the organization; if the company representatives are not versed in proper employment compliance standards.
In recent years, the North Carolina Department of Motor Vehicle in conjunction with the Department of Public Instructions have been working on developing a ...view middle of the document...
The pending policy as it stands will affect current employees as well as it will influence hiring decisions for employers all over the state. The under the BBOQ policy, the state would be protected against lawsuits potentially filed by employees who could lose their jobs and well as perspective applicants that are not able to pass the fitness standard’s test. The questions the policy will raise are still in the early stages and have not been publicly publicized to many of the current employees.
The purpose for fitness standards is to ensure passenger safety. It has been a long contention that drivers have to be able to evacuate the bus in cases of emergency. While this premises is widely accepted, the fact that its implementation would be in stages and there would have to be grandfather clauses granted to many of the current employees, begs the question of how feasible is this policy from an enforce-ability standpoint. Many of the current employees would not be able to pass the requirements as they are written now, which would present an operational disaster for many employers around the state. The second question is, if an organization must grandfather the majority of its workforce to protect them against a policy, should the policy exist in the first place.
Currently the DMV has stalled on implementing the policy, however educating the drivers about the proposal, being transparent about why this is a concern for the state of North Carolina is what the DMV should engage current driver with, prior to moving to this level without talking to the employees it would affect. One way of accomplishing this, would have been to have the drives with representation at the discussion table.
In the past cases where weight was use as a criterion, the EEOC have fault on behalf of the employee to...