This website uses cookies to ensure you have the best experience. Learn more

The Legality And Ethics Of Business Background Checks

2020 words - 9 pages

The Supreme Court has broadly defined privacy as the right of the individual to control the giving out of information about oneself. Privacy as guaranteed by the U.S. Constitution differs in two significant ways from privacy protected by tort law: (1) the types of acts constituting an invasion of privacy are very different, and (2) the type of protection provided to individuals - constitutional privacy protects against governmental intrusion while tort law primarily protects against invasion by private parties.Restrictions imposed by the Fourth Amendment are effective against the federal government while the Fourteenth Amendment imposes these restrictions on state and local governments. The ...view middle of the document...

I think the verification of an immigrant's status is important to the employer and only to the employer. If there are any discrepancies in the documentation, including the social security number, the employer would then have an obligation to report the problem to the authorities.Motor vehicle and criminal background checks: A motor vehicle report (MVR) is necessary if the position calls for the applicant to operate a motor vehicle of any type. The Department of Transportation (DOT) requires certification if the hire is for the operation of certain vehicles such as semi tractors and trailers or the hauling of hazardous materials. The MVR will also help to verify the identity of the applicant. Employers have a legal duty to exercise due diligence in the hiring process, and that duty can be violated if an employer hires someone that they either knew or should have known in the exercise of reasonable care was dangerous or unfit for a job. Even when an applicant discloses information regarding past convictions, employers can justify denial of employment where the offense is arguably job related.Ethically, if a prospective employee is being hired to operate a vehicle, an MVR should be obtained. This may not clear the employer if an accident happens, but he did follow the letter of the law. Employers have also been the subject of large jury verdicts for negligent hiring in cases where they hire a person with a criminal record that harms others, and it could have been avoided by a criminal record check.Legal or illegal substance abuse or potential abuse via tests and checks: According to the "EEOC Guidance on Pre-Employment Inquiries under the Americans with Disabilities Act," there are specific questions an employer may and may not ask during the pre-offer phase. An employer may ask about current illegal use of drugs or current drinking habits. Questions that may uncover a drug or alcohol disability prior to the post-offer phase of processing an applicant are prohibited.[ ] Random drug testing is the norm for "safety sensitive" positions or on hazardous job sites as determined by an employer. Although most states allow random testing, some states and specific counties within certain states do not.Ethically, if there is no indication of drug or alcohol abuse during the hiring process, then the person should be hired. Once on the job, if the new employee exhibits impairment in judgment, non-production, lateness, absenteeism, errors, or accidents, then it would be time for testing.Personality profiles: A personality profile is a knowledge management[ ] tool used to provide an evaluation of an employee's personal attributes, values and life skills in an effort to maximize his or her job performance and contribution to the company. (personality profile, 2002) Advocates of personality profiling claim that it's a valuable reality check when viewed in the context of an employee's job performance. Critics recommend that face-to-face communication and evaluation...

Find Another Essay On The Legality And Ethics Of Business Background Checks

What is Ethics and the Background behind Ethics

1414 words - 6 pages one’s continuity to show effort by showing their own moral behavior and continuously to rebuild their life becoming a better one. 11 2) Background Generally, ethics which is known as moral philosophy is connected to philosophy which includes doing and conducting between right or wrong. This refers to choosing the best decision based on our own common sense. From the collection of words by the Oxford dictionary, the word ‘ethics’ could be define

Bed Bathing: Legality, Professionalism, and Ethics

3433 words - 14 pages was able to identify and minimise risks to the client. Seeing the way in which others behave or make mistakes allowed me to reflect on the point of view of others and to learn form them help me build on my knowledge. AnalysisI chose this experience as it is a procedure that I am quite confident with performing. Thiroux (1995) created his own set of principles of ethics, which can be applied to any situation. 1) The value of life, 2) Goodness

Integrating Business Values: The Legality, Morality, And Social Responsibility Of A Woman Who Uses RU 486 To Terminate Pregnancy

7325 words - 30 pages now manufacturing RU 486 has been among those cited for various violations in recent years" ( IIIETHICAL SECTION"In reaching an ethical decision, good is to be weighed against evil. A decision that maximizes the ratio of good over evil for all those concerned is the ethical course" (Law, Business, and Society). This is a theory called Utilitarianism, the greatest good for the greatest number of people. According to this theory

The Legality of the NSA

1215 words - 5 pages After the disclosures by Edward Snowden turned a critical eye to the NSA many people questioned the legality of the acts. The NSA claimed that their work was legal and had prevented many terrorist plots. However, evidence of only four plots was ever found. Even if the acts were founded in law, they still angered large numbers of citizens. Many citizens do not care if the spying is legal, believing that it is morally wrong. Government

Morality and Legality of Abortion

507 words - 2 pages Morality and legality of abortionSomewhere amidst the abortion debates of the last quarter century, the real issuehas been lost. The focus has become too religious for a country that has separated churchand state. Therefore, I won't argue the religious rights and wrongs of abortion. Noanswers can be derived until we focus on what the law and our citizens do value, becausethis is how laws are changed. American laws hold sacred the value of human

The Establishment of Hitler's Dictatorship and Its Legality

1313 words - 5 pages The Establishment of Hitler's Dictatorship and Its Legality The career of Adolf Hitler was marked by a spectacular rise to power. He went from being a nobody in the streets of Vienna to the supreme leader of one of the most powerful nations on earth. Hitler came to power through a combination of legal means and backroom politics. The events leading up to the rise of the Nazis and Hitler are prime examples of the myriad

Business and the Notion of Ethics

1214 words - 5 pages the notion of ethics has been around for generations, it has been seen in religion and philosophy. Although it has only been in the last few decades that the business world has adopted this principle of doing the right thing, not just doing what will lead to most profits. The concept of ethics encompasses a ‘systematic’ process of considering the ‘moral consequences’ of ones actions, as stated by (text book). However there isn’t a succinct

Business Ethics and the Global Dimension of Business

1886 words - 8 pages Business Ethics and the Global Dimension of Business SUBJECT: Business Ethics and Global Dimensions of Business Previously, we developed the business framework and strategic business plans pertaining to the Human Resources and Operations Management. Next we need to address the organizations ethical and social obligations for the corporation on a global aspect for the new plant. Also, due to nearly 20% of the sales are anticipated to be

Legality of Public Sex and Nudity

2022 words - 8 pages Andrew GrishamEnglish 110Professor Priest20 October 2014Is It Time To Legalize Public Nudity And Sex?There is a rich history in human culture when it comes to our attitudes towards public nudity and sex - before the Victorian era people talked about it openly and it would not be unheard of to see people in the streets performing sexual acts. We did not hide the fact that sex exists and that there are differences in the anatomies of the male and

The Legality of Video Game Emulation

1453 words - 6 pages The Legality of Video Game Emulation Nearly everyone likes to play console video games, whether the console is the Nintendo Entertainment System, the Sega Genesis, or the Sony PlayStation. But consoles break down, and the popularity of personal computers gave way to a special category of software called emulators, such as Nesten for the NES, KGen for the Genesis, or bleem! for the PlayStation. Emulators were not created to play video games

Legality of the NSA Phone Surveillance

1047 words - 5 pages The NSA phone surveillance program started after the passage of the U.S PATRIOT Act after the terrorists attacks of 9/11. At the time this program seemed necessary to prevent another attack, but since then the people have come to see the program is unnecessary and overreaching. The National Security Agency phone surveillance program is illegal because it violates the 4th Amendment, has not helped significantly in counterterrorism, and is an

Similar Essays

The Legality And Ethics Of Internet Advertising

1914 words - 8 pages The Legality and Ethics of Internet Advertising ABSTRACT: Recently,, one of the world’s premier Internet advertising firms was at the center of a Federal Trade Commission investigation on privacy. Consumer privacy advocates have charged the company with infringing on the privacy of websurfers because of the aggressive means it uses to gather data for profit. This paper discusses the legal and moral issues surrounding

The System Of Checks And Balances

658 words - 3 pages important development for American Society. Our country’s system of checks and balances has passed over to many sectors of the business and secretarial world. Checks and balances help keep our financial sectors truthful and our large publicly help companies run smooth and dependably. Checks and balances help create an honest and precise business organization and help establish reliance and efficiency.

The Legality Of Marijuana Essay

1707 words - 7 pages determined by the way we appeal to their distinct morals and ethics. There are many “ethical situations” in our society on which various people have various different opinions. The legality of marijuana is one such situation in the society regarding the morals and ethics. It is argued worldwide by all kinds of people from all kinds of backgrounds who all think differently towards this subject. In today’s society, everybody from the government to

The Concept Of Legality Essay

1034 words - 4 pages We all have an opinion about what we believe is just and or unjust. The reasons we believe certain ideals to be true may not be as cut and dry as the opinion at hand. Where did these rules and regulations come from and have the acts they regulate always been taboo or criminal in nature? Looking further into your beliefs may bring you closer to understanding your background and the influences that everyone has directly or indirectly instilled