Human Resource Management and the Americans with Disabilities Act

By John G. Veres III; Ronald R. Sims | Go to book overview

4
The Use of Screening and Selection Techniques under the ADA: Implementations for Employers

Philip G. Benson


INTRODUCTION

On February 14, 1992, Frank Tafoya was undergoing a physical agility test as part of the screening process for security guards with the Albuquerque, New Mexico, Public Schools (APS). During a running portion of the exam, he suffered a heart attack and died. In December 1993, his family filed a lawsuit against APS, claiming that the cause of death was negligence on the part of APS, requiring him to exert himself beyond his capacities, and placing him at risk for such an outcome ( Burks, 1993). As a proposed settlement, the family is suing for $750,000.

While such a death is indeed tragic, it will apparently take a court decision to determine the legal liability in this case. The mere fact, however, that such a suit has been filed raises serious concerns for employers. Who is responsible for such an outcome? In particular, passage of the Americans with Disabilities Act (ADA) raises the question of allowable practices in the recruiting, screening, and hiring of employees. It is the implications of the ADA for the recruiting and screening process that will be the primary focus of this chapter. In particular, it is the use of tests (broadly defined) in hiring, and the implications such procedures have for fairness, that will be discussed.

This chapter will begin with a general discussion of the hiring process under the ADA. Then, specific issues will be addressed regarding the use of tests. Particular attention will be given to issues of reasonable accommodation in the use of the tests, and what this accommodation implies for the validity of the

-87-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Human Resource Management and the Americans with Disabilities Act
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 220

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.