Betwixt and Between: The Dilemma of Employee References

Concerns have arisen over employers' collection and sharing of information about employees, especially employment references. As a result of the dramatic growth in the number of lawsuits brought by employees, many employers have seriously curtailed the information they release concerning current and former employees. However, even the refusal to release information carries a legal risk. Employers who do not obtain information concerning applicants can be liable for negligent hiring, and those who knowingly withhold negative information regarding their former employees may be liable for negligent referral. This paper explores these expanding liabilities and suggests strategies to allow employers to manage the risk of communicating employee references.     

Perspectives on Disability Disclosure: The Importance of Employer Practices and Workplace Climate

Disclosing a disability to a potential or current employer is a very personal decision, with potentially far-reaching consequences for both the employer and employee. Disability disclosure can assure that employees receive appropriate workplace accommodations, and can help employers respond more effectively to diversity and inclusion initiatives aimed at increasing the hiring and retention of individuals with disabilities. However, disclosure may also result in negative employment consequences for employees, such as lowered supervisor expectations, isolation from co-workers, and increased likelihood of termination. Given demographic trends related to disability in the labor force and recent initiatives to increase the employment of individuals with disabilities, it is increasingly important that employers create an environment that encourages disclosure and reduces the likelihood of negative consequences for employees and applicants who disclose their disabilities. This paper presents the findings of a survey of individuals with disabilities focused on identifying and better understanding the factors that influence the disclosure decision. Results highlight the barriers and facilitators that influence individuals’ decision to disclose and the important role that employers, managers, and workplace climate play in the decision. Implications for employer policy and practice are also discussed.     

Expected Practices in Background Checking: Review of the Human Resource Management Literature

In recent years we have seen a growing attention to the issue of background checks. Research on pre-employment inquires suggests that job candidates engage in extensive misrepresentation of academic and work credentials listed on resumes and job applications. An employer who fails to perform a thorough background check on a prospective employee may be vulnerable to the charges of negligent hiring or employment discrimination. Based on a review of the scientific and professional literature in human resource management, we defined expected management practices in background checking including the need to understand the job requirements, methods of background checks, the extensiveness of the background checks, the role of the application forms, and the use of interviews. Recent legal cases are also included to illustrate what practices are or are not defensible.

Selection in the Workplace: Whose Rights Prevail?

The selection process involves a very difficult balancing act for employers who have to weigh the rights and concerns of applicants, current employees, the organization itself, and society as a whole. Each of these perspectives brings with it its own set of concerns and issues that need to be considered in the broader hiring arena. Applicants assert the right to be treated fairly while being evaluated for a position; current employees assert the right to productive coworkers who will not harm them on the job, organizations assert the right to hire qualified employees while remaining cognizant of the legal issues that surround the hiring process; and society as a whole asserts the right to a process that benefits the greater good. But, with each of these groups pursuing these rights, an important question arises as to whose rights prevail when there is a conflict. This paper, through the use of a true scenario, explores the difficult balancing act between rights and concerns of applicants, current employees, organizations, and society as a whole and discusses whose rights should take priority when they conflict.     

Opportunistic hiring and employee fit

Most research on selection processes and organizational fit deals with existing, unfilled positions where expectations and tasks are known and measurable. This article instead evaluates the reasons, processes, and implications of opportunistic hiring—hiring employees before their jobs exist. Examples from an exploratory study show how “fit” factors into selection decisions. A typology is offered along the dimensions of whether opportunistic hiring is used to meet immediate or anticipated needs and the extent to which these needs are articulated prior to selection. © 2005 Wiley Periodicals, Inc.     

Balancing Civil Rights With Safety at Work: Workplace Violence and the ADA

Workplace violence has become an increasingly common occurrence in recent years. During the years 1992–1996, there were over 5,000 job-related homicides in the United States, and in 1996 alone there were 1,364 nonfatal assaults committed by coworkers or former coworkers. Although it would be both inaccurate and inappropriate to suggest that these acts have generally been committed by persons suffering from severe emotional and mental disorders, this is clearly one of the possible explanations. In light of these facts and given the recent Equal Employment Opportunity Commission's Guidance on the Americans with Disabilities Act and Psychiatric Disabilities, the obligations and prerogatives of employers in terms of hiring and posthiring actions need to be discussed. This paper examines the legal issues, the EEOC's Guidance, and offers specific suggestions for developing an effective hiring process, as well as methods to use when dealing with current employees who pose a threat of violence because of mental and emotional disorders.     

Are Suburban Firms More Likely to Discriminate against African-Americans?

This paper assesses whether African-Americans are more likely to experience employment discrimination in the suburbs relative to the central city. We compare central city–suburban differences in racial hiring outcomes for firms where whites are in charge of hiring to the comparable difference for firms where blacks are in charge of hiring. Both suburban black and white employers hire fewer blacks than their central-city counterparts. This geographic gap among black employers is at least as large as that of white employers. Assuming no discrimination by black employers in any location, this implies that the probability of experiencing discrimination does not vary over space. Black firms, however, are substantially more likely to hire black workers regardless of location.     

In Sickness and in Health: Implications for Employers when Bipolar Disorders are Protected Disabilities

This paper explores the potential conflict between employment protections afforded to individuals with bipolar disorder, and employers’ obligations to maintain a safe working environment for others in the workplace. Both the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAA) provide workplace protections to those employees or applicants who are classified as qualified individuals with a disability. A disability is “a substantial impairment—a physical or mental impairment—in a major life activity that would substantially limit that major life activity.” ( 42 U.S.C. §§ 12102(1)(A)-(C)), and “mental impairment” is defined to include individuals with bipolar disorder (42 U.S.C. § 1630.2(h)(2)). These statutes further impose a requirement on employers to make reasonable accommodations for such individuals. In essence, they protect the bipolar employee from any discrimination in the workplace based on their disability, to include harassment by coworkers. However, employers may find themselves caught on the horns of a dilemma. Depending on the nature and severity of the bipolar employee’s conduct toward coworkers, they may also be exposed to liability for harm done to coworkers under negligent retention laws, or even the anti-harassment provisions of other equal employment statutes. If a bipolar employee’s negative behaviors toward coworkers are sufficiently severe or pervasive, they can result in coworkers suffering harassment sufficient to constitute actionable conduct under the ADA. To reduce exposure to litigation, employers must understand both their obligations under the ADA, and the nature of bipolar disorder.     

Employers' hiring practices,employment protection,and costly search: A vacancy-level analysis

An employer with a vacancy may respond to high search costs by lowering hiring requirements. While such an adjustment increases the employer's chances of filling the vacancy, it also more likely results in a match that terminates when the match is hit by match-specific productivity shocks. Drawing on a novel Slovenian vacancy dataset, we find that employers who are searching to fill temporary positions are more likely to hire underqualified workers when search costs are high. We find that search costs are taken into consideration when employers are searching to fill permanent positions in some specifications but not all. These findings suggest that for employers who are searching to fill a permanent position, the benefits of lowering hiring requirements when search costs are high are likely outweighed by: a) high firing costs if an under-qualified worker is hired on a permanent contract or b) the costs of undertaking a new search later if an under-qualified worker is hired on a temporary contract. These are novel findings about the employers' hiring practices in the presence of employment protection laws and costly search.     

A delicate balance protects everyone's rights

Clashes between employee and employer rights spill from the workplace out into the community at large. Drug testing, negligent hiring, sexual harassment and employment at will are issues that affect the individual, the company and the community at large.     

Redefining psychological contracts with the U.S. work force: A critical task for strategic human resource management planners in the 1990s

The well-publicized waves of layoffs in recent years have destroyed the long-standing psychological contract between employees and their employers which promised pay, promotion, and job security in exchange for worker skills, effort, and loyalty. This article provides empirical support for the transformational effect layoffs have had on psychological contracts and discusses the critical role human resource management must play in establishing and developing new contracts to guide future employment relationships between employers and employees. Implications for both academics and practitioners are provided. © 1998 John Wiley & Sons, Inc.     

Regulating employment relations through workplace learning: a study of small employers

Using data from two employer samples, the article develops our understanding of small business employee skill formation and development processes in three main ways. First, it focuses on learning (what employees do) rather than on providing training (what employers do), as it is employee learning which influences individual and organisational performance. Second, it challenges the dominant focus on external training by presenting data on employer enablement of workplace employee learning and their motives for this. The diversity of workplace learning practices and their importance in smaller businesses are highlighted. Third, it situates workplace learning processes firmly within the context of the employment relationship, one in which employers and employees pursue distinctive interests in enabling/participating in learning.     

Small firms and trades unions in services in the 1990s

With the decline in trade union membership it is essential that trade unions recruit employees in small firms in the service sector.* The theme of this article is whether unions can recruit in these firms. The interviews provide insights into the attitudes of employers and employees towards trade unions with possible policy implications.     

Cultural Discrimination: The Reasonable Accommodation of Religion in the Workplace

Reasonable accommodation of religious practices continues to be a problem in the workplace. Recent Supreme Court decisions have enabled employers to exclude employees from the decision-making process of what constitutes a reasonable accommodation of their religious beliefs through the de minimis standard. In this article it is argued that, in most cases, the reason employers have been allowed to discriminate against these employees is the contentious nature of minority religious beliefs with the mainstream religious culture. Because judges view discrimination based on religious beliefs as distinct from the other reasons for discriminatory practices, such as race, sex, or national origin, it appears unlikely that adherents to minority faiths will face any abatement of discrimination in the workplace.     

Employee buyouts and employee involvement: a case study investigation of employee attitudes

This article investigates the association between employee share ownership (ESO) and employee involvement (EI) in an employee‐owned firm.Based on data from the firm’s employers and employees, the article concludes that the mere presence of share ownership is no guarantee on increased involvement for employees, highlighting instead the significance of other variables.     

A question of top talent? The effects of lateral hiring in two emerging economies

On the basis of a qualitative study in two emerging economies, we advance the literature on lateral hiring by developing an integrated phase model to explain how the effects of lateral hiring unfold to affect the originating firm and its employees. Our work uncovered two types of effects on the originating firm, i.e. first-order and second-order effects. Our stage model elucidates how the psychological and emotional effects are manifest to affect the existing employees. Personnel poaching appear to have triggered the quest for meaning and attempts by the existing employees to enhance their visibility, career adaptability and marketability. We discuss implications for practice, theory and research on lateral hiring.     

THE LIMITS TO EMPLOYEE INVOLVEMENT: PROFIT SHARING AND DISCLOSURE OF INFORMATION

This article seeks to exsplore the ways in which profit sharing is used by employers as a means of securing more employoee involvement. Although this is the main reason employeras have gilven for introducing profit sharing, and has been a principal objective of the government's recent initiative over profitrelated pay, the evidence suggests that little so far has been achieved. By examining employers’deeep seated concerns about some of the implications of profit sharing, particularly those that involve disclosure of information, this article argues that employers are reluctant to pursue such a strategy of involvement because of the risk of stimulating employees to demand greater influence in how the enterprise is managed. This prompts a consideration of the conceptual ambiguity surrounding the notion of employee involvement, and the article concludes that the contradicatory implications this entails for employers renders it largely impotent except at the level of rhetoric     

Workers with Disabilities: Exploring the Hiring Intentions of Nonprofit and For-profit Employers

Using the Theory of Planned Behavior as a conceptual framework, focus groups were held with nonprofit and for-profit employers in order to examine behavioral intentions to hire workers with disabilities. Content analysis revealed the following main themes: (1) For-profit hiring strategies were driven by a mission to sell a product or service; (2) Nonprofit hiring strategies were driven by a mission to serve the community; (3) Forprofit hiring and nonprofit hiring were impacted by the economy; (4) Although driven to have diverse workforces, the number of workers with disabilities was largely unknown; and (5) Employer attitudes mattered and impacted job opportunities for people with disabilities. Implications of this qualitative study highlight the utility of the Theory of Planned Behavior and the role that nonprofit managers and leaders may play in improving employment opportunities for individuals with disabilities.     

Health care and retirement costs in North America spiralling uncontrollably: what are employers to do?

This article addresses some of the issues related to the rising costs of employee benefits in the United States and Canada in terms of the cost of retirement pensions and employer-provided health insurance for employees and retirees. We examine various factors that affect the cost of these services for organizations as well as how these might affect the choices employers might be forced to make. We elaborate on how various factors might compel employers to shift the cost of benefits to employees. Specifically, we elaborate on various legislative, economic, and demographic constraints on these employee benefits and examine in detail two employer practices of concern, namely cash balance retirement plans and consumer-directed healthcare plans.     

Integrating the disabled into the work force: A survey of fortune 500 company attitudes and practices

Full participation in the work force continues to be an elusive goal for disabled individuals. One common explanation for this state of affairs is that employers tend to have negative attitudes about what the handicapped have to offer as employees and what is required to integrate them into the work force. Unfortunately, relatively little recent data is available about such attitudes. Thus, a survey of Fortune 500 companies was conducted to examine employers' attitudes toward the disabled. Employers' hiring and accommodation practices were also examined. Results were encouraging for the handicapped in some areas (e.g., performance perceptions) and a cause for concern in others (e.g., the perceived cost of making workplace accommodations). Level of exposure to the handicapped was also related to attitudes and practices. Limitations, research directions, and implications for corporations are discussed.