Case Law Policy 2
22 June 2014
Describe the steps followed in the hiring process.
In the United States v. City of Chicago, 549 F.2d 415 (7th Cir. 1977) case, the district court held that the employment practices of the Police Department discriminated against racial minorities and women in violation of Title VII of the Civil Rights Act of 1964 and the equal protection clause. The City of Chicago agreed to an interim hiring agreement that permitted the city to hire six hundred police officers from the 1971 patrolman's and the 1972 police woman's/matron's lists, in three groups of two hundred, with one hundred positions in each group to be filled by minority male candidates, thirty-three by women, and the remaining sixty-seven by white males (United States v. City of Chicago).
Provide the order in which those steps will be completed.
Title VII reads it being “unlawful employment practice for an employer – To limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities” (Aitchison, 2010). Thereby, in the United States v. City of Chicago, the city notified the first group of two hundred to report to the police training academy on January 6, 1975.
Then on February 2, the district court made permanent the principal aspects of the preliminary injunction. To fill immediate vacancies in patrol officer ranks, it first ordered the hiring of four hundred patrol officers pursuant to the uncompleted portion of the interim hiring agreement and second authorized further hiring from the 1971 patrolman's list and the 1972 policewoman's/matron's list in accordance with the racial and sexual percentages specified in that agreement (United States v. City of Chicago).
Finally, hiring and promotion within the Chicago Police Department is governed by state law. The Illinois Municipal Code, Ill.Rev.Stat. ch. 24, § 10-1-7, provides that applicants for positions in a municipal police force must take competitive examinations. Then a roster of eligible candidates is prepared from the results of the examinations, with rank on the roster to be determined by each candidate's scores (United States v. City of Chicago).
What questions are prohibited in the employment application?
The personnel practices of law enforcement agencies changed when the Equal Employment Opportunity Commission (EEOC), banned questions like; 1) an applicant’s medical condition or history, 2) an applicant’s history of workers’ compensation claims (Aitchison, 2004). In addition, the pre-employment / application process should be limited to questions essential for determining if a person is qualified for the job; whereas, information regarding race, sex, national origin, age, and religion are irrelevant in such determinations (EEOC).
Inquiries about organizations, clubs, societies, and lodges of which an applicant may be a member or any other questions, which may indicate the applicant's race, sex, national origin, disability status, age, religion, color or ancestry, should generally be avoided. Similarly, employers should not ask for a photograph of an applicant. If needed for identification purposes, a photograph may be obtained after an offer of employment is made and accepted (EEOC).
When will the conditional offer of employment be given?
According to the ADA, section 102(c), the conditional offer of employment can be given when an employer wants job-related and business necessity related, medical examinations to determine if an applicant is fit for the rigors of the position (Aitchison, 2004).
Describe the steps that will occur after the conditional offer of employment.
After making a job offer, you may ask any disability-related questions and conduct medical examinations as long as you do