Employment law 1 Essay Example | Topics and Well Written Essays - 250 words

Employment law 1 - Essay Example In the above case, Wal-Mart is not liable for any offense since US constitution protects employees with criminal background from any form of discriminatory practices in employment matters. Title VII of the Civil Rights Act 1964 prohibits all forms of employment discrimination on the basis of national origin, religion, color, or race (Repa 15). In the above case, Wal-Mart had no hiring policy requiring the criminal background of the potential employees. In the case, Bobby has only previous being convicted of a misdemeanor and not rape. However, Wal-Mart can implement a policy to request the criminal background of employees, but it must put into consideration the nature of job, the gravity of past convicted offense and time lapse since the offense before making the hiring decision (Repa 67). Wal-Mart is not liable for not requesting the criminal background of Bobby since no employment law requires the company to do so. Equal employment opportunity guidelines require all employees to av oid or minimize requesting the criminal background of employees since this may lead to discrimination in employment practices (Walsh 163). Under Equal Employment Opportunity Commission (EEOC) guidelines, Wal-Mart is not supposed to deny Bobby the employment opportunity even if the company has a policy on employee criminal background screening except when the crime is job-related (Walsh 162). Wal-Mart is not liable for any offense in hiring Bobby considering no hiring policy that requires the background checks of employees and the nature of past convictions and the current allegations of