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Answer the Following two questions:
1. What policy would you recommend an employer adopt regarding use
of criminal history in hiring decisions? Why? Would the policy differ according
to the type of job in question? If so, how?
2. An employee was
hired as a service technician by a telecommunications company to perform
unsupervised in-home installations and repairs. On his application, he
indicated that he had never been convicted of a felony or misdemeanor. It was
discovered in a criminal background check conducted about three months later
that the man had been arrested in 1982 for attempted murder and found not
guilty by reason of insanity. He had beencommitedto a
state psychiatric hospital for two and a half years and spent an additional six
months in another mental health facility. Although the man’s immediate
supervisor recommended that he be retained because he had been performing well,
he was terminated. The reason given for the termination was that he had
falsified his application. However, comments were also made by various managers
that the man had an “emotional dysfunction” that might cause him to engage in
this type of behavior on the job, that he might “go off” on a customer, and
that due to the time he had spent in a “mental ward,” the company could not
risk retaining him. The terminated employee sued. What should the court decide?
Why?(Josephs v. Pacific Bell,
443 F.3d 1050 (9thCir. 2006)).
Each question at least 200 words. No plagiarism. Using easy vocabulary is enough.