As an EEO investigator, the first step is to confirm Tim's selection criteria in his organization. The purpose of the verification is to determine whether the process violates federal anti-discrimination rules, which may limit or exclude some individuals from receiving employment opportunities (Walsh, 2015). When aligned/tested with current laws, the recruitment criteria do not appear to be discriminatory. Furthermore, Tim does not apply the credentials to a certain group of persons; rather, the procedures apply to all candidates. It is obvious that all candidates, regardless of their history, color, or any other criteria, go through the same hiring procedure. Also, as affirmed by Connolly & Feinstein (2017), any employer has the legal mandate to use any legal interview process to get the best candidate to suit for the positions in his organization.
In particular, the case for the female complainant lacks legal grounds. Logically, an ideal way to get the best driver is to request for a valid driving license, which affirms that the applicant has attended a driving school, and hold sufficient expertise on driving. Tim makes sure that every applicant produces the driving license, hence, he is not discriminatory or in favor of some people. If there are no criteria for getting the skilled driver from the many applicants who may be willing to get the job, then, Tim may end up hiring unskilled task force, which might bring substantial losses to his enterprise. Furthermore, according to (Walsh (2015), all the employers have the legal right of using any acceptable procedure to get the most talented and skilled task force in their firms to attain the set objectives.
In the case of the second complainant, he may also not win the lawsuit. The first thing that Tim can use to distinguish between educated and uneducated applicants is by the use of high school diploma. Then, Tim derived the content in the short and pencil test from the General Education Degree, which means, there is no way an applicant can pass the test if he/she has no high school basic. In fact, Tim is cautious and serious about his business, where he wants to get the most experienced personnel, and that is what every employer or manager could do. Therefore, Tim has nothing to worry about as he has done the right thing to ensure the success and productivity of his enterprise. The problems could have raised if the selection process applied by Tim was not fairly administered to everyone, and the recruitment is made based on discriminatory criteria.
All the selection requirements set by Tim are Job-related, where they assist him to select the most qualified candidates to fit for the job positions. For instance, a high school diploma acts as evidence that the applicant has a basic knowledge of general education, which shows that the candidate can read and understand the given job instructions, and he/she is up to the task. Again, the driving license is unbeatable as no one who is authorized to drive any vehicle without a driving license as he/he is endangering his life and that of others. Nevertheless, a high school education assists the truck driver to professionally handle critical tasks, such as calculating mileage, communication skills with different stakeholders, as he may be sent to various places to take or receive cargos and in all these areas, he/she must meet professionals who need practical communications. Moreover, general education skills will make sure that the driver has no challenges with reading road signs, interpreting road maps and directions among others. Therefore, all Tim’s demands of the job positions are job-related, and every straight-thinking employer or manager will do the same to employ the most competent workers.
References
Connolly Jr, W. B., Connolly, M. J., & Feinstein, J. (2017). A practical guide to equal employment opportunity. Law Journal Press.
Walsh, D. J. (2015). Employment law for human resource practice. Nelson Education.
