Case Analysis: Is it fair to Ban Tobacco Users in Hiring Process?

Case Analysis: Is it fair to Ban Tobacco Users in Hiring Process?

Part I: “Situation Analysis: What is the most important problem?”

In the situational analysis part of this case, we will identify and highlight the most important problem in the case. This case is about Scott Rodrigues, who was fired shortly from the company after being hired. The company was the Scotts Company, LLC. The reason due to which Scott Rodrigues was fired from Scotts Company, LLC is that he was unable to pass a medical test of urine, as some quantity of nicotine was identified in his urine during the medical test. The most important problem in that is it reasonable to disallow the users of tobacco in the hiring process (Rumberger et al., 2010).

The ban on the hiring of the users of tobacco may counter several legal, social, and ethical issues. The biggest social issue is that no one can stop anyone from smoking tobacco by not hiring him for a job. This is obviously a forceful prohibition on the personal habits of any person, which is also an unethical practice.

The case of Scott Rodrigues and Scotts Company, LLC was brought in the court. The court made it explicitly clear that Rodrigues was not protected by any kind privacy interest. The main reason behind this statement of court was that Scott Rodrigues never kept the matter of his smoking as a private or confidential act. He never tried to keep his habit of smoking hidden from anyone. The court gave the clarification that a person like Scott Rodrigues, is nit usually expected to get the benefits under the ERISA plan of their probable employer. ERISA means 'Employee Retirement Income Security Act'. ERISA makes it sure that a person is not terminated from his job by his employer in order to cut the expenditures on health and medical care (Nanette et al., 2011).

Part II: “Problem Analysis: What are the causes of the problem?”

In the problem analysis part of this, case we will identify and highlight and discuss all possible and major causes of the above discussed problem. The main causes of the above discussed problems are: the Scott Rodrigues' habit of smoking the tobacco, and the second main cause is the policy of the Scotts Company, LLC of not to hire the users of tobacco. There are several reasons behind such policies of Scotts Company, LLC. Smoking is a serious and very major health risk. This risk contributed to the fact that many employers in the United States have established the policy of not to hire the users of tobacco. Such employers carry out the medical tests (e.g., the urine test) of the person to be hired. If nicotine is identified in the blood or urine samples of candidate (i.e. the nicotine test is found to be positive), then employers do not hire such candidates and reject them. The imposition of such type of ban on hiring the users of ...