Business Entities Law

In the construction scenario, Mel-lin is the hiring manager and needs to hire someone with a high school diploma is the only description for the job. Four peoples applied for the position at the Surebuild, Inc. ( Construction Company); Michelle has experience, high school diploma, was formerly employed as a jackhammer operator and is pregnant, Eric has no experience and no high school diploma; Felipe speak no English, no high school diploma, but is experienced in jackhammer; Nick has epileptic, has a college degree, and no experience with a jackhammer. All four of then applied for the opening at the company.

The only person qualified for the position is pregnant. The Pregnancy Discrimination Act states: "employment discrimination because of pregnancy, childbirth, or related medical conditions is forbidden." (Cheesemen, 2010.pg 356, chapt.19). So the company does have the right to not hire if the candidate cannot perform the essential functions of the job. The pregnancy state may keep her from performing the essential functions of a jackhammer job.

Eric's experience must be noted, but it also must be noted that he does not have a high school diploma. This is one of the conditions of employment, it would have to be decided if maybe Eric would be willing to work on getting the diplomas as part of the job and the company could work with him to do so.

Filipe's experience must be considered, also noted that there is no high school diploma. He cannot be discriminated against because he speaks no English. Discrimination of race or national origin would fall under the title VI and VII of the Civil Rights Act of 1964. However, he also does not have a high school diploma and he would need to speak enough English to be able to understand orders and work assignments. If a high school diploma is required he could be asked to work toward one as part of employment. It would depend on how much English he understood if he can understand enough to take orders on how to do...