gers have interpreted the Supreme CourtsGriggs EEO Opinion too narrowly. These supervisors might conclude that themanifest relationship needed to argue in favor of a business necessityexception in using a particular employment qualification is nearlyimpossible to attain. As such, the overly awed human resources professionalmight ignore the need to incorporate certain job requirements into a jobdescription, fearing an EEO charge alleging dispararte impact. Thesemanagers, however, must look at each job and the effective and safeperformance of that job, and then compare performance to equivalent andrequired job specifications. effective and safe job performance includesreducing unnecessary public risks when making employment decisions. Ifthere is a Bona Fida need to affect a protected class adversly so that aparticular job may be performed effectively and safely, claim the businessnecessity exception. By Ignoring such exceptions, the human resourcesmanager may be increasing his or her exposure to negligent hiring/retentionclaims. Prudent human resources professionals also must address the need ofawareness and understanding associated with the legal theory og negligenthiring/retention. They should balance this area of the law with equalemployment mandates and privacy considerations and develop basic pre- andpost- employment policies and practices. The EEO exceptions allowed underbusiness necessity should be persued aggressively whenever appropriate.Place particular emphasis on the pre-employment stage, and managementshould adhere consistently to prudent preemployment procedures. Someguidelines are available that may help derive complete backgroundinformation about job applicants. Although they are not new, some of theseproposals are controversial and thier use should be governed by anemployer's need for certain information, state and federal laws ( e.g.criminal convictions information ).1) Require all job applicants to complete an employ...
