Question

A company is consistently having trouble hiring designers in its creative department, a critical team within marketing that produces all the graphic and visual art deliverables for clients. After several weeks, the recruiting team finds a strong candidate. The candidate requests working first as an independent contractor and then transitioning to permanent employment. After two weeks, things are going well, and the creative department manager is working with the HR manager to extend an employment offer. Company policy requires all new hire candidates to successfully pass a drug screen as a condition of employment, but the candidate tests positive for marijuana. The HR manager questions the candidate, who states that the drug was used only in a state where recreational use is legal.

The creative manager requests that the HR manager make an exception to the company policy and allow the hiring process to continue. How should the HR manager address the request?

A. Explain to the creative manager that this is a long-standing employment requirement.
B. Confidentially inquire if the candidate has a medical condition that covers the drug for medicinal purposes.
C. Offer to retest the candidate at the same screening agency.
D. State that the candidate can continue working as an independent contractor.

Answer 1

The HR manager must balance company policy, legal compliance, and EEOC guidelines while considering the request to hire a candidate who failed a drug screen.

Step-by-step explanation:

The HR manager shtes in a state where marijuana is illegal or has a strict drug-free policy, the HR manager may need to explain to the creative manager that the employment requirement is a long-standing policy that ensures legal compliance and workplace safety. However, if the candidate has a medical condition that necessitates the use of marijuana, the HR manager could confidentially inquire about this.

The HR manager should also eould carefully consider the company's policies, legal requirements, and any precedents that may be set by making an exception. If the company operansure that any actions taken are not discriminatory and in line with the U.S. Equal Employment Opportunity Commission (EEOC) guidelines.