Case Study

You are employed as the HR Manager for WaterMountainAmusement Park.This amusement complex employs full-time, part-time, permanent and short-term contract (summer students) employees.The amusement complex includes rides, games, food outlets, petting zoo with pony rides, a water park and other amenities that are common in the industry.The administration office employs 20 permanent staff members and, during peak season, the amusement complex employs over 400 front line workers.

Two months ago, despite there being several lifeguards in the water park area, an unfortunate accident resulted in the drowning of a child.

Following a meeting with the board of directors, the Vice-President of the company has informed you that the board wants the company to implement a new hiring policy that requires all new employees of the company to be able to swim and to undergo and pass physical fitness/swim tests before being hired.

The Vice-President has met with you to discuss pursuing such a hiring policy

Q.The Vice-President asks you whether there are any concerns from a legal perspective that you think the board should be aware of before deciding on such a hiring policy that requires all new employees to be able to swim.Identify the legal concerns you have that are associated with the suggested hiring policy.Explain your answer fully. Provide advice on how to address these concerns and what the company should do to minimize legal risks

Q.Identify any concerns you have about proposed policy to test applicants. If the company insists on testing, identify the most appropriate way in which they should do so

Q.Consider what it is that the company is trying to achieve. Identify some alternatives in the hiring practices of the company (instead of testing) that you could point to, or recommend, that would fulfill this purpose.