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13 Emp. Resp. & Rts. J. 1 (2001)

handle is hein.journals/emprrj13 and id is 1 raw text is: Employee Responsibilities and Rights Journal, Vol. 13, No. 1, March 2001 (© 2002)

Selection in the Workplace: Whose Rights Prevail?
Mary L. Connerley,'? Richard D. Arvey,2 Stephen W. Gilliland3
Fred A. Mael,4 Ramona L. Paetzold,5 and Paul R. Sackett6
The selection process involves a very difficult balancing act for employers who have to
weigh the rights and concerns of applicants, current employees, the organization itself, and
society as a whole. Each of these perspectives brings with it its own set of concerns and
issues that need to be considered in the broader hiring arena. Applicants assert the right
to be treated fairly while being evaluated for a position; current employees assert the right to
productive coworkers who will not harm them on the job, organizations assert the right to
hire qualified employees while remaining cognizant of the legal issues that surround the
hiring process; and society as a whole asserts the right to a process that benefits the greater
good. But, with each of these groups pursuing these rights, an important question arises
as to whose rights prevail when there is a conflict. This paper, through the use of a true
scenario, explores the difficult balancing act between rights and concerns of applicants,
current employees, organizations, and society as a whole and discusses whose rights should
take priority when they conflict.
KEY WORDS: selection; privacy rights.
WORKPLACE PRIVACY IN GENERAL
Although privacy rights have always been a concern, there is currently an increase in
interest in privacy issues. This increased interest can be seen from a wide range of par-
ties. First, applicant perceptions of fairness have been found to be important in job pursuit
intentions (Arvey & Sackett, 1993; Gilliland, 1993). Thus, if applicants feel their privacy
has been unnecessarily invaded during the recruitment or selection process, those who have
other options, probably those most qualified, are more likely to show their displeasure by
pursuing other organizations. Second, employees' awareness of privacy issues seem to be
on the rise paralleling the increase in technology and electronic workplaces (Ganft, 1995;
1Department of Management, Virginia Polytechnic Institute and State University, Blacksburg, Virginia.
2Carlson School of Management, University of Minnesota, Minneapolis, Minnesota.
3Department of Management and Policy, University of Arizona, Tucson, Arizona.
4American Institutes for Research, Washington, District of Columbia.
5Department of Management, Texas A&M University, College Station, Texas.
6Department of Psychology, University of Minnesota, Minneapolis, Minnesota.
7To whom correspondence should be addressed at Department of Management, 2007 Pamplin Hall, Virginia
Polytechnic Institute and State University, Blacksburg, Virginia 24061; e-mail: maryc@vt.edu.
1

0892-7545/01/0300-0001/0 © 2002 Plenum Publishing Corporation

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