Day 124 - 10 May 95 - Page 27
1 Q. Or to discriminate?
2 A. -- dismiss the individual if they were -----
3
4 MR. JUSTICE BELL: I think probably what Mr. Morris is asking,
5 was this all because they thought they were less than
6 reliable, or was it because it was thought they put an
7 unattractive pressure upon the subject of the test, or was
8 it some other reason? Do you know yourself?
9 A. I can only give you my opinion, my Lord. You know,
10 I would not -- I could not say that I would be the expert
11 on it, but I would say it is a combination of both, a
12 combination of both. The reliability of the test was
13 predicated to a large extent on the proficiency of the
14 interviewer. It became very obvious at the time with the
15 proliferation of those tests around the country, security
16 agencies that provided security service to places of
17 business usually had individuals in their employ that
18 conducted these tests and, in many cases, they were not
19 well trained individuals.
20
21 In some cases, you know, the results of those tests were
22 highly contested by individuals that received the test and
23 that certainly had a bearing on the use of the test by
24 businesses. Good managers, I would say, used them from
25 time to time. Poor managers used them indiscriminately.
26
27 MR. MORRIS: Just a couple of things: Is it not true now that
28 application forms for McDonald's in the United States state
29 on them that they cannot be asked about their previous
30 convictions, talking about crew members?
31 A. Mmm, that may be the case. It would seem -----
32
33 Q. Is that the law that you are not allowed to ask employees
34 about their previous convictions?
35 A. That may be. I cannot say that I really know the
36 answer to that question, whether it is the law.
37
38 Q. Is it McDonald's policy now?
39 A. Obviously, as an employer, OK, it is helpful for me to
40 know that the people that I am hiring are on the up and up
41 and have not been guilty of committing any felonies.
42 I know, as a Manager, as a Supervisor, I required -----
43
44 MR. JUSTICE BELL: Do you know what the position is now with
45 regard to the law, in general, in the United States or with
46 regard to McDonald's forms, because with regard to
47 McDonald's forms you said "maybe"? Do you know whether
48 they have something to that effect on them?
49 A. I think there is a distinction between crew people and
50 members of management.
51
52 MR. MORRIS: Yes.
53 A. I believe for management it is permissible to ask those
54 questions; for crew I do not believe it is possible. That
55 is my interpretation. I would suggest that, you know, a
56 more definitive response to that can be given by
57 Mr. Stein. I mean, he could give you -- cite the law.
58
59 Q. When you said that you questioned managers on whether they
60 had done anything or intended to do, I presume, or
