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

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