05/15/2008
In December, the EEOC issued new guidance on employment tests and selection procedures under three laws: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The key to complying is to make sure each employment test is directly job-related and focuses on business necessity ...
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05/06/2008
Congress just passed the nation’s first federal law prohibiting employers and insurance companies from discriminating against individuals on the basis of genetic information, a protection critics have called “a remedy in search of a problem.” Find out what the Genetic Information Non-Discrimination Act prohibits, and why some believe it could cause trouble for employers.
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05/05/2008
Does your hiring process build in safeguards to prevent inadvertent disability discrimination? If you’re unsure, follow these guidelines for setting up the right process ...
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04/18/2008
Many government employers ask applicants to submit to drug testing before beginning work. A recent 9th Circuit Court of Appeals ruling may make employers rethink that strategy and prepare to clearly articulate a business-related reason for drug tests. A blanket testing policy may spell trouble ...
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04/01/2008
Q. Last week, one of our employees drove a piece of equipment into a shelving unit. The employee caused substantial damage to the equipment and the products on the shelves. He could have seriously injured a co-worker. The employee’s supervisor reported that the employee’s eyes were glassy and bloodshot. Can we require the employee to submit to a drug test? — S.S., White Bear Lake ...
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04/01/2008
In recent months, the EEOC has made a lot of noise about new initiatives to combat workplace discrimination. Three of the most prominent include (1) the E-RACE Initiative, (2) employment testing and (3) protections for caregivers ...
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04/01/2008
Q. We require new employees to undergo pre-employment medical exams. May we require a new employee to cover the cost of the exam? We have 35 employees ...
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03/01/2008
The courts look unfavorably on literacy tests for positions that don’t directly require writing skills, as seen by a recent U.S. District Court decision for the Southern District of Ohio. The court awarded $1.6 million to 700 black workers who were screened out of apprenticeship programs at Ford Motor Company, Visteon Corp. and Automotive Components Holdings ...
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03/01/2008
The California Supreme Court has ruled that an employer doesn’t have to accommodate an employee’s marijuana use even though he had a valid prescription. Employers can and should continue to use post-offer, pre-employment drug tests if having a work force free of impairment is an important safety consideration ...
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03/01/2008
Women accounted for half of new hires at an Iowa meatpacker until the company instituted a new pre-hire lifting test. Then the percentage of women fell to 15%. Fifty-two female applicants who failed the test and weren’t hired sued for discrimination and won $3.3 million ...
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03/01/2008
Q. I recently heard that Congress was considering legislation that would bar employers from using individuals’ genetic information when making hiring, firing, job placement or promotion decisions. Is there a state statute addressing this matter? ...
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03/01/2008
Georgia employers participating in the state’s drug-free workplace (DFW) program must be careful to strictly follow the program’s guidelines or risk incurring workers’ compensation benefit liability they never intended ...
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02/01/2008
A New York City Police Department counterterrorism detective said he failed a drug test in 2005 because his wife spiked his meatballs with marijuana ...
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02/01/2008
Q. Recently, money from my office’s petty cash lockbox came up missing. As a part of our investigation, can we require employees to take a lie detector test? ...
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02/01/2008
Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) limits employers’ ability to test employees and independent contractors for illegal drugs and alcohol. While DATWA does not require employers to perform drug testing, it governs the process if employers elect to do so ...
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