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Hiring

Don’t Rely on ‘Same-Actor’ Defense

08/01/2002

Q. If an employee claims she was discriminated against by the same supervisor who hired and fired her, does the employer have a defense to the discrimination claim? —S.D., New Jersey

Job descriptions: Make ’em lawsuit-proof

08/01/2002
Job descriptions are among the first items that courts examine to determine the legitimacy of a discrimination charge. You can use them as part of a defense in court only if …

Lax hiring process will cost you

08/01/2002
For nearly two years, Joyce Dennis worked in progressively more responsible jobs at a South Carolina hospital. But when she interviewed for a promotion to ER registration supervisor, the hiring manager …

Rehiring ex-addict? Get proof of rehab

08/01/2002
Joel Hernandez had worked for Hughes Aircraft for 25 years when he tested positive for cocaine during a workplace drug test. Rather than be fired, he resigned. The company noted in …

Tread Carefully With Drug Test, Psychiatric Help

08/01/2002

Q. Can we suggest psychiatric help for an employee who we suspect may be having trouble with substance abuse? And can we require a random drug test? —H.J., Texas

ADA: You can deny jobs that threaten workers’ own safety, health

07/01/2002
In a solid win for employers, the U.S. Supreme Court last month ruled that the Americans with Disabilities Act (ADA) doesn’t entitle employees to jobs that might endanger their health, even …

EEOC issues more guidance on anti-Muslim bias

07/01/2002
Between Sept. 11, 2001, and May 7, 2002, the U.S. Equal Employment Opportunity Commission (EEOC) received 497 job-bias complaints on the basis of Muslim religion. That’s compared with 193 complaints over …

Teen work: Heed strict limits on hours, conditions

07/01/2002
THE LAW. Teens are a great source of labor, especially during the summer. But the federal Fair Labor Standards Act (FLSA) sets strict limits on the hours they can work and …

I-9 form: Feds give mixed message about which IDs you can accept

07/01/2002
When filing Employment Eligibility Verification forms (I-9s) for new hires, you may be unknowingly accepting documents that no longer are allowed. Reason: The I-9 version that em-ployers are given and …

References: Stick to Facts

06/01/2002

Q. An employer asked us for job verification on an employee we fired. It has a written consent form from the worker allowing the query. Can I release any and all information regarding the ex-employee’s history with us? —R.F., Colorado