Testing

Supreme Court: Title VII deadline clock resets with each new biased decision

05/25/2010

The Supreme Court has unanimously ruled that the Title VII lawsuit clock resets each time an employer uses apparently biased job-qualification tests to make hiring decisions. Lewis v. Chicago recharts the litigation calendar, while recalling two other landmark Supreme Court cases.

How to comply with DOT’s new workplace drug-testing regulations

05/11/2010

The U.S. Department of Transportation has proposed new drug-screening procedures for employees who operate vehicles as part of their work. Some of the covered jobs: airline pilot, train engineer, mechanic and anyone with a commercial driver’s license. Private employers that test other workers should consider adopting the standard.

Creating a drug-free workplace: How to draft a policy, conduct legal tests

05/11/2010

It’s in your best interest to detect employee drug abuse early and root it out immediately. But that’s easier said than done. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.

OK to test for alcohol under ADA?

05/06/2010

Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

Is it legal to condition job offers on passing a drug test?

04/28/2010

Q. Our company wants to begin screening applicants for illegal drugs. Can we make job offers conditioned on the results of a drug test?

Look beyond cliches and puffery to find resume truths

04/07/2010

As unemployment continues to hover near 10%, the temptation to stretch the truth on a résumé is becoming harder for desperate job-seekers to resist. That’s why experts say job applicants are doing more “creative writing” on their résumés these days. And hiring managers need to be more vigilant. Some tips:

Hair tests beat urine tests at identifying drug users

01/13/2010

A new study by Quest Diagnostics shows that hair-based drug tests reveal far more workplace drug users. Reason: Hair testing can identify usage going back up to three months, while urine testing is best at identifying drugs taken within the past three days.

Employment testing and discrimination in the post-Ricci era

01/11/2010

Like every other aspect of the employer-employee relationship, a variety of federal and state laws govern how employers can administer job-related tests. Last year, the U.S. Supreme Court ruled in Ricci v. DeStefano that employers violate Title VII if they do not validate job testing results solely because they fear a lawsuit.

Wasted at work? You don’t have to tolerate it!

01/11/2010

Some employers foolishly worry that they may violate the ADA or the FMLA if they enforce a zero-tolerance policy that forbids employees to work under the influence of alcohol. The simple reality is that employers have every right to expect workers to show up sober in the morning. Furthermore, being an alcoholic is no excuse.

Keep your workplace drug-free without creating liability

01/07/2010

When drug abuse isn’t an obvious problem in the workplace, it’s easy for employers to develop a cavalier attitude about it. That’s not smart. It’s in your best interest to detect employee drug abuse early and root it out immediately. But that’s easier said than done. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.