Testing

Make sure all medical tests you require are truly job-related and necessary

03/20/2009

Watch out! Some tests you use to see whether employees or applicants are suitable for a job could screen out individuals with disabilities. You could wind up in court defending against an ADA claim.

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.

Will sealing medical examinations shield us from ADA liability?

03/03/2009

Q. To accommodate out-of-state applicants, we want to conduct medical exams when workers interview on-site for jobs. The test results would be sealed and would be reviewed only if an applicant were offered and accepted a conditional offer of employment. This would reduce the number of trips an applicant would have to make before starting work. Would such an arrangement violate the ADA?

Applicant injured after passing medical exam? Demand another

02/24/2009

It’s common to make a job offer contingent on the applicant passing a job-related medical examination. But what happens if the applicant passes the exam and then becomes ill or injured before starting work? In those cases, the employer can demand another exam or more information.

No home specimen collection for Newark P.D. drug tests

02/24/2009

When Newark police department representatives went to an unidentified officer’s home while he was on sick leave to collect a urine sample for drug testing, it upset the police union.

Make agreements truly a last chance: It’s OK to forbid appeals or challenges

02/05/2009

If you want to give an employee one last chance to fly right, you can use a so-called “last chance agreement.” Such contracts can be used, for example, to set the terms for being drug or alcohol free and submitting to random testing. Last-chance agreements can even include tough terms

U.S. Supreme Court to hear reverse discrimination appeal

02/05/2009

The U.S. Supreme Court has agreed to review a reverse discrimination ruling by the 2nd Circuit Court of Appeals, which had upheld a lower court’s decision that the city of New Haven, Conn., could refuse to certify the results of two fire department promotion exams…

Are we required to send job-offer letters?

01/16/2009

Q. Are we required to give applicants official offer letters? What does a letter have to spell out?

State agency cuts drug testing to stretch shrinking budget

01/16/2009

The Illinois Department of Children and Family Services (DCFS) has stopped conducting drug tests on job applicants as a cost-cutting measure. DCFS introduced the drug tests in February 2008 for all applicants for jobs that involved direct contact with children and families.

What are the new rules on observation of DOT-mandated drug and alcohol tests?

01/09/2009

Q. Is it true that someone now has to watch my employees give urine specimens as part of DOT drug and alcohol testing?