Testing

Ohio state troopers accused of cheating are fired

10/03/2008

The Ohio State Highway Patrol (OSHP) fired 12 state troopers in September for allegedly cheating on an exam that certifies police officers to administer breath-alcohol sensing tests to suspected drunken drivers …

DOJ to Dayton: Diversify public safety ranks or go to court

10/03/2008

The U.S. Justice Department (DOJ) says the city of Dayton’s hiring practices have systematically discriminated against black applicants for police and firefighter jobs …

May we demand applicants pay for medical exams?

08/22/2008

Q. Our company requires applicants for certain classes of jobs to have medical examinations as a condition of employment. Can we require the potential employee to pay the costs of the medical examinations? …

Transportation companies face new drug-Testing requirements

08/21/2008

Starting Aug. 25, organizations that must comply with U.S. Department of Transportation drug-testing regulations face new requirements. The new rules affect “return-to-duty” drug tests given to employees who previously tested positive or underwent drug rehab …

Make sure fitness tests don’t unfairly target women

08/12/2008

Some jobs obviously require that the employees who perform them be in excellent physical condition. For example, firefighters and others engaged in heavy physical work may have to be extremely physically fit. It’s legitimate for employers to test those physical abilities on a regular basis. Be careful, though, about how you administer those tests to men and women …

The legality of requiring job application fees

08/05/2008

Q. We have a problem with applicants who pass the pre-hiring process but then decide for some reason that they don’t want the job after all. They fail to show up their first day on the job. By that time, we have already spent time and money on drug tests and orientation, and turned down other promising applicants. Can we require applicants to submit fees to apply, which we will refund if we don’t hire them, or if they remain employed for a minimum period of time? …

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008

President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Pre-Employment tests

07/22/2008

Q. Our company operates a distribution warehouse. Our application process used to be very simple—applicants would come into the warehouse and voice their interest. We would do a quick interview on the spot and usually hire the person. Since then our company has grown significantly and we want to make sure we are in compliance with current regulations. In order to work in the warehouse, employees must be able to lift at least 75 pounds. During an interview, can we ask what disabilities, if any, an applicant may have? We just want to make sure our employees are able to lift the boxes. …

UPS accused of blacklisting following disputed drug test

07/01/2008

UPS fired Greg Leach from his position as a driver after he tested positive for cocaine. Leach demanded a retest, insisting he hadn’t used cocaine in more than 20 years. The company complied, but Leach said UPS did not properly administer the test …

What North Carolina laws affect employer substance abuse policies?