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Testing

Require an applicant medical exam? Job offer must come first

01/01/2008

The ADA protects job applicants from discrimination based on disability, and one of these protections is the right to be free from medical tests or examinations as part of the initial selection process. An employer can ask an applicant to undergo a job-related medical examination only after it has made a job offer …

Consider ADA, discrimination, validity issues when using personality tests

12/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately reflect an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

‘Blacklisting’ for prior EEOC complaints may be retaliation

12/01/2007

Title VII of the federal Civil Rights Act outlaws retaliation against applicants or employees because they have filed EEOC complaints or participated in EEOC proceedings. But that prohibition applies equally to EEOC complaints that job applicants may have filed against other employers. In other words, “blacklisting” an applicant because you know she filed an EEOC complaint against another employer is illegal retaliation …

Workplace genetic testing raises discrimination concerns

12/01/2007

Advances in genetic research have renewed attention on the workplace implications of genetic testing. Genetic research has many potential benefits. But there is growing concern that employers with access to genetic information may use it to discriminate …

DOT squeaks by drug-Test leak

11/01/2007

Peter Giaccio Jr., a boilermaker for New York City’s Department of Transportation (DOT), sued the department for leaking the results of a random drug test that revealed marijuana use. Giaccio, being in a “safety-sensitive” position, was subject to random testing, which he failed twice …

Consider ADA, discrimination, validity issues when using personality tests

11/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately predict an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

This cup’s for you: The right way to test for drugs

10/01/2007

With an increasing number of employees just saying “yes” to drugs these days, you can expect more Indiana companies to develop random drug-testing programs and establish rules that allow them to fire workers who test positive or don’t cooperate with the test. One note of caution: Make sure you can demonstrate that your drug test results are accurate and reliable …

Georgia-Pacific’s literacy test fails to make the grade

10/01/2007

The U.S. Labor Department recently ruled that Georgia-Pacific’s use of a literacy test to screen applicants for jobs at its paper mills is discriminatory. The reason: Paper-mill workers don’t need to read well and black applicants are far more likely to fail a literacy test than whites, the department said …

Can we conduct medical exams before we make offers to out-of-state applicants?

10/01/2007

Q. My company would like to institute a policy of conducting medical examinations on out-of-state applicants when workers interview here for jobs. This would reduce the number of trips an applicant would have to make before beginning employment with our company. The test results would be sealed (so the information cannot be relied upon in making job offers) and would be reviewed only if we offered, and the applicant accepted, a conditional offer of employment. Would such an arrangement violate the ADA? …

How to draft a legal drug testing policy

09/01/2007

Q. I recently read a report that said drug use among employees actually went up in the past decade. We’re considering starting to do drug tests. What should our policy say? —L.U. …