Testing

Follow these 3 rules for conducting pre-hire medical tests

09/01/2003

Issue: Requiring a medical test before hiring an applicant is smart, but it carries legal risks.
Risk: A wrong step can trigger Americans with Disabilities Act (ADA) or privacy lawsuits …

ADA UPDATE

08/01/2003

A pair of recent Americans with Disabilities Act (ADA) rulings provide two important lessons for employers: First, have well-written job descriptions for each position …

Pre-employment testing: Know the legal limits

08/01/2003

THE LAW. Pre-employment tests are an effective tool to discover applicant’s skills or abilities that can’t be gleaned from an application or interview. And …

Drug testing: Minimize lawsuit risk with smart policy

07/01/2003

THE LAW. You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance abuse prevention …

Dyslexia and the ADA: Don’t Screen for Disability

07/01/2003

Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests? —F.D., Ohio

Be wary of giving employees automatic post-injury drug tests

04/01/2003

Steer clear of drafting (or continuing to follow) a company policy that says all employees involved in workplace accidents will automatically receive …

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

Create a job testing policy that’s rock solid and bias-proof

03/01/2002

Charles Sledge, an African-American builder at a tire manufacturing plant for 23 years, was repeatedly denied the chance to interview for a promotion to mechanic. In every case, the positions were …

Sidestep liability when releasing information on ex-employees

01/01/2002

Wal-Mart fired truck driver Joseph Tracz after he tested positive for drugs. When he applied for another job, Tracz signed an authorization form allowing Wal-Mart to release his past drug tests. …