Testing

Drug test leads to disability bias suit against Chicago firm

12/19/2011

Employers know to be wary of drug tests because they sometimes falsely show that someone has been using illegal drugs. Now Chicago-based United Insurance has learned of another danger: Drug tests can trigger disability discrimination lawsuits.

After years of litigation, court orders cops’ promotion

12/02/2011

Federal courts don’t like being turned into proxies for HR departments, but they will act when necessary. That’s how the 6th Circuit recently came to order the immediate promotion of police officers in a discrimination case that has been in the courts for more than a decade and still isn’t finished.

Drug testing leads to disability bias suit in Raleigh

11/28/2011

Employers know to be wary of drug tests because they’re sometimes incorrect, falsely indicating that someone has been using illegal drugs. Now the Raleigh office of a national insurance giant has learned of another danger: Drug tests can trigger disability discrimination lawsuits.

What are the risks of using pre-employment tests?

11/09/2011

Q. We’re considering using an online pre-employment screening test designed to determine if an applicant is the right fit for our business. Are there any risks associated with using such tests?

Expanded ADA disabilities coverage may affect drug testing

11/01/2011

We all anticipated that the Americans with Disabilities Act Amendments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.

Known disability, safety concern? Testing OK

11/01/2011

Disabled employees may believe that their employers can never insist that they take a test related to the disability. That’s not true. For example, if an employee has a known disability and is observed making safety-related mistakes, it’s perfectly reasonable to demand an assessment of whether the employee is capable of performing the job.

Even if jobs seem quite similar, feel free to use different hiring criteria

10/31/2011

Employers sometimes have several similar jobs that require almost identical skills, certificates or training. But that doesn’t mean that all these positions can’t have different hiring requirements. Just make sure you can justify the differences.

In Pittsburgh, HIV test and pulled offer prompt ADA suit

10/27/2011

Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …

Absolute ban on all who fail drug test upheld

10/25/2011

The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.

Act fast on firing for misconduct, or risk being liable for unemployment compensation

10/12/2011

If you want to fire someone for misconduct, here’s a good reason not to drag your feet on it. If the delay is too long between the alleged misconduct and the termination, the employee may get unemployment compensation.