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Testing

Dayton revises police exam following race bias settlement

03/31/2011

As part of a settlement with the U.S. Department of Justice, the city of Dayton has revised its police entrance examination. The DOJ and Dayton had settled a 2009 suit involving allegations that the city discriminated against black applicants who applied for jobs in both the police and fire departments.

Require medical exams if they’re job-related

03/18/2011

You may have read that employers aren’t permitted to force employees to take medical exams because they could reveal a disability. While pre-employment, pre-job-offer medical exams are barred, there are times when medical exams are fine. The key is whether the exams are job-related and consistent with business necessity.

When administering job tests, ensure they’re job-related and fair to all employees

03/14/2011
Be wary of employment tests that seem to have a disparate impact on members of a protected class. You must be ready to show the tests are valid and focus on the real skills required to do a job.

Bias lawsuit alert: If you use job tests, your legal team better include statisticians, too!

02/09/2011

Employment tests generally are a legal minefield. If members of a protected class score significantly lower than other groups, you can expect a lawsuit alleging the test had a disparate impact. And as the following case shows, even court-approved testing procedures are no protection.

No requirement to tell about drug retest rights

01/28/2011

North Carolina has stringent rules to ensure that employers test their employees for drug use in an accurate and reliable way. The law requires retaining enough of the blood or urine sample so a second test can be conducted if necessary. However, the law doesn’t require employers to tell employees about their retesting rights.

No private ‘do-over’ if applicant flunks test

01/28/2011
Do you use standardized tests to determine if applicants meet the minimum requirements for a job? If so, remember this: An applicant who fails a fairly administered test (after receiving a conditional offer of employment) can’t go out and take the test privately and then demand reconsideration.

EEOC’s final GINA regs emphasize employee notification

12/21/2010
The EEOC has issued final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA), clarifying employer compliance issues and offering model language to help employees understand their rights under the law.

2 Vikings know what their post-season won’t include

11/22/2010
Barring an unlikely change of fortune, the Minnesota Vikings aren’t going to Dallas for the Super Bowl this year. Two Vikings players—defensive linemen Kevin and Pat Williams—also know they’re not going to Washington after the regular season ends.

EEOC: U.S. Steel blew it with random alcohol testing policy

11/15/2010
The EEOC has sued U.S. Steel—with Illinois operations in Granite City—because the company’s policy of randomly testing probationary employees for alcohol allegedly violates the ADA.

EEOC: U.S. Steel blew it with random alcohol testing policy

11/11/2010
The EEOC has sued U.S. Steel—with Minnesota operations in Hibbing, Ishpeming, Keewatin and Mountain Iron—because the company’s policy of randomly testing probationary employees for alcohol allegedly violates the ADA.