05/14/2013
Staffing agencies conduct lots of drug tests—and hear lots of excuses when applicants fail. Scott Morefield, of AtWork Personnel Services, recounts these:
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04/03/2013
The NYPD has agreed to a settlement in a disability discrimination case filed by the U.S. Department of Justice. An applicant for a school crossing guard position had filed the complaint and later sued, alleging that the NYPD required a physical examination immediately upon completion of a job application.
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01/21/2013
HR Law 101: Drug testing and substance abuse prevention programs can involve substantial legal liability if employers don't manage and administer them properly. If your organization decides to implement a drug testing program, there are ways to minimize the risk of employee lawsuits ...
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01/16/2013
Every company wants managers who can efficiently identify, define and resolve problems. Don’t assume that management applicants with top references and experience have great analytical skills. Instead, find out for yourself by asking some of these questions.
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12/12/2012
The Minnesota Court of Appeals recently gave employers some certainty regarding the state’s Drug and Alcohol Testing in the Workplace Act. But that certainty is a double-edged sword.
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12/12/2012
If your organization conducts background checks on applicants or employees through a third-party company, you must comply with the Fair Credit Reporting Act (FCRA), which is enforced by the Federal Trade Commission. Here are the steps to comply with the FCRA, according to the U.S. Bureau of Consumer Protection:
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12/05/2012
If you use off-the-shelf pre-employment tests to screen applicants, watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues and alleges some form of discrimination. Reason: Such commercial tests are in the EEOC’s cross hairs.
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12/03/2012
Q. We are thinking about using personality tests to evaluate whether applicants would be friendly and communicate well with our customers. Does using such a test expose us to potential lawsuits?
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10/27/2012
Do you use off-the-shelf pre-employment tests to screen applicants? Watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues, alleging some form of discrimination.
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07/31/2012
Between 2005 and 2011, the Corpus Christi Police Department hired 113 male entry-level police officers—and just 12 women. The U.S. Department of Justice thinks it knows the reason for the disparity: a physical ability test that most men can pass but few women can.
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07/13/2012
Q. A couple of weeks ago, an employee came into work smelling like alcohol. His supervisor later reported that day that the employee “acted drunk” in a staff meeting. Yesterday, one of the same employee’s co-workers indicated that the employee came back from lunch “smelling like marijuana.” Can these reports justify requiring the employee to undergo a drug or alcohol test?
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01/31/2012
Employers that compile promotion lists based on test results should tell employees that the lists will be updated periodically.
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01/05/2012
An “informal discussion letter” from the EEOC had employment-law circles buzzing last month—and creating uncertainty about employer’s use of high school diplomas as hiring criteria. The nonbinding EEOC letter said employers, in some instances, could infringe on the Americans with Disabilities Act (ADA) when requiring all applicants to have a high school diploma.
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12/20/2011
G2 Secure Staff has settled a disability discrimination charge stemming from poor hiring practices at Raleigh-Durham International Airport, where the company provides security services.
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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.
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