TESTING

Bill would target nurses who dodge drug diversion

02/27/2014
Following reports of numerous Minnesota nurses continuing to practice despite failing to abide by the state’s substance abuse diversion requirements, State Rep. Tina Liebling has introduced legislation to require regulators to suspend noncompliant nurses.

Workplace Drug Testing

01/21/2014

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 ...

Are we allowed to ask questions about an applicant's family medical history?

10/10/2013
Q. We make offers to applicants contingent on passing a physical examination. As a part of the examination the doctor asks for a medical history, including questions about the applicant’s family medical history. We have heard that we should not ask about the applicant’s family medical history, but we aren’t sure if that’s true. Should we not ask for this information?

Austin F.D. stops hiring after EEOC claims testing bias

10/02/2013
The Austin Fire Department has stopped hiring candidates from its 2012 candidate list now that the EEOC has declared that its hiring test discriminated against black and Hispanic candidates. The EEOC pointed to disparities in pass rates between the groups.

Drug test inconclusive? Offer a second chance

08/07/2013
If a prehire drug test is inconclusive, you may want to offer the applicant a second chance to take the test.

Medical pot laws don't prohibit drug testing

07/23/2013
You are free to tell employees they can be terminated for having marijuana in their systems and then randomly test for the substance. That’s true even if a doctor recommends that the employee use medical marijuana.

DOJ settles bias suit against Corpus Christi P.D.

06/03/2013
The DOJ has reached a settlement with the city of Corpus Christi, resolving claims that the city police department’s hiring test violated Title VII. The DOJ charged that from 2005 to 2011, the police depart­­ment used a physical abilities test that unlawfully screened out female applicants for entry-level police officer positions.

Hazy excuses from the drug-screening trenches

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:

Poorly timed physical costs NYPD in ADA case

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.

10 interview questions, online tests to help identify problem-solving managers

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.

Court provides guidance on DATWA drug tests, time limits

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.

Conducting background checks on job candidates? Know how to comply with the FCRA

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:

Beware discrimination risks of off-the-shelf job testing software

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.

What are the downsides of personality tests?

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?

Beware bias peril built into applicant tests

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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