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Privacy

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 …

Organize your personnel files to minimize legal risk

09/01/2003

THE LAW. Maintaining personnel files can be a chore, but it’s the most important element in defending against claims from employees, ex-employees and regulators …

How to get the inside scoop from applicant references

08/01/2003
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Allow applicants to answer negative background-check results

08/01/2003
It’s true that your company could be held liable if it rejects an applicant based on inaccurate data in his background check. But don’t stop doing background …

Let applicants respond to background-check results

08/01/2003
Issue: You can be held liable for rejecting job applicants because of inaccurate background checks.
Risk: Defamation, invasion of privacy and wrongful-discharge lawsuits …

How to close the door on invasion-of-privacy lawsuits

08/01/2003
Most companies don’t spend a lot of time worrying about their employees’ privacy rights. But they should. Consider this: Privacy lawsuits jumped 300 percent …

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 …

Beware legal risks of using school transcripts in hiring

06/01/2003
Worried that poor grades and lax attendance might spell an employment risk, more employers are requesting applicants’ school transcripts. Our advice: …

Monitoring staff phones? Hang up when you realize it’s a personal call

05/01/2003
You can monitor your employees’ communications, within reasonable limits. But you can’t let your monitoring escalate to eavesdropping and violate workers’ …

Post Vacation Schedules in Employee-Only Areas

05/01/2003

Q. We post employees’ vacation schedules in the employee lunchroom. Occasionally, outside visitors or customers visit the lunchroom, too. Some employees have complained about this posting policy, saying it borders on invasion of privacy. Are they right and should we stop doing this from a legal standpoint? —M.M., New Jersey