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Testing

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Pre-Employment tests

07/22/2008
Q. Our company operates a distribution warehouse. Our application process used to be very simple—applicants would come into the warehouse and voice their interest. We would do a quick interview on the spot and usually hire the person. Since then our company has grown significantly and we want to make sure we are in compliance with current regulations. In order to work in the warehouse, employees must be able to lift at least 75 pounds. During an interview, can we ask what disabilities, if any, an applicant may have? We just want to make sure our employees are able to lift the boxes. …

UPS accused of blacklisting following disputed drug test

07/01/2008
UPS fired Greg Leach from his position as a driver after he tested positive for cocaine. Leach demanded a retest, insisting he hadn’t used cocaine in more than 20 years. The company complied, but Leach said UPS did not properly administer the test …

What North Carolina laws affect employer substance abuse policies?

07/01/2008
Q. We are considering implementing a substance abuse policy. Are there any North Carolina regulations concerning such policies? …

No need to rehire if worker tests positive after injury

07/01/2008
Does your company have a solid policy banning drugs from the workplace? If not, you are missing an opportunity to deny re-employment to a drug-using worker who was injured on the job …

Training tests may provide important screening opportunities

05/30/2008
Do your new hires have to complete a comprehensive training and testing program before they’re allowed to start work? If you can show your tests are valid and necessary (and they don’t disproportionately screen out any particular protected class), chances are a new employee who alleges discrimination because you didn’t keep him won’t get far with a lawsuit …

Hiring bias costs Dallas defense contractor $1.5 million

05/30/2008
Defense contractor Vought Aircraft recently agreed to pay $1.5 million to settle a discrimination lawsuit brought by more than 1,000 job applicants. The settlement comes as a result of charges brought by the DOL that the aircraft parts manufacturer discriminated against minorities and women in hiring …

Pre-Employment tests: Do yours meet the new EEOC guidelines?

05/15/2008
In December, the EEOC issued new guidance on employment tests and selection procedures under three laws: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The key to complying is to make sure each employment test is directly job-related and focuses on business necessity …

Congress OKs New Genetic Bias Law—What’s it Mean for HR?

05/06/2008
Congress just passed the nation’s first federal law prohibiting employers and insurance companies from discriminating against individuals on the basis of genetic information, a protection critics have called “a remedy in search of a problem.” Find out what the Genetic Information Non-Discrimination Act prohibits, and why some believe it could cause trouble for employers.

Use business necessity as rationale for pre-Employment exams

05/05/2008
Does your hiring process build in safeguards to prevent inadvertent disability discrimination? If you’re unsure, follow these guidelines for setting up the right process …