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Testing

Can we demand a polygraph test to identify theft suspects?

02/01/2008

Q. Recently, money from my office’s petty cash lockbox came up missing. As a part of our investigation, can we require employees to take a lie detector test? …

Minnesota Drug and Alcohol Testing in the Workplace Act

02/01/2008
Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) limits employers’ ability to test employees and independent contractors for illegal drugs and alcohol. While DATWA does not require employers to perform drug testing, it governs the process if employers elect to do so …

How to comply with Florida’s Drug-Free Workplace program

01/01/2008

Employers participating in Florida’s Drug-Free Workplace (DFW) program must be careful to follow its strict guidelines or risk incurring workers’ compensation benefit liability. In exchange for lower workers’ compensation premiums, Florida employers can agree to adopt the DFW program …

Do your pre-Hire tests carry lawsuit risks? New EEOC guidance helps make the call

01/01/2008

The EEOC last month issued an extensive fact sheet that explains how federal anti-discrimination laws apply to pre-hire tests. The nonbinding guidance focuses on the best—and legal—practices for cognitive tests, personality tests, medical exams, credit checks and criminal background tests …

Require an applicant medical exam? Job offer must come first

01/01/2008

The ADA protects job applicants from discrimination based on disability, and one of these protections is the right to be free from medical tests or examinations as part of the initial selection process. An employer can ask an applicant to undergo a job-related medical examination only after it has made a job offer …

Consider ADA, discrimination, validity issues when using personality tests

12/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately reflect an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

‘Blacklisting’ for prior EEOC complaints may be retaliation

12/01/2007

Title VII of the federal Civil Rights Act outlaws retaliation against applicants or employees because they have filed EEOC complaints or participated in EEOC proceedings. But that prohibition applies equally to EEOC complaints that job applicants may have filed against other employers. In other words, “blacklisting” an applicant because you know she filed an EEOC complaint against another employer is illegal retaliation …

Workplace genetic testing raises discrimination concerns

12/01/2007

Advances in genetic research have renewed attention on the workplace implications of genetic testing. Genetic research has many potential benefits. But there is growing concern that employers with access to genetic information may use it to discriminate …

DOT squeaks by drug-Test leak

11/01/2007

Peter Giaccio Jr., a boilermaker for New York City’s Department of Transportation (DOT), sued the department for leaking the results of a random drug test that revealed marijuana use. Giaccio, being in a “safety-sensitive” position, was subject to random testing, which he failed twice …

Consider ADA, discrimination, validity issues when using personality tests

11/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately predict an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …