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Testing

The EEOC’s new initiatives for 2008: All talk … or a real threat?

04/01/2008
In recent months, the EEOC has made a lot of noise about new initiatives to combat workplace discrimination. Three of the most prominent include (1) the E-RACE Initiative, (2) employment testing and (3) protections for caregivers … 

Who pays for pre-Employment medical exams?

04/01/2008
Q. We require new employees to undergo pre-employment medical exams. May we require a new employee to cover the cost of the exam? We have 35 employees …

Results of this test: Auto industry to pay $1.6 mil

03/01/2008

The courts look unfavorably on literacy tests for positions that don’t directly require writing skills, as seen by a recent U.S. District Court decision for the Southern District of Ohio. The court awarded $1.6 million to 700 black workers who were screened out of apprenticeship programs at Ford Motor Company, Visteon Corp. and Automotive Components Holdings …

No need to accommodate Rx marijuana use

03/01/2008
The California Supreme Court has ruled that an employer doesn’t have to accommodate an employee’s marijuana use even though he had a valid prescription. Employers can and should continue to use post-offer, pre-employment drug tests if having a work force free of impairment is an important safety consideration …

Hiring tests must reflect true work conditions

03/01/2008
Women accounted for half of new hires at an Iowa meatpacker until the company instituted a new pre-hire lifting test. Then the percentage of women fell to 15%.

Are there California laws analogous to the Genetic Information Nondiscrimination Act?

03/01/2008
Q. I know that as an employer, I have to abide by GINA and not discriminate based on genetic information. But are there any state statutes addressing this matter?

Know the rules for Georgia’s drug-Free workplace program

03/01/2008
Georgia employers participating in the state’s drug-free workplace (DFW) program must be careful to strictly follow the program’s guidelines or risk incurring workers’ compensation benefit liability they never intended …

The old ‘Pot in the meatballs’ trick fails again

02/01/2008

A New York City Police Department counterterrorism detective said he failed a drug test in 2005 because his wife spiked his meatballs with marijuana …

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 …