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Protecting employment tests from legal challenges


Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court …

Stick to objective standards to avoid needless litigation


If your organization is like most, you want to promote from within to build morale and reward hard work. How you handle those promotions can spell the difference between a harmonious and productive workplace and a discordant one, rife with jealousy and resentment

Employee hurt in pre-Employment screening gets disability comp


An employee who was injured by a blood pressure cuff during a pre-employment physical will receive total disability benefits from Virginia-based General Dynamics Ordnance and Tactical Systems, the Pennsylvania Workers’ Compensation Appeals Board has ruled

Free online tools can test applicants’ computer skills


To discover how fast and accurately applicants can type, sit them down to take a free typing test on www.typingtest.com

Genetic discrimination bill takes another step in Congress


A committee of the U.S. House of Representatives approved legislation last month that would ban employers from collecting genetic information from employees and applicants and prohibit the use of genetic tests when making employment decisions …



HR Law 101: In 1998, the Supreme Court issued its first ruling on an AIDS-related issue and its first major interpretation of the Americans with Disabilities Act. The justices made it clear that all persons who are HIV-positive, even though they may show no overt symptoms of the disease, are also protected under the ADA …

Can we require medical tests or treatment?


Q. I’m confused about when we can require physical exams or treatment. We now make employees undergo a fitness-for-duty exam when we think there is a physical or psychological reason that impairs the employee’s ability to perform the job. We also use last-chance agreements requiring medical treatment for an employee to earn reinstatement after a discharge, such as for alcohol or drug abuse. Are we courting trouble? —D.J., Michigan

Disabled Applicants


HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified applicants on the basis of a physical or mental disability. The law allows you to ask about an applicant’s ability to perform a job’s essential functions but not about a specific disability …

Pennsylvania Medical Pay Act


The Pennsylvania Medical Pay Act requires employers to bear the costs of employee medical examinations when those exams are a condition of employment …

New Jersey Wage Payment Law


The New Jersey Wage Payment Law seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes, with fines of up to $1,000 per violation …