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Smoke out users who try to beat your drug tests

Issue: Cheap new products make it easier to thwart workplace drug tests. Risks: You could inadvertently be adding more substance abusers to the payroll. Action: Thwart drug-test cheaters with …

You can require tests to determine ADA accommodations

Issue: How to meet your “interactive process” requirement with disabled employees to create accommodations.
Benefit: You can reject an employee’s accommodation request if the worker doesn’t cooperate in the interactive …

You can require tests to set disability accommodations

Issue: How to follow Americans with Disabilities Act rules requiring an “interactive process” with disabled employees.
Benefit: You can reject an accommodation request if the employee won’t cooperate in the …

Follow these 3 rules for conducting pre-hire medical tests

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 …

Hiring commercial drivers? Probe deeper into applicant work history

If you hire commercial drivers, prepare to start collecting more pre-hire information from applicants. The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) wants employers to …

Probe deeper into drivers’ work history

The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has proposed new rules requiring companies that employ commercial drivers to collect more pre-hire information about applicants’ employment history, including their …


A pair of recent Americans with Disabilities Act (ADA) rulings provide two important lessons for employers: First, have well-written job descriptions for each position …

Pre-employment testing: Know the legal limits

THE LAW. Pre-employment tests are an effective tool to discover applicant’s skills or abilities that can’t be gleaned from an application or interview. And …

Drug testing: Minimize lawsuit risk with smart policy

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 …

Dyslexia and the ADA: Don’t Screen for Disability


Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests? —F.D., Ohio