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Testing

Even if jobs seem quite similar, feel free to use different hiring criteria

10/31/2011
Employers sometimes have several similar jobs that require almost identical skills, certificates or training. But that doesn’t mean that all these positions can’t have different hiring requirements. Just make sure you can justify the differences.

In Pittsburgh, HIV test and pulled offer prompt ADA suit

10/27/2011
Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …

Absolute ban on all who fail drug test upheld

10/25/2011
The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.

Act fast on firing for misconduct, or risk being liable for unemployment compensation

10/12/2011
If you want to fire someone for misconduct, here’s a good reason not to drag your feet on it. If the delay is too long between the alleged misconduct and the termination, the employee may get unemployment compensation.

Failure to offer drug test option prompts ADA lawsuit

09/23/2011
The EEOC has filed a lawsuit against G2 Secure Staff, a staffing company with offices in Raleigh, for failure to accommodate a disabled applicant.

Reducing workers’ comp costs: A pre-hire test

09/16/2011
When hiring, you’re always looking for clues to identify high-quality candidates. What if you could predict the person’s future workers’ comp costs?

State settles with feds over police promotion tests

08/23/2011

The New Jersey Civil Service Com­­mission has settled a complaint with the U.S. Department of Justice concerning its promotion practices for police sergeants. The DOJ alleged the state’s method of scoring and using written examinations had a disparate impact on black and Hispanic officers in violation of Title VII.

Chicago firefighter bias case: $30 million settlement on table

07/13/2011
The controversy over a 1995 Chicago firefighter hiring test may finally be headed toward closure now that a federal appeals court has ruled the city must hire 111 black applicants who passed the test. In addition to hiring the firefighters, the city has offered to pay approximately 6,000 applicants who passed the test a portion of an estimated $30 million.

Keep it clean (and sober)! Ensure drug testing is uniform and fair

06/23/2011
When you offer employees a chance for drug or alcohol treatment and rehabilitation, make sure you treat them fairly. There’s nothing wrong with telling recovering employees they may be randomly tested for drugs or alcohol without notice. You can even use a “lottery” system that results in some employees being tested more often than others.

Chicago firefighters’ case burns on–focus still on allegedly biased promotion tests

06/10/2011
The litigation over promotion tests for Chicago’s firefighters is by no means over, despite a 2010 trip to the U.S. Supreme Court. The case is again working its way through the legal system—something that carries a lesson for all employers.