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Expanded ADA disabilities coverage may affect drug testing


We all anticipated that the Ameri­­cans with Disabilities Act Amend­­ments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.

Known disability, safety concern? Testing OK


Disabled employees may believe that their employers can never insist that they take a test related to the disability. That’s not true. For example, if an employee has a known disability and is observed making safety-related mistakes, it’s perfectly reasonable to demand an assessment of whether the employee is capable of performing the job.

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

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

Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …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

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

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

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

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


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

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.