11/20/2008
Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress ...
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11/06/2008
Q. My company would like to administer personality tests to job applicants. Does this practice violate the ADA?
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10/20/2008
Q. I recently heard the phrase “tryout time” and wondered what this phrase meant and how it may be applicable to my workplace ...
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10/14/2008
Q. I have been asked to screen applicants for several positions. Can we lawfully ask selected candidates to submit to physical exams or drug testing? ...
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10/03/2008
Employee handbooks should spell out exactly what it takes to earn time off—and what happens when an employee resigns or is fired. Make sure you spell out the limitations, or you may end up stuck paying for accrued time when you discharge an employee for serious problems such as a failed drug test ...
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10/03/2008
The Ohio State Highway Patrol (OSHP) fired 12 state troopers in September for allegedly cheating on an exam that certifies police officers to administer breath-alcohol sensing tests to suspected drunken drivers ...
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10/03/2008
The U.S. Justice Department (DOJ) says the city of Dayton’s hiring practices have systematically discriminated against black applicants for police and firefighter jobs ...
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08/22/2008
Q. Our company requires applicants for certain classes of jobs to have medical examinations as a condition of employment. Can we require the potential employee to pay the costs of the medical examinations? ...
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08/21/2008
Starting Aug. 25, organizations that must comply with U.S. Department of Transportation drug-testing regulations face new requirements. The new rules affect “return-to-duty” drug tests given to employees who previously tested positive or underwent drug rehab ...
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08/12/2008
Some jobs obviously require that the employees who perform them be in excellent physical condition. For example, firefighters and others engaged in heavy physical work may have to be extremely physically fit. It’s legitimate for employers to test those physical abilities on a regular basis. Be careful, though, about how you administer those tests to men and women ...
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08/05/2008
Q. We have a problem with applicants who pass the pre-hiring process but then decide for some reason that they don’t want the job after all. They fail to show up their first day on the job. By that time, we have already spent time and money on drug tests and orientation, and turned down other promising applicants. Can we require applicants to submit fees to apply, which we will refund if we don’t hire them, or if they remain employed for a minimum period of time? ...
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08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees ...
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07/22/2008
Q. Our company operates a distribution warehouse. Our application process used to be very simple—applicants would come into the warehouse and voice their interest. We would do a quick interview on the spot and usually hire the person. Since then our company has grown significantly and we want to make sure we are in compliance with current regulations. In order to work in the warehouse, employees must be able to lift at least 75 pounds. During an interview, can we ask what disabilities, if any, an applicant may have? We just want to make sure our employees are able to lift the boxes. ...
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07/01/2008
UPS fired Greg Leach from his position as a driver after he tested positive for cocaine. Leach demanded a retest, insisting he hadn’t used cocaine in more than 20 years. The company complied, but Leach said UPS did not properly administer the test ...
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07/01/2008
Q. We are considering implementing a substance abuse policy. Are there any North Carolina regulations concerning such policies? ...
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