01/31/2012
Employers that compile promotion lists based on test results should tell employees that the lists will be updated periodically.
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01/05/2012
An “informal discussion letter” from the EEOC had employment-law circles buzzing last month—and creating uncertainty about employer’s use of high school diplomas as hiring criteria. The nonbinding EEOC letter said employers, in some instances, could infringe on the Americans with Disabilities Act (ADA) when requiring all applicants to have a high school diploma.
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12/20/2011
G2 Secure Staff has settled a disability discrimination charge stemming from poor hiring practices at Raleigh-Durham International Airport, where the company provides security services.
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12/19/2011
Employers know to be wary of drug tests because they sometimes falsely show that someone has been using illegal drugs. Now Chicago-based United Insurance has learned of another danger: Drug tests can trigger disability discrimination lawsuits.
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12/02/2011
Federal courts don’t like being turned into proxies for HR departments, but they will act when necessary. That’s how the 6th Circuit recently came to order the immediate promotion of police officers in a discrimination case that has been in the courts for more than a decade and still isn’t finished.
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11/28/2011
Employers know to be wary of drug tests because they’re sometimes incorrect, falsely indicating that someone has been using illegal drugs. Now the Raleigh office of a national insurance giant has learned of another danger: Drug tests can trigger disability discrimination lawsuits.
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11/09/2011
Q. We’re considering using an online pre-employment screening test designed to determine if an applicant is the right fit for our business. Are there any risks associated with using such tests?
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11/07/2011
You can require a job-related medical examination after you’ve made an offer but before the employee starts. That examination can include filling out a medical information sheet. And if prospective employees lie when filling out the form, you can use that as a reason to terminate if you warned them in advance that inaccurate or dishonest answers could cost them their jobs.
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11/01/2011
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.
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11/01/2011
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.
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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.
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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 ...
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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.
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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.
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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.
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