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Hiring

OK to test for alcohol under ADA?

05/06/2010
Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

Fair Credit Reporting Act doesn’t apply to complaints that lead to firing

05/06/2010
If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.

Feds turning up heat on HR background checks

05/05/2010
Get ready for increased legal scrutiny and regulations of your background screening and prehire testing procedures. In recent months, the EEOC, Congress and state legislatures have signaled interest in putting new restrictions on employers.

5 tips to avoid this summer’s legal hazards

05/04/2010
Different seasons usher in different employment law risks. Employment law firm Fisher & Phillips offers this five-point to-do list to get ready for the coming summer months.

Hire the hungry, not the comfy

05/01/2010
Ideas on how to hire strategically during the economic downturn.

Is it legal to condition job offers on passing a drug test?

04/28/2010
Q. Our company wants to begin screening applicants for illegal drugs. Can we make job offers conditioned on the results of a drug test?

Why should we keep our policy of not providing references for former employees?

04/28/2010
Q. We have a few supervisors who think it’s OK to write reference letters only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Any suggestions?

Don’t rewrite job description in middle of hiring process

04/28/2010

Before you post a job opening and begin the search process, be sure the job description is accurate and reflects the experience and qualifications you’re looking for in the ideal candidate. Above all, don’t change the description midstream after you’ve begun reviewing candidates.

Ring of fire: Don’t get burned by a reference call

04/28/2010
We’ve all picked up the phone and been asked to give a reference about a former employee. For some, you’re glad they are out of your hair and it’s too late for them to sue you. So you’re honest about the person. But be careful. As a new case shows, it may never be too late for a former employee to take you to court …

Are applicant ‘blacklists’ legal?

04/20/2010

Employers typically don’t want to hire applicants who haven’t succeeded elsewhere. So they sometimes create a blanket “no-hire” rule for applicants who aren’t eligible for rehire by their former employers. Such a policy can give you cover against possible retaliation complaints. But if you’re tempted to draft such a policy, be careful: Make sure you enforce the rule uniformly.