Testing

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?

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?

Look beyond cliches and puffery to find resume truths

04/07/2010

As unemployment continues to hover near 10%, the temptation to stretch the truth on a résumé is becoming harder for desperate job-seekers to resist. That’s why experts say job applicants are doing more “creative writing” on their résumés these days. And hiring managers need to be more vigilant. Some tips:

Hair tests beat urine tests at identifying drug users

01/13/2010

A new study by Quest Diagnostics shows that hair-based drug tests reveal far more workplace drug users. Reason: Hair testing can identify usage going back up to three months, while urine testing is best at identifying drugs taken within the past three days.

Employment testing and discrimination in the post-Ricci era

01/11/2010

Like every other aspect of the employer-employee relationship, a variety of federal and state laws govern how employers can administer job-related tests. Last year, the U.S. Supreme Court ruled in Ricci v. DeStefano that employers violate Title VII if they do not validate job testing results solely because they fear a lawsuit.

Wasted at work? You don’t have to tolerate it!

01/11/2010

Some employers foolishly worry that they may violate the ADA or the FMLA if they enforce a zero-tolerance policy that forbids employees to work under the influence of alcohol. The simple reality is that employers have every right to expect workers to show up sober in the morning. Furthermore, being an alcoholic is no excuse.

Keep your workplace drug-free without creating liability

01/07/2010

When drug abuse isn’t an obvious problem in the workplace, it’s easy for employers to develop a cavalier attitude about it. That’s not smart. It’s in your best interest to detect employee drug abuse early and root it out immediately. But that’s easier said than done. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.

Rutgers settles race bias case with maintenance workers

01/06/2010

Four minority maintenance workers have settled their race discrimination case with Rutgers University. According to The Star-Ledger, the workers—three black and one Hispanic—alleged they were consistently passed over for promotion in favor of white employees.

Genetic Information Nondiscrimination Act

01/01/2010

HR Law 101: The Genetic Information Nondiscrimination Act (GINA), signed into law in May 2008, prohibits employers with 15 or more employees from discriminating against job applicants or employees based on their genetic information in hiring, firing, compensation or any other terms of employment.

Can we make employees or applicants pay for medical examinations?

12/04/2009

Q. Under what circumstances, if any, can an employer require an applicant or employee to pay for his or her own medical or physical examination?