Testing

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.

Sample Policy: Violence and Weapons

11/11/2009

Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

What do we need to do before implementing a drug and alcohol testing program?

11/11/2009

Q. My company wants to begin substance-abuse testing of employees that it suspects are under the influence of drugs or alcohol in the workplace. We already have a drug- and alcohol-free workplace policy. Is there anything else we need to do to allow us to test employees for illegal drugs or alcohol?

Supreme Court’s new term: Arbitration, disparate impact on docket

11/02/2009

Several cases on the U.S. Supreme Court’s docket this term involve employment and labor-related issues. One of the most notable of these will decide how much time plaintiffs have to file a lawsuit when they believe they have been unfairly penalized by hiring tests. Other cases will resolve issues involving an alleged whistle-blower, pension benefits, race discrimination and labor arbitration.

Can we demand a drug test for an employee recently convicted of drug violations?

10/30/2009

Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he’s drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn’t require such a test when he was hired?

Signed drug testing form good enough to satisfy DATWA

10/15/2009

The Drug and Alcohol Testing in the Workplace Act says, “Before requesting an employee to undergo drug or alcohol testing, an employer shall provide the employee with a form, developed by the employer, on which to acknowledge that the employee has seen the employer’s drug and alcohol testing policy.” Does that mean the employee has to sign the form immediately before the test is administered?

Vikings defensive tackles now on offense over drug tests

10/15/2009

The 8th Circuit Court of Appeals in late September upheld a lower court ruling that the National Football League cannot suspend Minnesota Vikings defensive tackles Kevin Williams and Pat Williams for violating the sport’s drug policy.

Detail concerns before ordering fitness exams

10/13/2009

Under EEOC guidelines, employers can demand a fitness-for-duty exam if they can prove they have a reasonable belief—based on objective evidence—that an employee’s medical condition will impair his or her ability to perform the essential functions of the job or pose a safety threat. If you believe either is the case, make sure you document your objective and reasonable beliefs before demanding the exam.

Firing for positive drug test? Prepare to defend test validity

10/05/2009

Generally, employees can appeal if they’re denied unemployment compensation because they were fired for cause. To win, they must show they were fired without just cause. However, the rules change when an employee is fired for a positive drug test.

Fired driver files suits over false-positive drug test

09/14/2009

A recent Illinois case illustrates how employers can get into expensive litigation if their drug-testing vendors don’t follow proper procedures when conducting random drug tests.