Testing

Supreme Court: Even good faith can lead to discrimination

07/08/2009

In one of its most anticipated employment law decisions in years, the U.S. Supreme Court has ruled that New Haven, Conn., discriminated against white firefighters when it refused to promote them after they passed a test that most black co-workers failed.

EEOC seeks broad subpoenas? Ask to have them limited

06/26/2009

If the EEOC thinks a complaint it receives may have national implications and wants more information, it has the power to expand its investigation. The agency can seek subpoenas to demand a long list of records from your company as it seeks to develop a broader, perhaps national case against you. The good news is that federal courts generally will scale down the request if you ask.

Offer employees on military duty same chances for promotion other employees have

05/11/2009

Employees who are serving the country on active military duty may miss a chance to participate in important tests that qualify them for promotions. If they miss those tests, they could also miss out on opportunities for promotions for years to come. And that may violate USERRA.

What are the rules on employee access to personnel files?

05/04/2009

Q. Do I have to grant employees access to their personnel files?

OK to charge for pre-employment medical exams?

05/04/2009

Q. I know the ADA limits when and how an employer can ask medical questions of applicants or employees. If I require a pre-employment medical exam, can I require the applicant to pay for it?

Beware behavior that ‘poisons the well,’ spawns discrimination lawsuits

04/20/2009

Poor attitudes among managers and supervisors can infect the rest of an organization, and courts are becoming more aware of the adverse effects of such so-called “poisoned wells.” As the following case shows, when higher-ups in the organizational hierarchy display signs of discrimination, those lower down may act on those signs.

Set clear rules for initial employment period

03/30/2009

Sometimes, it’s obvious early on that a new employee isn’t working out. Firing such an employee won’t cause legal trouble as long as you based the call on previously set performance standards, job-related testing or some other impartial evaluation process.

Can we ask applicants to take a TB test?

03/24/2009

Q. We’re aware that tuberculosis is on the rise. Can we ask applicants—and employees—to take a TB test? What about interns and volunteers? (We operate a substance abuse center.)

Make sure all medical tests you require are truly job-related and necessary

03/20/2009

Watch out! Some tests you use to see whether employees or applicants are suitable for a job could screen out individuals with disabilities. You could wind up in court defending against an ADA claim.

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.