Category Archives: Employment Screening

NCSL 50-State Legislative Tracking Web Resources

Source: National Conference of State Legislatures, June 2008

At the request of NCSL’s Legislative Research Librarians (LRL) staff section, NCSL has developed this resource of 50-state compilations covering various issues that concern state legislators and legislative staff. Here you will find a topical, alphabetical listing of legislative and statutory databases, compilations and state charts/maps.

[NOTE: Some of these tracking services are currently out of date. PLEASE NOTE THE DATE of the item you are reviewing].

Labor & Employment

At-Will Employment
Day Laborer Laws (statutes)
Drugtesting in the Workplace
State Divestment Legislation
Equal Pay (statutes and legislation)
Family/Medical Leave Laws (statutes)
Living Wage (legislation)
Medical Donar Leave Laws (statutes)
Minimum Wage Laws (legislation and chart)
Minors – Employment Laws (statutes)
Non-compete Agreements (statutes)
Overtime Laws (statutes)
Sick Leave Laws (statutes)
Telecommuting (statutes and legislation)
Whistleblowers (statutes)
Workforce Development (legislation and resources)

Working Partners for an Alcohol- and Drug-Free Workplace

Source: U.S. Department of Labor
National Resources
Drug-free workplace programs do more than just rid the workplace of alcohol and other drugs they significantly contribute to the creation of alcohol- and drug-free families, schools and communities. A number of national organizations may provide assistance in learning about workplace substance abuse issues and developing drug-free workplace programs.
[This site LINKS to the key organizations in the U.S.]

Note: Drug-Free Work Week will be October 20-26, 2008

Psychological Testing in Personnel Selection, Part I: A Century of Psychological Testing

Source: Wesley A. Scroggins, Steven L. Thomas and Jerry A. Morris
Public Personnel Management, Spring 2008

This article is the first in a three-part series that examines the development of selection testing. Part I focuses on the historical development of personnel selection testing from the late 19th century to the present, with particular attention given to personality testing. Attention is given to the efforts of early industrial psychologists that shaped and defined the role of testing in the scientific selection of employees. Part II examines the development of methods and standards in employment testing with particular emphasis on selection validity and utility. Issues of selection fairness and discrimination in selection are explored as they relate to psychological testing. Part III explores the development and application of personality testing. The transient nature of models of personality is noted, and current paradigms and the utility and fairness of personality testing for modern organizations are discussed.

Human Resources Flexibilities and Authorities in the Federal Government

Source: Office of Personnel Management, January 2008

From the summary:
This page includes the updated and expanded Handbook titled, Human Resources Flexibilities and Authorities in the Federal Government. The Handbook is a practical guide to the options available in current law to help you recruit and hire a diverse and high performing workforce, set a strategic direction through workforce planning and organizational realignment, and unleash the potential of your organization. OPM encourages you to use these existing flexibilities to strategically align your human resources management systems with your mission. You may be surprised to discover how flexible title 5 is in meeting your organizational needs.

Employees Returning from Military Leave: Newest Potential Legal Liability for Employers

Source: Dan Van Bogaert, Employee Relations Law Journal, Vol. 33, no. 4, Spring 2008

More than a quarter of a million soldiers have returned from military service to their previous civilian jobs in recent years. What this means is employers need to pay closer attention to the recruitment, selection, and retention of employees with military backgrounds. Because of the pervasive scope military conflict throughout the world today, there are increasing numbers of employees and job applicants with military service backgrounds. Therefore, most employers are affected by this circumstance, even those organizations that may not currently employ workers who are on military leave.

Although some of the concerns regarding post traumatic stress disorder have been exaggerated, employers still face many challenges relating to employees returning from military leave. This article thoroughly examines these challenges and related legal responsibilities of employers, and offers practical guidelines for human resources management.

EEOC issues fact sheet on employment tests and selection procedures to screen applicants, workers

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Press release:

The U.S. Equal Employment Opportunity Commission (EEOC) today issued an extensive fact sheet on the application of federal anti-discrimination laws to employer tests and other selection procedures to screen applicants for hire and employees for promotion. The fact sheet describes common types of employer administered tests and selection procedures used in the 21st century workplace, including cognitive tests, personality tests, medical examinations, credit checks, and criminal background checks. The document also focuses on “best practices” for employers to follow when using employment tests and other screening devices, and cites recent EEOC enforcement actions. Discriminatory employment tests and selection procedures are prohibited by Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act — which are all enforced by the EEOC.

Employment Tests and Selection Procedures

The Law of Criminal Background Checks

Source: Hope A. Comisky and Christopher P. Zubowicz, Employee Relations Law Journal, Winter 2006, Vol. 32 no. 3

More employers are concluding criminal background checks on prospective and current employees, obtaining information relating to prior arrests or convictions. While such screening provides various benefits to employers, they must be aware of what information to seek, who should conduct the check, and how to use the information received. Employers must develop proper procedures and practices regarding background checks to avoid potential liability under federal and applicable state law.

Where There’s Smoke: Employer Policies on Smoking

Source: Sandra M. Tomkowicz and Susan K. Lessack, Employee Relations Law Journal, Winter 2006, Vol. 32 no. 3

In response to a recent Surgeon General’s report highlighting the dangers of secondhand smoke, employers may be increasingly pressed to balance the rights of smokers and non-smokers. Policies that attempt to control off-the-job smoking pose higher litigation risks than policies targeted specifically at eliminating smoke in the workplace. Failing to provide a smoke-free environment also may pose a risk of litigation to employers.