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