News & Analysis as of

Job Applicants Pre-Employment Health Screenings

Clark Hill PLC

Court Allows Two GIPA Cases To Proceed Based on Pre-Employment Physical Exams

Clark Hill PLC on

While many have heard of Illinois’ Biometric Information Privacy Act, or “BIPA,” Illinois has a similar, although less infamous, statute covering genetic information – the Genetic Information Privacy Act or “GIPA.” While GIPA...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, don't get tripped up in this "GINA" trap

Asking about family history is usually illegal. Oh. My. Gosh. United Airlines required post-offer medical examinations for its new hires. Nothing wrong with that -- it's specifically allowed under the Americans with...more

Miller Nash LLP

COVID Update: EEOC Revises Guidance on Workplace Screening

Miller Nash LLP on

As summer winds to a close, students return to classrooms and campuses, and many workplaces have returned to in-person activities. Either in whole or in part, COVID-19 has perhaps begun to be less “front of mind” than it once...more

Sheppard Mullin Richter & Hampton LLP

Time Is Not Always Money: Ninth Circuit Holds That Pre-Employment Drug Testing Is Not Compensable Under California Law

On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a...more

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

Foley & Lardner LLP

Pre-Employment Cannabis Testing: Is It Still Worth It?

Foley & Lardner LLP on

For years, most employers and employees alike assumed a clean drug test was a pre-requisite for getting hired. These pre-employment drug testing panels included a list of illegal drugs, and almost always included...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Dentons

HR Quick Takes: Pre-Employment Physical

Dentons on

Q: What can I ask about in a pre-employment physical?  A: The ADA requires that any substantive health inquiry happen post contingent offer. You are limited to items that are relevant to job performance....more

Laner Muchin, Ltd.

ADA Not Violated By Refusal To Hire Due To Risk Of Future Disability

Laner Muchin, Ltd. on

On October 29, 2019, the Seventh Circuit Court of Appeals held in Shell v. Burlington Northern Santa Fe Railway Company that the Americans with Disabilities Act’s (ADA) definition of “disability” is not met “where an employer...more

Miles & Stockbridge P.C.

Seventh Circuit Rules the ADA Does Not Protect Future Disabilities

Miles & Stockbridge P.C. on

On October 29, 2019, the Seventh Circuit held that Burlington Northern Santa Fe Railway Company (“BNSF”) did not violate the Americans with Disabilities Act (“ADA”) by refusing to hire a job applicant due to his obesity. The...more

Obermayer Rebmann Maxwell & Hippel LLP

Medical Marijuana gets a New “Test Case” in PA

In a new case filed in the Court of Common Pleas of Allegheny County, Pennsylvania on October 10, 2019 at Docket No. GD-19-014418, Derek Gsell of Moon Township, Pennsylvania is suing Universal Electric Corporation for...more

U.S. Equal Employment Opportunity Commission...

Reliable Staffing to Pay $25,000 and Change Hiring Policy to Resolve EEOC Discrimination Finding

Staffing Firm Used Unlawful Means to Screen Out Applicants With Disabilities, Federal Agency Charged - INDIANAPOLIS - Reliable Staffing, an Indianapolis staffing firm, will pay $25,000 and furnish other relief to...more

Dentons

The New Balancing Act - Assessing the Risks of Drug Testing for Marijuana

Dentons on

Iowa’s five Medical Cannabidiol (described within this article as “medical marijuana”) dispensaries have been dispensing legal medical marijuana products since December 2018 to Iowans carrying a Medical Cannabidiol...more

Snell & Wilmer

"Times They Are [Still] a-Changin'": The Developing Landscape of Marijuana Legalization in Nevada and What This Means for Nevada...

Snell & Wilmer on

As we reported last year, “Times They Are a-Changin’”. However, given the monumental shift in public perceptions of cannabis, the Nevada legislature has followed suit and has now taken a giant step further into the marijuana...more

Jackson Lewis P.C.

Pre-Employment Examinations Without Disparate Impact May Still Serve As Basis For Disparate Treatment Claims

Jackson Lewis P.C. on

In EEOC v. Upstate Niagara Coop., Inc., the U.S. District Court for the Western District of New York denied Defendant’s motion to dismiss finding that the EEOC stated claims for discrimination based on sex in violation of...more

Orrick - Employment Law and Litigation

9th Circuit: Employers Must Foot the Bill for Post-Offer Follow-up Medical Exams

The Ninth Circuit recently sided with the Equal Employment Opportunity Commission (“EEOC”), holding that employers can’t require applicants to pay for follow-up post-offer medical exams. ...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

Employer Made Unlawful Medical Inquiries and Refused to Hire Applicants Based on Disability, Federal Agency Charges - JOHNSTOWN, Pa. - Appalachian Wood Products, Inc., a Clearfield, Pa.-based major supplier of cabinet...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers Sued by EEOC For Disability Discrimination

Trucking Company Improperly Screened Out Applicants On The Basis of Disability Federal Agency Charges - DENVER - Trucking firm JBS Carriers, based in Greeley, Colo., violated federal law by using pre-employment screening...more

Holland & Hart - Employers' Lawyers

Asking Employees About Prescription Medicine Use

As an employer, you may be tempted to ask your employees what prescription medications they use and whether their prescription drugs could affect their ability to perform their job. After all, you want to identify any...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Citgo Petroleum Corporation For Disability Discrimination

Lemont Refinery Withdrew Job Offer After Discovering Applicant Had Vision Impairment, Federal Agency Charges - CHICAGO -- Citgo Petroleum Corporation violated federal law when it withdrew a job offer from an applicant...more

U.S. Equal Employment Opportunity Commission...

CSX Transportation to Pay $3.2 Million To Settle EEOC Disparate Impact Sex Discrimination Case

Railroad to Cease Challenged Physical Abilities Testing, Federal Agency Announces - HUNTINGTON, W.V. - CSX Transportation, Inc. (CSXT) will pay $3.2 million and furnish other relief to settle a company-wide sex...more

U.S. Equal Employment Opportunity Commission...

Amsted Rail to Pay $4.4 Million After Court Ruled It Used Discriminatory Hiring Practices

Denying Employment Based on Carpal Tunnel Screening Was Unlawful, Court Ruled - ST. LOUIS - Amsted Rail Co., Inc., a leading manufacturer of steel castings for the rail industry, will pay $4.4 million and furnish other...more

U.S. Equal Employment Opportunity Commission...

Strataforce Settles EEOC Disability Discrimination Lawsuit

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - INDIANAPOLIS -- Strataforce, a staffing firm with offices in California, Indiana, North Carolina, and South...more

U.S. Equal Employment Opportunity Commission...

All Star Priority Staffing Sued by EEOC For Disability Discrimination

Phoenix Staffing Agency Subjected Applicants to Invasive Pre-Offer Medical Questionnaire And Screened Applicants on the Basis of Their Responses, Federal Agency Charges - PHOENIX - All Star Priority Staffing, LLC, a...more

Miller & Martin PLLC

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

Miller & Martin PLLC on

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

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