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Hiring & Firing › Pre-Employment Health Screenings

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
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

Holland & Knight LLP

Trucking Industry Group Seeks to Conduct Drug Screening Utilizing Hair Testing

Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) has requested public comment on an application for exemption submitted by The Trucking Alliance that would allow trucking companies to use hair testing in addition to...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

Sheppard Mullin Richter & Hampton LLP on

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Bill Proposes to Prohibit Employment Discrimination Against Marijuana Users

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A bill recently introduced in the California Assembly proposes to prohibit discrimination against employees who use cannabis off the job. The legislation, Assembly Bill (AB) No. 2188, would amend California’s employment...more

Foley & Lardner LLP

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

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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

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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

Verrill

Hiring During the COVID-19 Pandemic: What You Can Do

Verrill on

Despite the ongoing COVID-19 outbreak, business—and hiring—must go on. As the EEOC continues to update its guidance regarding employment practices during the pandemic, here are common questions regarding how to implement...more

ArentFox Schiff

Federal Agency Sues Hospital Over Late Career Practitioner Policy

ArentFox Schiff on

On Tuesday, February 11, 2020, the Equal Employment Opportunity Commission filed a complaint against Yale New Haven Hospital alleging that the hospital’s Late Career Practitioner Policy violates both the Age Discrimination in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Governor Signs Employer-Friendly Amendments to Recreational Marijuana Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 25, 2019, Governor J. B. Pritzker signed legislation making Illinois the 11th state to approve marijuana for recreational use. Recreational use of marijuana will be permitted by law beginning January 1, 2020....more

Dentons

HR Quick Takes: Pre-Employment Physical

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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

Dentons

HR Quick Takes: Employee Vaccination Inquiry

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Q: In a world where you can get measles at Disney World, can I ask my employees if they have been vaccinated?  A: This inquiry is generally part of a pre-employment physical for certain occupations or industries, such as...more

Laner Muchin, Ltd.

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

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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

Obermayer Rebmann Maxwell & Hippel LLP on

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

U.S. Equal Employment Opportunity Commission... on

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart for Discriminatory Hiring Practices at Oklahoma Distribution Center

U.S. Equal Employment Opportunity Commission... on

 Retail Giant Refused to Allow Job Applicant to Take Pre-Hiring Physical Assessment Test Due to Obvious Disability, Federal Agency Charged - ST. LOUIS - Wal-Mart Stores East, LP violated federal law when it declined a job...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

Dorsey & Whitney LLP

Obesity Is A Disability, Washington Supreme Court Rules

Dorsey & Whitney LLP on

The Washington Supreme Court yesterday ruled, for the first time in Washington, that obesity can be a disabling condition that protects workers from discrimination and requires accommodation. Employee, Casey Taylor, sued...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Rogers Behavioral Health for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Residential Health Facility Rescinded Employment Offer When a Drug Screen Revealed an Applicant's Legally Prescribed Medication - MILWAUKEE - An Oconomowoc, Wis., inpatient residential health facility violated federal law...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

Foley & Lardner LLP

Bashful Bladders Bring Problems for Employers

Foley & Lardner LLP on

The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...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

Polsinelli

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

Polsinelli on

On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

Orrick - Employment Law and Litigation

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

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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

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