Medical Exams

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    According to a report released by the Substance Abuse and Mental Health Services Administration, 8 percent — about one in 12 — full-time workers ages 18 to 64 used illegal drugs in the past month. The study, from the 2011 National Surveys on Drug Use and Health, uncovers an important finding for business owners, showing that...

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    A former employee's lawsuit recently survived a motion to dismiss because the employer's positive statements about her during interviews called into question its reasons for firing her. Alleged discrimination In February 2011, Valarie Coates applied for a senior management position at Cooper Health System (CHS). After interviewing her three...
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    After extending a conditional offer of employment, many employers require prospective employees to undergo medical examinations to assess their "fitness for duty." Problems may arise, however, when an employer decides to rescind a job offer based on information obtained during the medical examination. A Florida employer recently learned that...
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    Q Our company is a staffing firm, and one of our clients had a policy requiring that temps take a drug test only if they're offered a full-time position. I was just informed that the client has decided to require that all temps take a drug test. I've been told that you have to give employees 60 days' notice when you change a drug-testing policy...
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    An employer made an incorrect assumption about a disabled applicant. When a court disagreed with the assumption, the employer paid the applicant more than $50,000. Lynn, Jackson, Shultz & Lebrun, P.C., the firm of South Dakota Employment Law Letter editor Jane Wipf Pfeifle, was involved in this case. All facts are taken solely from the court's...
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    Q We have several employees who have been abusing their intermittent leave under the Family and Medical Leave Act (FMLA) by calling in late or calling in a full day's absence and telling our call- in line only that they will be out "for FMLA reasons." We have been told by some of our other employees that their coworkers' absences have nothing to...
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    During its legislative hearing on January 14, 2014, the Senate Commerce Committee heard testimony on a number of workers' compensation-related bills supported by employees and claimants' attorneys. Senate Bill (SB) 204 would expand permanent impairment awards. Under the current statute, an injured employee is entitled to a single lump-sum...
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    Q We are a manufacturer with labor-intensive positions. Can we conduct prehire background checks that focus on a potential employee's workers' compensation history? Are there any federal or state concerns to be mindful of? A Inquiring into workers' comp claims made by a job applicant is unlawful. Both the federal Americans with Disabilities Act...
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    Q As an HR professional, I am well aware of the ongoing debate surrounding the use of personality or integrity tests in employee selection, retention, and promotion decisions. Too often we find that the time and effort we put into advertising jobs and selecting and screening candidates to ensure that we hire competent and qualified individuals who...
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    The 6th Circuit recently upheld a trial court's dismissal of a discrimination lawsuit after the former employee repeatedly failed to answer questions about her claims during her deposition. The court ruled that the employee failed to offer any facts to support her claims, despite the convenient return of her memory when she was faced with the...
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