While criminal background checks are a common part of the hiring process for many companies, there has been legal pushback lately with federal and state authorities both launching cases against employers they say are using the checks unfairly. The thrust of complaints…
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Credit Checks Pose Hurdle for Job Seekers
Employers are permitted by law to run credit checks on employees or prospective employees, and nearly half do, according to a 2012 study by SHRM. But there are limits to how these checks can be ordered and used, and the FTC and the EEOC want employers and employees to…
Drug Testing Index™ Reports Drug Use Among American Workers Declined 74% Over the Past 25 Years, Finds Unprecedented Analysis of More Than 125 Million Workplace Urine Tests
Drug use among American workers declined dramatically over the past 25 years, although the rate of positive test results for certain drugs, including amphetamine and opiates, continues to climb, according to a landmark analysis of workplace drug test results released…
Pre-Offer Drug Tests Violated Americans with Disabilities Act
Pre-offer drug tests to determine the use of both legal and illegal drugs violated the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on March 6, 2014. EEOC v. Grane Healthcare Co. and Ebensburg…
Cross-Border Employers Must Take Care Before Implementing Drug-and-Alcohol-Testing Policies at Non- U.S. Operations
Many U.S.-based employers perform pre-employment, post-accident, or random drug testing, and with some exceptions, are generally permitted wide latitude in deciding when to conduct such tests. The U.S. attitude toward drug testing does not necessarily translate to…
Bringing Your Employees Down From Their High: Drug Testing and Legalized Marijuana
Over the years, most employers have implemented policies that prohibit the use of illegal drugs during work hours or while on work-related business. Many other employers have made drug testing part of the standard onboarding process for all new employees. With the…
FMCSA Notice of Proposed Rulemaking – Commercial Driver’s License Drug and Alcohol Clearinghouse
On February 12th, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced a Notice of Proposed Rulemaking (“NPRM”) to establish a national drug and alcohol clearinghouse for commercial…
Rhode Island Bill Expands Background Checks for Third-party School Employees
Scott Sanford worked closely enough with East Greenwich schoolchildren to give them treats on the school bus. But the friendly bus monitor was not a “school employee.” This meant he was not legally required to pass a national criminal background check…
Ban the Box’ Moves Forward in Louisville Despite Fischer Administration’s Objections
A Louisville Metro Council committee has approved a measure prohibiting the city and its private contractors from asking about an applicant’s criminal history until the job is offered. But members of Democratic Mayor Greg Fischer’s administration joined…
City Manager Ron Carlee Decides to “Ban the Box”
Charlotte City Manager Ron Carlee has officially “banned the box”. Applicants for city jobs will now no longer see a question about prior convictions on the initial application. The exception will be for public safety jobs. Applicants will be asked about…




