Pre-employment screening, in the form of medical tests, drug
tests and background checks, often provides valuable information to
help employers find the right matches for their available positions
while minimizing costs associated with high turnover and claims for
negligence in hiring. But as helpful as such screening practices
may be, the information collected is heavily regulated by federal,
state and local laws, which may create legal pitfalls for you. We
will explore the proper procedures to avoid such risks from a
federal law compliance perspective. Some local laws and state laws
may differ from federal law requirements; be sure to check your
local and state laws to ensure compliance.
Pre-employment medical tests and drug tests are regulated so as
not to provide employers with unnecessary information about
conditions that may be disabilities and to limit intrusions on
applicants' privacy rights. The Americans with Disabilities Act
(ADA), along with many state fair employment and/or human rights
laws, regulate the manner in which and extent to which such tests
may be administered to ensure a workplace free of disability
discrimination.
Before employment begins, you may ask all individuals applying
for a particular position about their abilities to perform certain
job functions with or without reasonable accommodation. You also
may require pre-employment medical or psychological tests if the
following...
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