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Total Articles: 4

Court Labels Employer Post-Offer Medical Examination “Textbook Case” of ADA Regarded As Liability

When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs.

Should Employers "Get Physicial"?

Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred, could violate several federal statutes and draw unwanted attention from the Equal Employment Opportunity Commission (EEOC or the Commission).

EEOC issues discussion points on permissible uses of "integrity testing."

According to the U.S. Office of Personnel Management (OPM), “integrity testing” is a “specific type of personality test designed to assess an applicant's tendency to be honest, trustworthy, and dependable.” Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence.

Are Your Inquiries into Justification for Sick Leave Legal?

If you’ve seen Ferris Bueller’s Day Off you know that just because someone calls in sick does not mean he or she actually is ill. Employers often demand documentation to justify absences due to sickness, but asking for too much information can be unlawful under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (“FMLA”), and some state laws.
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