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Report Link EEOC Wins Appeal of $3.4 Million in Pre-employment Strength Testing of Females (pdf).Phelps Dunbar LLP - April 17, 2007 As many employers know, pre-employment strength
testing of physical strength is quite common, particularly
in jobs requiring physical strength as part of an essential
job function. Report Link Courts Scrutinize Pre-Employment Strength Tests.Ford & Harrison LLP - January 22, 2007 In an effort to reduce on-the-job injuries, many employers have implemented, or are considering implementing, pre-employment strength tests. Report Link Ninth Circuit Finds Use of Hearing Test to Screen Driver Applicants Violates ADA.Ford & Harrison LLP - October 23, 2006 The Ninth U.S. Circuit Court of Appeals has held that United Parcel Service (UPS) violated the Americans with Disabilities Act (ADA) by refusing to hire drivers who could not pass a hearing test. See Bates v. UPS (October 10, 2006). The Ninth Circuit’s decision affirms a lower court’s determination that the company violated the ADA and affirms the certification of a class action against UPS based on the ADA violation. Report Link Ninth Circuit Rules Policy that Excludes Deaf Drivers Violates the ADA, Opening the Door to More Class Actions Challenging Hiring Standards.Littler Mendelson, P.C. - October 23, 2006 In a decision issued earlier this month, Bates v. United Parcel Service, Inc., No. 04-17295 (9th Cir., October 10, 2006), a three-member panel of the Ninth Circuit Court of Appeals issued a ruling that may generate a new wave of class action claims based upon the Americans with Disabilities Act ("ADA"). The Ninth Circuit upheld a trial court ruling that UPS's policy of excluding deaf individuals from being eligible for hire as drivers violated the ADA. In so ruling, the Court established a much lighter burden of proof for plaintiffs challenging a facially discriminatory qualification standard than that which is normally required. The Court also agreed that an ADA action challenging the application of a uniform qualifications standard may properly be brought as a class action. Report Link Use Of The "Minnesota Multiphasic Personality Inventory" May Violate The ADA (pdf).Vedder Price - August 29, 2005 The Minnesota Multiphasic Personality Inventory
(“MMPI”) is a test that determines where a person falls
on scales measuring traits such as depression, paranoia
and mania. On June 14, 2005, the U.S. Court of Appeals
for the Seventh Circuit held that the MMPI is a medical
examination and that its use by an employer in making
personnel decisions violated the Americans with
Disabilities Act. Karraker et al. v. Rent-A-Center et al.,
No. 04-2881. Report Link Premature Medical Exam May Invalidate Hiring Process.Jackson Lewis LLP - April 28, 2005 A decision from the federal appeals court in San Francisco has reinforced the admonishment that employers must follow the provisions of the Americans With Disabilities Act to the letter to avoid liability.
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ArticlesFound: 6 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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