On February 20, 2015 the US 4th Circuit Court of Appeals (covering MD, VA, WA, NC & SC) found in favor of Freeman who was defending against an EEOC lawsuit. In the case of EEOC v. Freeman the court considered a class action lawsuit pursued by the EEOC challenging the employer’s use of certain background […]
Can You Stop Drug Test Cheating?
It has been estimated that drug test cheating occurs on up to 5% of drug tests, perhaps more. If you search the web using the term “cheat your drug test”, virtually thousands of web sites will show. And, virtually all deal with how to cheat a urine drug test. There are relatively few on how […]
What is the most popular EEOC charge?
The EEOC charge against employers for misusing credit reports and criminal conviction searches in making employment decisions is becoming more and more frequent. I thought these types of EEOC actions against employers in this area would have been the most frequent. Recently I learned that retaliation charges against employers are the most frequent. For the […]
Job Descriptions and Background Investigation Policy
How Is a Job Description Related to Background Investigations? (Need help developing a job description? See below!) The first step in filling a position in the organization is determining the position description. At the same time that the position description is selected or drafted, the employer should consider whether there are requirements (e.g., statutes or […]
Don’t Use Drug Tests to Manage Anticipated Poor Performance
Dura Automotive Systems (Dura) used drug test results to manage “anticipated” poor performance of employees operating machinery. We believe that Dura made a number of mistakes that we would like to highlight in this post. The entire case can be read here. First, some Background from the Bates v. Dura Automotive lawsuit: “In 2007, Dura […]
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