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Drug tests and reasonable accommodation

A Texas nurse recently won a lawsuit for $30,000 because the hiring company was unwilling to provide reasonable accommodations in a drug screen (following their corporate drug test policy). Due to a past surgery, the nurse was unable to submit a urine sample. When she...

Drug use is rising–are you testing your employees?

Do you know who is using drugs? Are you sure? In the recent white paper, “Everything You Never Wanted to Know About Drug Testing”, we document that nearly 42,000 Americans come to work each day under the influence of something. Quest Diagnostics recently...

FCRA: What does it mean now?

Debtor’s financial records are available to debt collectors through Accurint, a service provided by LexisNexis; however, earlier this month, a federal judge required a payment of $13.5M for violations of the FCRA. The violation was caused by LexisNexis’ refusal to...

Adverse Action: The Two-Step Process

This is the final piece in a series on avoiding unnecessary risks in the hiring process, published in response to the documents jointly published by the EEOC on background screening and the recent rash of litigation. In previous posts, we have discussed the need for a...