Tag Archives: EEOC

How Drug-Testing Cost One Firm $750,000 : AMEX

This is a serious heads up small business all.   Besides the fact that the particular example company made rather spectacularly stupid decisions, there are more takeaways in the content to make sure you are within compliance of all regulatory mandates.  Human resources management

Excerpt:  Drug-testing employees is supposed to save you headaches, not cause them.But one automotive parts company will pay $750,000 to settle a lawsuit brought against it under the Americans with Disabilities Act (ADA), alleging the firm took its drug-testing policy too far.According to the U.S. Equal Employment Opportunity Commission, Dura Automotive Systems tested all the employees in its Lawrenceburg, Tenn., plant for 12 substances in May 2007. The problem was that seven of the substances tested for were legal medications “lawfully prescribed for the individuals taking them,” according to the EEOC.The company—based in Rochester Hills, Minn.—also required the employees who tested positive for the legal meds to tell them what medical conditions they were taking the drugs for—and conducted the testing in such a way that everyone knew who had tested positive. Dura then made it a condition of employment that the employees stop taking their (prescribed) drugs. According to the EEOC, the company then suspended employees until they stopped taking the prescribed meds, and fired those who were unable to perform their job duties without their medication.

The EEOC filed suit after attempting to reach a voluntary settlement through its conciliation process, the agency said.

Read full article via How Drug-Testing Cost One Firm $750,000 : The World :: American Express OPEN Forum.

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Filed under Human Resources & Payroll, Legal, Licenses & Insurance, Management

Top 11 Litigation Tips to Help You Manage Risk in Your Workplace

Human resources management — need-to-know.  If you are lax on any of these, time to fix it.  Small business legal

Excerpt:  According to our most recent Employment Law Thermometer, the absolute No. 1 workplace legal issue at the moment is how to prevent and manage litigation.

That’s not surprising. EEOC claims are at an all-time high. Class actions continue to rise. Employers now win less than 50 percent of the time in court.

We’re here to help. Based on input from the world’s leading employment law experts with a combined approximately 8,493,527,624 hours of employment counseling and litigation experience, …

Read full list via Top 11 Litigation Tips to Help You Manage Risk in Your Workplace.  From TLNT


Filed under Human Resources & Payroll, Legal, Licenses & Insurance, Management, Small Business

ADA: Reasonable Definition

The problem with regulations that list “reasonable” as criteria too often leave everyone vulnerable to a specific instance and person’s interpretation of “reasonable”, leaving you guessing as to what course to follow.  Filed under human resoures, ADA and benefits.

Excerpt…….how the EEOC was discussing the use of leave from work as a reasonable accommodation under the ADA. The question I asked back then was how much leave is reasonable? When is enough, enough?

Read full article…..via The ADA does not force employers to provide indefinite leave – The Employer Handbook Blog.

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Filed under Human Resources & Payroll