2015

Did you know that the EEOC requires employers to keep all personnel and employment records for at least one year? Just as importantly, to the extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex, race and ethnicity must be kept. These requirements are set forth in the EEOC's Uniform Guidelines on Employee Selection Procedures. In a recent case, the EEOC sued a Pennsylvania janitorial and facilities management company for failure to maintain disparate impact information relative to its use of criminal background checks.

When an employee is terminated, his employment records must be kept for one year following the termination date. Just as importantly, to the extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex, race and ethnicity must be kept. These requirements are set forth in the EEOC's Uniform Guidelines on Employee Selection Procedures.  

Last Friday, the EEOC sued a Pennsylvania janitorial and facilities management company for failure to maintain disparate impact information relative to its use of criminal background checks

All Australian government-funded construction sites now require contractors to have a comprehensive fitness-for-work policy that includes mandatory drug and alcohol testing.

The amendments apply to all new and existing projects after October 16, 2015, where the Commonwealth has contributed at least A$5 million and 50% of project value or at least A$10 million towards the project. But drug testing is not associated with deterring people from taking drugs, so why do we do it?

Employed people are more likely than unemployed people to drink at risky levels. Plus, workers in the building and construction industry have a higher rate of use of some drugs than the general population. To be effective a workplace policy needs to be part of a broader healthy workplace solution that considers drug and alcohol use, mental health, fatigue and other impacts on fitness for work. Workplaces with effective drug and alcohol policies have happier, healthier and more productive staff and reduced absenteeism.

A man who says he was wrongfully fired over false information in a background check has filed a pair of class-action lawsuits in federal court, including one against the prominent real estate firm Freeman Webb.

Tyrone Jude was hired as a maintenance man at a Lebanon apartment complex. Freeman Webb bought the complex and fired Jude after the company obtained a background check that incorrectly named him as a sex offender. Jude’s case centers around alleged violations of the FCRA, which requires companies to provide notice to employees or job applicants that they are conducting a background check in a separate document only meant for that disclosure. “Our goal when we bring these types of cases is to engage with the defendant and get them to fix their practices,” said Steven Woodrow of Woodrow and Peluso.