Category Archives: Pre-employment inquiries

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OMG! Panic over the Supreme Court’s decision on religious discrimination.

samanthaelaufThe U.S. Supreme Court’s decision on June 1, 2015, in EEOC v. Abercrombie & Fitch Stores, Inc. (FEP Cases 157) has resulted in a deluge of case summaries and commentaries, and engendered some level of panic among employers, who believe that the case has created a seismic shift in hiring criteria. But has it, really? … Continue Reading

EEOC issues discussion points on permissible uses of “integrity testing.”

According to the U.S. Office of Personnel Management (OPM), “integrity testing” is a “specific type of personality test designed to assess an applicant’s tendency to be honest, trustworthy, and dependable.” Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. Problems can arise when an integrity test includes questions … Continue Reading

Dishonest response on an initial application can come back to haunt an employee.

In a non-precedential opinion, the 3d U.S. Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict. Because that firing was based upon the fact that the employee previously had denied prior drug or alcohol addition/treatment, the court found that the hospital’s … Continue Reading

OFCCP’s proposed revisions to regs require increased obligations and affirmative action regarding disabled individuals.

Section 503 of the Rehabilitation Act of 1973, as amended ("Section 503"), prohibits employment discrimination by federal government contractor and subcontractor employers against individuals with disabilities. It also includes affirmative action provisions that relate to both hiring and advancement of disabled individuals by those same employers. The provisions of Section 503 apply to government contractors … Continue Reading

High school diploma as pre-requisite to employment may violate the ADA.

On December 2, 2011, the EEOC posted an “informal discussion letter” on its website. The letter was in response to an issue involving individuals who are unable to earn a high school diploma because of certain learning disabilities and who therefore are ineligible for jobs that require a high school education. According to the EEOC, … Continue Reading

Non-disabled individual can support claim of “improper medical inquiry” under the ADA.

The Americans with Disabilities Act makes it illegal for employers to discriminate against disabled individuals. To that end, the Act includes a provision that, prior to an actual offer of employment, an employer “shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with … Continue Reading
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