Employment law 4

Testing, Hiring, and Promotion

1 Would you advise an employer that operates retail clothing stores to drug test?

if so, under what circumstances? Using what procedures? What should be

Done regarding applicants or employees who test positive?

2 Jobs are being transformed.  Employers are increasingly focusing on

Processes rather than individual jobs. More work is being done in teams, with team members expected to be capable of taking on each other’s functions.  What are implications of this for validating tests or other selection criteria? Has it become more difficult to determine what is “job related?”

3 It is often said that one of the benefits of a diverse workforce is that employees

Will better understand and relate to their diverse customers.  Does this justify making hiring decisions on protected class grounds? Assigning work so that the protected class characteristics of employees and customers match? If not, what should employers do?