Site Map - Hiring \ Employment Issues

11/06/2007 - A bill ( S.B. 5157) that would allow state agencies to purchase different fingerprinting systems has been approved by the Washington Senate and is now pending in the House Criminal Justice and Corrections Committee. The bill would allow state agencies, including various law enforcement groups, to purchase any brand of fingerprinting system so long as the systems are interoperable. The bill would overturn a 1996 law that required all state agencies to purchase the same system. Another bill (S.B. 5553), which would require fingerprint background checks for purposes not related to criminal activity to be submitted electronically, has been approved by the Senate Health, Services, and Corrections Committee. The proposed legislation is currently awaiting action in the Washington State House Ways and Means Committee. The bill, which would have a significant effect on fingerprint background checks conducted during the hiring process, would provide $270,000 to help upgrade the current system. The proposed legislation also requires that the electronic fingerprints, such as those obtained by employers, be destroyed after the background check is complete.

11/06/2007 - A federal appeals court has ruled that an employer violated the Americans with Disabilities Act (ADA) by basing a hiring decision on a medical test before the applicants had completed the rest of the hiring process. The court also allowed the applicants’ invasion of privacy claim to proceed to trial because the employer could not prove that its extensive blood testing procedure was standard in the industry. (Leonel v. American Airlines, Inc., U.S. Court of Appeals for the Ninth Circuit, No. 03-15890, 2005).

11/06/2007 - In a recent appellate decision, a court ruled that a hospital violated the Americans with Disabilities Act (ADA) when it terminated an employee who was on leave to receive treatment for alcohol abuse. The court found that hospital management referred to the employee as an alcoholic in company memos. Because the company considered the employee an alcoholic, he was protected under the ADA. (Moorer v. Baptist Memorial Health Care Center, U.S. Court of Appeals for the Sixth Circuit, No. 03-5855, 2005)

11/02/2007 - A quarter of companies surveyed have fired workers for misusing the Internet or e-mail, according to the 2005 Electronic Monitoring & Surveillance Survey, cosponsored by the American Management Association and The ePolicy Institute.

11/02/2007 - The Iowa Supreme Court has ruled that a company cannot require an employee to pay the cost of his drug test. In the case, the company hired a new employee, Thomas Tow, on the condition that he pass a background check and drug test. Tow’s drug test was inconclusive. The company told Tow that he would have to pay for a new test before he would be hired. Tow sued the company. The court ruled that, in Iowa, a company must pay for such tests. (Thomas J. Tow v. Truck Country of Iowa, Inc., Supreme Court of Iowa, No. 04-0462, 2005)

11/02/2007 - An effective performance-appraisal system ensures that employee issues are dealt with continually, not only at yearly reviews.

11/01/2007 - A new bill (H.B. 1260) introduced in the Minnesota Legislature would allow employees who are seriously injured on the job to sue their employers. Employers would be liable to an injured worker if they willfully or repeatedly violated the state’s occupational safety and health standards. Under current law, employers are granted immunity in such cases. The only recourse for an injured employee is to apply for workers’ compensation benefits.

11/01/2007 - A federal appeals court found that a company did not violate labor laws when it fired an employee who caused property damage.

11/01/2007 - NLRB has held that an employee fired when he cursed at his boss is entitled to reinstatement.

10/31/2007 - Michigan lawmakers are considering a bill ( S.B. 621) that would require all of the state’s 5,000 nursing homes to conduct criminal background checks on all prospective employees. Also, the bill would require these facilities to conduct annual criminal background checks on current workers.

10/31/2007 - A California appeals court ruled that a company committed fraud when it promised a salary that it knew was unattainable.

10/31/2007 - The Illinois Appeals Court has ruled that a transit company is not liable for hiring an employee who later raped a customer.

10/31/2007 - A radio host fired after filing a complaint about a coworker has won a retaliation lawsuit.