The Americans with Disabilities Act forbids companies from giving employees medical tests unless they’re “job related and consistent with business necessity.” What does that really mean? The law doesn’t say, but here’s some guidance from a recent court decision:

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Tags: ADA, medical tests, safety

Even when front-line managers don’t get the final say in who’s hired and fired, their biases can still get employers hit with costly lawsuits.

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Tags: front-line manager, race discrimination, safety

Many HR departments use pre-employment tests to find out which applicants are the best fit for the job and the company. But is that putting them at greater risk for a new type of lawsuit?

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Tags: disparate impact, pre-employment testing

When testing job applicants, the key for companies is making sure the test matches the job. Otherwise, an unsuccessful applicant may sue, claiming the test was designed to exclude a protected class.

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Tags: gender discrimination, pre-employment testing, safety

Many companies use personality tests to determine which applicants are the best fit for a job. But do those tests violate the Americans with Disabilities Act? 

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Tags: personality tests

The Americans with Disabilities Act prohibits employers from giving applicants medical tests before a job is offered — and that might include examinations used to learn about candidates’ personality traits.

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Tags: disability, personality tests

It’s one of HR’s worst nightmares: An employee’s injured after an attack by a co-worker. If it turns out the attacker had a history of violent behavior, can the company be sued for hiring him?

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Tags: background check, negligent hiring, sexual assual

Many companies have policies requiring employees to be fluent in English and speak the language at work. Is that against the law?

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Tags: EEOC, English-only policy, Salvation Army

When a job requires physical labor, a pre-employment physical is often a must to make sure new hires can work safely. Here’s how to give medical tests without being sued.

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Tags: ADA, Americans with Disabilities Act, physicals

HR must train hiring managers to be careful about what they say during interviews — or the company could face huge legal battles down the road.

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Tags: gender, hiring bias