Re: In Reference to Drug Testing

Subject: Re: In Reference to Drug Testing
From: Peter <pnewman1 -at- home -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 20 Oct 2000 19:57:15 -0400

Barry Kieffer wrote:
> Let's make one thing perfectly clear:
> If you refuse a drug test, a writing test, or whatever standard a company has
> adopted as standard applicant operation, the companies' hands are tied in the
> ability to hire you. (Unless, of course, the company is some fly-by-night or
> goofy start up, they never do seem to play by the rules, or don't know them.)
> This is because of discrimination laws that every HR person, and every hiring
> manager, better be aware of.
> If I found out that I was subjected to a writing test and not hired, but another
> applicant (a friend of mine for example) was not subjected to a writing test and
> was hired, I would have grounds to sue. I was discriminated against by being
> singled out and asked to do something the other applicant(s) were not.
> Same goes for drug testing. If I found out that a new employee refused a drug
> test and was hired, whereas I had to take the drug test, again, it would be
> discrimination. One applicant was treated with exception to the others.
> In the interviewing process, it is imperative that you treat every applicant
> exactly the same. If you have a writing test and drug screen:
> * All get a writing test (no exceptions).
> * All have to pass a drug screen (no exceptions).
> In interviewing, every question and action must be legally defensible.

Almost. A company has the right to reject a "the most highly qualified"
person for any reason it chooses, "even blue hair" except for the
expressly prohibited statutory grounds.


There are few situations in life that cannot be resolved
promptly, and to the satisfaction of all concerned,
by either suicide, a bag of gold,
or thrusting a despised antagonist over a precipice on a dark night.
Ernest Bramah (Kai Lung stories)

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