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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.
--
Peter
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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