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Subject:RE: In Reference to Drug Testing From:Barry Kieffer <bkieffer -at- ims -dot- com> To:"TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com> Date:Fri, 20 Oct 2000 10:18:51 -0700 (PDT)
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.
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