Under the NLRA, Drug testing is a Mandate subject of Bargaining
True
Employees have more protection in the public sector due to
4th amendment rights
Mandatory drug test IS a search under 4th Amendment, but
not unreasonable if compelling government interest outweighs interest in employee privacy
True
only employees under ___ ____ have any contractual rights as to whether employer requires a drug test.
union contract
Can Er reqiure drug test for off duty Ee on vacation?
Er can still prohibit discharge due to drug use because it is a federal statute.
Exception to drug testing invasion of privacy rule
safety and Er has reasonable food faith suspicion
Er cannot ask EE to take drug test if it is an ___ ___ __
invasion of privacy
If ee consent to drug test is there an invasion of privacy?
NO
When is a background check inaccurate?
1. incorrect
2, misleading in a way and to an extent to have adverse effect
If er has received report and wishes to take adverse action because of it they must:
1. provide a pre-adverse action notice to individual
2. wait before taking the adverse action
Steps Er must do before receiving a consumer report on a job applicant or a current Ee:
1. Employers must tell applicants or employees they might use their consumer report on employment decisions
2. Er must recieve written permission
3. Er must certify compliance with the company conduction background check
purpose to promote accuracy, fairness, and privacy of information in the files of consumer reporting agencies. Some provisions cover employee background checks.
Fair Credit Reporting Act
Author
dwrght16
ID
360038
Card Set
Job Screening Part 2
Description
drug testing, back ground checks, criminal history