In this week’s highlights we’ll cover how job categories influence drug screening policies, 8 keys to a better remote work plan & the first pandemic-related remote-work bias suit filed by the EEOC.

To Screen or Not To Screen? Selective Drug Screening By Category

Can we mandate a drug screening upon hire for some job types and not others?

For some categories of heavily regulated jobs, such as those overseen by the U.S. Department of Transportation (e.g., over-the-road truck drivers, rail operators), drug screening as a condition of employment is mandatory by law. So, distinguishing between those categories of jobs and others is essentially necessary.

In other situations where drug screening for new applicants isn’t required by law, Colorado law doesn’t appear to require an “all-or-nothing” type of drug screening policy—i.e., either candidates for all available jobs must be screened, or no candidates may be screened. If you choose to impose drug screening as a condition of employment for a particular job or job category, however, then you must apply the screening uniformly across all applicants.

To view the entire article by JD Supra click here.

8 Keys To A Better Remote Work Plan

Can your team do remote work forever?

Employers continue to struggle with this question – and HR professionals continue to figure out if it’s possible.

Truth is, many employees don’t want to come back to the physical workplace. About 60% would like to work remotely all the time, according to research from FlexJobs. Another third prefer a hybrid model – on-site a few days, at home other days.

And why shouldn’t they?

To view the entire article by HR Morning click here.

EEOC Files First Pandemic-Related Remote-Work Bias Suit

After the COVID-19 pandemic required many employers to implement remote work arrangements (both to continue their operations and to comply with new state and federal regulations), many employers, and employment lawyers, have wondered how this development would impact businesses’ obligation to allow employees to work from home as an accommodation to a disability in the future. 

As a result of a first-of-its-kind case filed by the U.S. Equal Employment Opportunity Commission (EEOC), employers may soon get a glimpse at the administrative body’s attitude toward the future of work-from-home arrangement.

To read the entire article in SHRM click here.

When your business needs assistance with employment screening, criminal checks, FCRA compliance, drug screening, education and employment verification, driving records (MVR), credit checks or social security number validation, contact the Swailes Background Team to get quickly signed up.