o There are exceptions can be used if an employer wants an employee to take it

O there are exceptions can be used if an employer

This preview shows page 38 - 39 out of 59 pages.

o There are exceptions, can be used if an employer wants an employee to take it as part of investigation of theft, sabotage or other property loss Drug testing o Not always accurate, and some can reveal too much private information, such as urine, blood or hair analysis, most of which could have nothing to do with drugs o Alcohol impaired employees are identifiable without drug tests in most cases, doesn’t necessarily require invasive drug testing o Employees that refuse tests are subject to action, such as required enrollment in rehab programs or immediate discharge. Not completely enforceable if the employee is employed by a state, federal or local government agency o Fourth amendment protects employees against unreasonable search and seizures, requires probable cause. Its acceptable to carry out testing to courts if it is done in a reasonable manner overall o Private employers are not held accountable by the constitution, can drug test. However, Tort must not be committed. They can’t reveal info from tests to others Genetic testing o Restricted in 30 states, Genetic Information Non-Discrimination Act (GINA) was passed in ’08 to prohibit employers from discriminating against employees simply because they could have a higher risk of later developing a disease. Also restricts collection of genetic information Criminal record o Violation of title VII to refuse to hire someone because of just their arrest record o However, it is not a violation to refuse to hire a convict . o A “ban the box” movement has started to prevent employers from asking questions about an applicant’s job history until after they have made a conditional offer of employment Protection of Employee Safety and Welfare Workers’ Compensation o Paid without regard to employer negligence o Must be out of and in the course of employment Proxies: [12] Public Law directly concerned with the government, individual relationship; criminal law, constitutional law, and administrative Publicly-held corporation: has stock that is more broadly held (Google, Microsoft, General Motors) Puffery exaggerated or false praise R Reasonable Person Standard: “everybody has their own truth” asks us to look at our own truth and then look at other versions of truth which helps us figure out what is generally acceptable A phrase frequently used in law to denote a hypothetical person in society who exercises average care, skill, and judgement in conduct who serves as a comparative standard for determining liability Registration and Reporting: Section 12 of 1934 act requires certain companies to register their shares with the SEC These companies are called registered or reporting companies Must contain info such as areas as the organization, financial structure, and nature of business, structure of present classes of stock, directors and officer’s remuneration, important Ks, balance sheets, profit-and-loss statements for 3 preceding fiscal yrs
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