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oThere are exceptions, can be used if an employer wants an employee to take it as part of investigation of theft, sabotage or other property lossDrug testingoNot 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 drugsoAlcohol impaired employees are identifiable without drug tests in most cases, doesn’t necessarily require invasive drug testingoEmployees 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 agencyoFourth 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 overalloPrivate 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 othersGenetic testingoRestricted in 30 states, Genetic Information Non-Discrimination Act (GINA) was passed in ’08 to prohibit employers from discriminating against employeessimply because they could have a higher risk of later developing a disease. Also restricts collection of genetic informationCriminal recordoViolation of title VII to refuse to hire someone because of just their arrest recordoHowever, it is not a violation to refuse to hire a convict.oA “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 employmentProtection of Employee Safety and WelfareWorkers’ CompensationoPaid without regard to employer negligenceoMust be out of and in the course of employmentProxies: Public Lawdirectly 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)Pufferyexaggerated or false praiseRReasonable 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 standardfor determining liabilityRegistration and Reporting:Section 12 of 1934 act requires certain companies to register their shares with the SECThese companies are called registered or reporting companiesMust contain info such as areas as the organization, financial structure, and nature of business, structure of present classes of stock, directors and officer’sremuneration, important Ks, balance sheets, profit-and-loss statements for 3 preceding fiscal yrs