Historically, employers conducted preemployment drug testing to promote a drug-free work environment and safe working conditions for all employees. Applicants who tested positive for prohibited substances, including marijuana, were generally excluded from further consideration for employment. However, as more states legalize the use of medicinal or recreational marijuana, employers are facing difficult decisions regarding their preemployment drug testing policies.
Signed into law in 1963, the Equal Pay Act prohibits pay discrimination based on sex. However, 60 years since the passage of the law, women continue to experience a pay gap, relative to men.
Career center staff should vet job postings as thoroughly as possible before posting them to avoid posts that are fraudulent or discriminatory.
Can employers mandate employees and interns to be vaccinated against COVID-19? Can job candidates be asked if they are vaccinated? This article address five common questions about the COVID-19 vaccine as it relates to hiring and employment.
Can an employer mandate that its employees (or interns) obtain the vaccination? The answer, not surprisingly, is not a simple “yes” or “no.” The ADA as well as other laws and regulations play a role in determining what, legally, an employer can mandate.
Immigration attorney Mark B. Rhoads answers several critical questions about international students navigating the visa sponsorship process.
There are a number of test employers use in the preemployment and hiring process.
Given the complexity and variety of laws, it is not surprising that employers, applicants, and career services professionals alike are confused about what is and isn’t legal in the case of marijuana—medical and recreational. This article addresses marijuana use as it pertains to some of the most pressing questions surrounding recruiting and hiring.
Attorney Edward Easterly addresses some of the key legal questions that have arisen in regard to the coronavirus pandemic for career services, employers, and new college graduates and interns.
Attorneys George Hlavac and Edward Easterly discuss potential pitfalls in the application and interview for applicants and employers.
A Massachusetts U.S. District Court judge has ruled that Harvard University’s admissions process does not discriminate against Asian-American applicants.
Unpaid internships can put international students at risk of violating their immigration status.
Affirmative action programs in educational institutions once again have come to the forefront, this time with Harvard University being accused of discrimination. The issues in such a case are complex, but the decision may have a ripple effect for other educational institutions and the policies they have adopted.
The Office of Federal Contract Compliance Programs (OFCCP) recently made further guidance about its Section 503 focused reviews available.
personality tests to screen out unsuitable candidates and screen in ones with
potential. Employers need to understand the legal pitfalls; job seekers need to
understand their legal rights.
When a data breach comes from a
third-party vendor, both the vendor and the party that provided the initial
information may be subject to potential liability.
This article discusses maintaining and handling
protected data, including how to an internal or third-party breach.
Interns should be are aware of the law and understand what remedies are available should they believe they are being subjected to harassment in the workplace during their internship.
Employees are protected against harassment in the workplace. But what happens if the person subjected to harassment is an unpaid intern, not an “employee”?
What constitutes harassment? How are employers required to respond? What should employees do if they believe they are being harassed? Are unpaid interns protected?
The significantly increased use of social media has changed the way employers and courts have handled noncompete and nonsolicitation agreements.
Employers may require new hires and interns to sign restrictive covenants, such as noncompete, nonsolicitation, and/or nondisclosure agreements. Attorneys George Hlavac and Ed Easterly discuss the issues.
Legal issues and questions around preemployment testing range from when a test is appropriate to how to conduct a test to how an employer can and should use the results.
For the third time since 2014, the OFCCP has reduced the annual Vietnam Era Veterans’ Readjustment Assistance Act hiring benchmark.
The USCIS issued a new rule in November that impacts the H-1B visa program. Included in the new rule are two notable changes.
Two immigration attorneys review how the new STEM OPT rule impacts international students and employers.
This article provides guidelines for those writing reference letters, including questions to consider and legal and liability issues.
In June 2016, the U.S. Supreme Court upheld the affirmative action admissions plan at the University of Texas. Attorney Ed Easterly looks at what Fisher v. University of Texas means for affirmative action.
In a 4-3 decision, the U.S. Supreme Court upheld the affirmative action admissions plan at University of Texas. The case, Fisher v. University of Texas at Austin, revolved around race in the admissions process. The University of Texas system provides for race to be considered as one factor in admissions.
The OFCCP has made revisions to its Functional Affirmative Action Program directive. The updated directive received approval from the Office of Management and Budget, and went into effect in late April 2016.
The legalization of recreational and/or medical marijuana in many states raises a series of issues for employers and employees alike. How are drug testing policies affected? Must employers accommodate use of marijuana for medical purposes? What does legalization mean for federal contractors?
The key for reference providers is to know what information should and can be disclosed, and what legal ramifications arise as a result of improper disclosures.
On July 2, the U.S. Court of Appeals for the Second Circuit vacated a lower court decision that Fox Searchlight Pictures had improperly classified former workers as unpaid interns rather than employees, calling the U.S. Department of Labor’s standards out of date and “too rigid for our precedent to withstand.”
FERPA was enacted to protect the privacy of students and their parents. It is designed to ensure that students and their parents can access the student’s education records and challenge the content or release of such records to third parties. This article summarizes the key points of FERPA, notes the 2008 and 2011 changes to the act, and highlights how career services practitioners can ensure their institutions and offices are in compliance.
Although some recommend a student or new graduate volunteer to work unpaid to gain experience, it is illegal for-profit organizations to have “volunteers” perform work.
There are a variety of legal issues related to internships, including whether interns must be paid, the enforceability of noncompete or nondisclosure employment agreements, and if interns are entitled to workers’ and unemployment compensation.
Many career services professionals are asked to prescreen candidates for employers—to identify their “best” students. So, too, are faculty members. Beyond a host of ethical issues involved in such a request, there are legal implications.
Given the ever-changing nature of employment laws, it is important to understand what is permissible in diversity hiring and recruiting.
Employers are not required to interview an international student who has an F-1 or J-1 visa, even if the student is otherwise qualified for the job. Although employers can refuse to interview or hire international students who do not already have some form of permanent work authorization, most cannot stipulate that U.S. citizenship is a job requirement.
The Affordable Care Act (ACA), or Obamacare, will have a significant impact on individuals entering the work force as well as employers. The ACA is a set of health insurance reforms intended to make healthcare more accessible to Americans.
In today’s marketplace, college students may be offered a wide variety of employment opportunities. The following information should help career services professionals advise their students on the nature of these opportunities.
The Higher Education Act (HEOA) requires every institution of higher education in the United States that receives federal funding to disclose information on, among other things, college costs, graduation data and other consumer information, emergency procedures, and fire safety reports.
Employers use background checks to determine if an individual is suitable for a position within the organization. Recently, however, employers have been running into significant roadblocks in the use and application of background checks, and some are now being challenged in the courts for conducting background checks on potential applicants.
What materials on the Internet are copyrighted and can you repost them? This article discusses copyright online and issues surrounding it.
Employers need to know how to determine if an international student will require visa sponsorship—and career services professionals also should be aware of this process so that they can effectively advise these students.