Can an employer require a medical examination before hiring?

Simply put, it’s a bad idea. The Americans with Disabilities Act (ADA) prohibits employers from conducting medical examinations or making pre-employment inquiries to determine if an applicant has a disability, […]
Can a job candidate or employee refuse a drug test?

Absolutely. But you’re probably not going to get the job and employees will be terminated. An employer can decide not to hire someone based on refusal of a drug […]
DOL releases guidance on mental health accommodations for Mental Health Awareness Month

Excerpted from a Phelps Dunbar LLP Blog by Mark Fijman Mental health issues, such as depression, anxiety and post-traumatic stress disorder are covered under both the Americans with Disabilities Act (ADA) and […]
At a glance: hiring employees in USA

Excerpted from a Morgan Lewis Blog by Claire M. Lesikar and Michael D. Schlemmer Background checks Are there any restrictions or prohibitions against background checks on applicants? Does it make […]