Medical Marijuana in the Workplace

In the past my articles have centered around industry issues and identity theft. I just came across this article on Yahoo and thought it was very interesting. I think this type of case could make it to the U.S. Supreme court as it could have ADA and possible EEOC implications. Obviously, drug screening and substance abuse testing in the workplace is a hot issue today and certainly a service offered by employeescreenIQ. My passion for this particular issue could be argued on both sides. I am a strong supporter for substance abuse testing in the workplace but also understand and support the Americans with Disabilities Act. I am not sure where this one will go, but it will be an interesting ride nonetheless.

Medical Marijuana users can be fired: California Supreme Court



By Adam Tanner Thu Jan 24, 6:14 PM ET

SAN FRANCISCO (Reuters) - Companies can fire employees who use marijuana for medical reasons even if California law allows such use because federal law prohibits it, the state's Supreme Court ruled on Thursday.

"Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions," Justice Kathryn Werdegar wrote.

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Retail Theft Study on Employment Screening

This is about a month old now, but an old friend from SHRM passed this study on Employment Screening in the retail sector which was published in Loss Preventation Magazine. See some key findings below:

The purpose of the survey was to benchmark large retailers’ current pre-employment screening programs. The survey was sent to the most senior-level loss prevention executive in ten leading U.S. retailers. The surveyed retailers ranged in store count from 250 to over 3,000 locations and included both hardline and softline retailers. The survey focused on five types of screening processes—drug testing, assessments, credit checks, criminal history, and motor vehicle checks. The scope of the survey included store, distribution centers, and corporate levels at each retail company. The survey was conducted in March, 2007.
The survey did not attempt to evaluate the ROI from a pre-employment background screening program. While this is outside the scope of this survey, many retail companies have an internal ROI process measuring programs such a pre-employment screening.
The chart below is a summary of the responses to the five primary questions. Conducting an assessment is clearly the most common pre-employment screening method employed, followed by conducting a criminal background check.

Screening Type: Store Distribution Center Corporate
Drug Screen 50% 60% 40%
Assessment 90% 40% 40%
Credit Check 0% 0% 33%
Criminal Background Check 70% 80% 70%
Motor Vehicle Record Check 0% 60% 40%

I am a little surprised that assessments beat out criminal background checks at the store level, but given the cost structure of screening tactics perhaps it makes sense. Also, I'm surprised that the Substance Abuse Screening levels and use of Criminal Background Checks vary from Store, to Distribution Center, to Corporate. I would think that if these things were important at one level, they would be important at all.

Hiring a Celebrity: Don't Forget the Background Check

As posted on Xtra Cheezhead earlier this week.

Okay, so Michael Vick, former quarterback of the Atlanta Falcons sends you his resume to become your next Latex Salesman (I finally get to use a Seinfeld reference). Let’s say you have been living under a rock for the last few years and you don’t know who he is. You decide to conduct a background check. What will you find? That all depends on where you look. Up until last week, the only charges filed against Vick related to his involvement in a dog fighting ring were in Federal Court. He has pleaded guilty, so let’s say for the sake of argument that the Federal Court has appropriately updated their system. In order to find this conviction, you would have had to conduct a Federal District Criminal Search. A County Court Record Search would not identify this particular conviction. Now, separate charges have since been filed in Surrey County, VA. A conviction has not occurred so while you might be able to find the charges by performing a County Criminal Record Search in Surry County, you would just see a pending case. In most states you can use a pending case in the hiring decision. In some states, you cannot (another topic for another post).

The view the rest of this post, please click on the link below.
http://www.cheezhead.com/xtra/2007/10/01/celebrity-hires-provide-lessons-in-background-checks/

Substance Abuse in The Workplace

Check out the findings of this study on Substance Abuse in the Workplace just released by the U.S. Substance Abuse and Mental Health Administration. The study concluded that 1 in 12 U.S. workers have used illegal drugs within the last month. It would only stand to reason then that a portion of these people are using these drugs at work, which can put employers at significant risk.

Employers should take this study to heart. While many require substance abuse screening prior to employment, it is important to develop a program for random testing throughout the year. Post accident testing is also a good idea for employers.