Case 6: Pre-Employment Screenings: What’s Appropriate? At a public library in Oregon in 2004, Janet Lanier applied for work as a library page. The job duties included such tasks as reshelving books and occasionally working a youth service desk. The library offered Lanier the job, on the condition that she first submit to drug and alcohol testing—a pre-employment requirement recently adopted by the library’s municipality. After Lanier refused to take the test, claiming it was an invasion of her privacy, the library withdrew its offer. Lanier then sued the library, alleging that a pre-employment drug and alcohol test constituted unreasonable search and seizure—a practice barred by the Fourth Amendment to the U.S. Constitution as well as the Oregon state constitution. A district court found the testing policy unconstitutional. That ruling was later reversed on appeal. However, the appellate court said jobs that keep the public safe—for example, the role of police officer—could constitutionally require pre-employment drug and alcohol testing. At the same time, the court ruled that “suspicionless” screening—that is, testing candidates where no suspicion of substance abuse exists—is not justified. Employers should keep state and federal law in mind if they contemplate imposing pre-employment drug testing on job candidates. Question As an employer, how would you handle the matter of pre-employment screening in your industry? Write at least a couple of paragraphs giving your reasoning on how you would handle the question above.
Creation Of An Agency
The term contract can be defined as an agreement which is legally binding exists between two parties. This document provides the powers & duties to be performed by both the parties to the contract. An agreement can become a contract only when it satisfies the legal requirements. Hence the parties in this contract can enter into the contract either by themselves or through a third party. The concept of agency arises if the person enters into the contract through a third party. The third party here is called as the agent & the person on whose behalf he acts is known as the principal.
Administrative Agencies
An administrative agency is a government body which is given the authority to supervise and implement certain legislative acts. Apart from the term agency, they are also referred by the names corporations, commissions; departments etc. a group of experts in their respective fields together form the administrative agency. Majority of the administrative agencies that has an impact on day to day activities are independent agencies.
Case 6: Pre-Employment Screenings: What’s Appropriate?
At a public library in Oregon in 2004, Janet Lanier applied for work as a library page. The job duties included such tasks as reshelving books and occasionally working a youth service desk. The library offered Lanier the job, on the condition that she first submit to drug and alcohol testing—a pre-employment requirement recently adopted by the library’s municipality.
After Lanier refused to take the test, claiming it was an invasion of her privacy, the library withdrew its offer. Lanier then sued the library, alleging that a pre-employment drug and alcohol test constituted unreasonable search and seizure—a practice barred by the Fourth Amendment to the U.S. Constitution as well as the Oregon state constitution.
A district court found the testing policy unconstitutional. That ruling was later reversed on appeal. However, the appellate court said jobs that keep the public safe—for example, the role of police officer—could constitutionally require pre-employment drug and alcohol testing. At the same time, the court ruled that “suspicionless” screening—that is, testing candidates where no suspicion of substance abuse exists—is not justified.
Employers should keep state and federal law in mind if they contemplate imposing pre-employment drug testing on job candidates.
Question
As an employer, how would you handle the matter of pre-employment screening in your industry?
Write at least a couple of paragraphs giving your reasoning on how you would handle the question above.
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