Legal Considerations & Ethical Considerations in the Charlotte, NC Workplace
There are various legal and ethical considerations that need to be made when an employer thinks about implementing employee testing policies in Charlotte, NC. Firstly, the employer should seek legal advice from a Charlotte North Carolina Attorney to ensure that the proposed policy or policies will not violate any employment laws; each state has their own regulations depending on the need and demographics of that state. The present day workforce includes a diverse working environment that brings together employees of different cultures, and genders; along with employees taking on non-traditional workplace roles. Furthermore, implementing a written employee testing policy with the purpose of outlining why, when, and how the policy or policies will be executed is critical to every employer’s success.
Drug Testing
According to North Carolina law, employers are not legally obligated to perform drug testing, but the employer does have the right to carry out the testing (NC Labor, 2004). However, drug testing is mandatory for contractors and grantees of federal agencies which are declared in the Drug-Free Workplace Act of 1988 (Moeckel, J, 2008). Drug testing in a Charlotte, NC business can be administered under the following conditions:
I. An employee(s) will need to complete a pre-employment drug test as a preliminary qualification; once employed, drug testing can be conducted randomly, with reasonable suspicion, and post-accident instances.
II. Companies can implement a zero tolerance rule for employees found in possession, storage or use any illegal narcotic on the premises.
III. Many companies can administer monthly mandatory testing for employees (this is common for drivers, and heavy equipment operators).
Height and Weight Testing
Height and weight testing will be provided for the applicable job classification(s). If you believe that an employer in Charlotte, NC is unreasonably requesting this information, you should consult the advice of a Charlotte, NC Attorney. An example of legal height and weight testing would be when Male and female employers, and canidates will need to successfully past all sections of the exam for consideration of employment or promotion. Requirements are Job Specific and applicable to one’s ability to perform in the desired job position; male and female applicants should be tested and graded equally.
An example of general requirements in a job at a delivery company could be as follows:
I. Minimum Height 5feet 1inches - Maximum Height 6 feet 4 inches.
II. Minimum Weight 125 pounds - Maximum Weight 350 pounds.
III. Ability to lift 50 pounds.
Personality and Aptitude testing
Most employers reserve the right to administer personality and aptitude testing for all employees receiving/pursuing promotions. These legal testing methods may come in the form of interviews, written exams, or interaction and observation.
If you believe that any of the testing that you experienced was out of line, you may be right. Contact an attorney in Charlotte, NC and ask for a free phone consultation to get a better evaluation of your legal rights.
References
Moeckel, Jennifer. (2008). Drug and alcohol policies and testing. Retreived
September 21, 2009 from http://www.dmb.com
NC Labor. (2004). Frequently asked questions. Retrieved September 21, 2009 from
http://www.nclabor.com
