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WOLFEWATCH E-Newsletter

WOLFEWATCH is a monthly e-newsletter that allows us to communicate with you on the latest news. If you are interested in receiving our e-newsletter be sure to subscribe below in our footer. Also, feel free to view our archives by month or category, make comments to our posts, and utilize the search feature to your right when you are looking for something more specific.

 

Senate and House Appropriations Bills take opposite positions on new EEOC guidance

On the subject of the new Enforcement Guidance on the use of arrest and conviction records, the US Senate and the House of Representatives are taking opposite positions.

The U.S. House of Representatives passed H.R. 5326 that provides funding for several agencies including the Department of Justice, the Commerce Department, several science agencies, and the Equal Employment Opportunity Commission (EEOC).

The Senate’s appropriations bill has been passed by the Appropriations Committee and will now be voted on by the entire Senate.

The House bill includes funding for the EEOC but also contains amendments blocking the EEOC from implementing, administering or enforcing the new guidance on the use of criminal histories in employment decisions. The new Senate bill does not have similar amendments.

Once the full Senate passes its appropriations bill, the two bills will go to a reconciliation committee to resolve any differences.

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EEOC issues new guidelines on background checks

The following is a guest post from Tommy Eden. Tommy Eden is a management labor attorney with Capell & Howard, P.C. and a member of the ABA Section of Labor and Employment Law.

On April 25, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on the use of criminal background checks in employment, effective immediately.
Here are the basics:

How targeted criminal screens may satisfy business necessity

An employer may satisfy its new Title VII obligations by using an internal policy if it is “narrowly tailored” so that it has as a “demonstrably tight nexus to the position in question.” This is typically considered a “business neccessity” policy. The guidance refers to “targeted screens” that are based on the “Green factors” such as: 1) the nature of the crime, 2) the time elapsed, and 3) the nature of the job.

The guidance prefers that a targeted screen be accompanied by notice to the individual under scrutiny and an individualized assessment of the individual and the crime and the position in question. An individualized assessment would allow the applicant or employee to explain the circumstances of the conviction. Possible topics of consideration in an individualized assessment could include:

» The facts and circumstances surrounding the offense or conduct;

» Evidence that the individual performed the same type of work, post-conviction, with the same or different employer, with no known incidents of criminal conduct; and

» Employment or character references and other information regarding the individual’s fitness for the particular position.

Arrest record may not be enough to deny employment

Under the guidance, individuals are “presumed innocent unless proven guilty.” The guidance specifically states that an “arrest record standing alone may not be used to deny an employment opportunity.” However, an employer is allowed to make an employment decision based on the conduct underlying the arrest if the individual would be unfit for the position because of the conduct.

Federal prohibitions or restrictions still apply

The guidance notes federal laws and regulations prohibit the employment of persons with records of certain crimes in particular positions, e.g., child care workers in federal agencies and bank workers. It finds that Title VII does not preempt these federally imposed restrictions. However, state and local restrictions are not recognized,and an employer must demonstrate that its policy is job-related and consistent with business necessity based on the Green factors.

As a “best practice,” the guidance encourages employers not to ask applicants about their criminal records.

Common Sense Counsel

Taking the following steps will help keep employers off the EEOC radar: 1) adopt a written criminal background check policy in line with the EEOC guidance, 2) revise your employment application on criminal convictions, 3) revise your job descriptions so that demonstrated honesty and integrity are essential job functions, and 4) train your hiring managers on how to conduct an interactive individualized assessment.

You can contact Tommy Eden at tme@chlaw.com or 334-501-1540 or request a policy review.

 

 

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To Prevent Good Drug Testing Results From Going Bad – The Role of the Medical Review Officer

Employers who support a Drug-Free Workplace do much more than just protect their tangible business assets. They also demonstrate to employees a commitment to improved workplace safety and their support of a culture where the security and good health of workers is valued.

Successful drug–free programs encourage worker participation through education and training. The rights of employees and employers are respected and protected. Assistance may be available to those who test positive; disciplinary action up to and including termination may apply to others. Violators in DOT-regulated industries can permanently lose the ability to perform their safety-sensitive job.

With so much at stake, it is vitally important to avoid the risk of wrongful termination and defamation claims due to false-positive drug tests. A simple layer of defense will ensure consistent reporting and offer donors the opportunity to discuss a positive, invalid, substituted, or adulterated test result with an impartial expert; the certified Medical Review Officer (MRO).

Consider this scenario: You are involved in a workplace accident that requires drug testing. After being escorted to the testing site to provide a specimen, you are later advised that your drug test result is positive and to pack up your belongings. But, you are NOT a drug user! What happens now? What steps are required to contest the positive result? How do I save my job and my reputation?

Without medical review, employers must direct all conversation between parties and interpret possible medical explanations unaided. The decision to take action based upon a positive lab test is yours alone. You hold the bag, so to speak.

With medical review, an impartial licensed physician with in-depth knowledge of alternative medical explanations will contact the donor and conduct a verification interview. The MRO offers the donor an opportunity to present a legitimate medical explanation for the laboratory findings.

The MRO then evaluates the drug test result in the context of information provided in the donor interview. For the explanation to be accepted, the donor must also provide valid supporting documentation. If an explanation for a non-negative result is acceptable and supported by documentation, the MRO must verify the result as negative. If an explanation or documentation is determined as inacceptable, the MRO reports a final test result of positive from which employers may take action. The MRO delivers consistent “Peace of Mind.”

Equally important; should a donor wish to dispute the final, reported positive test or any aspect of the drug testing process, it is the function of the MRO to oversee specimen retesting and any follow-up. In this way, the MRO serves as an independent program “gatekeeper” to oversee and advocate for accuracy and integrity in all areas of the testing process. Medical Review contributes greatly to the overall success of any testing program by granting fairness to the donor.

The MRO must also be and remain knowledgeable about applicable rules; including DOT Part 40, MRO guidelines, and regulations that affect organizations for whom the MRO evaluates drug tests. We strongly recommend Medical Review to all employers who administer Drug-Free Workplace Programs. MRO is a required program component of industries regulated by the US Department of Transportation (DOT).

Learn how to cost-effectively add a Medical Review Officer option into your existing Drug-Free Workplace Program.

We deliver peace of mind.

Wolfe Business Relationship Team

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EEOC to release new guidance on Use of Criminal Histories and Credit Checks

The EEOC is about to release new guidance on the use of Criminal Histories and Credit Checks as part of the hiring process. States and local governments also are targeting aspects of the hiring process. For example, several states are focusing on questions about prior criminal history on applications. These often are referred to as “Ban the Box” initiatives.Several state and federal court cases resulted in multi-million dollar settlements related to the use of credit checks. The recent Pepsi settlement for $3.13 million was related to the use of criminal background histories.

It is best practice to review your Background Screening Policies and Procedures regularly. You can start by:

Call our Business Relationship team at 1.800.230.2991 to discuss how we can help you start or maintain a compliant background checking process.

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Make Sure your Criminal Background Check Policy is Compliant with this recent EEOC Discrimination Settlement

In January, the EEOC announced a settlement with Pepsi for a claim of discrimination due to Pepsi’s former criminal background screening policy. That policy included:

  • Not hiring job applicants for a permanent job who had been arrested pending prosecution even if they had never been convicted of any offense.
  • Denying employment to applicants from employment who had been arrested or convicted of certain minor offenses.

The policy’s impact was primarily felt by black applicants, thus the EEOC complaint and resulting settlement.

“When employers contemplate instituting a background check policy, the EEOC recommends that they take into consideration the nature and gravity of the offense, the time that has passed since the conviction and/or completion of the sentence, and the nature of the job sought in order to be sure that the exclusion is important for the particular position.  Such exclusions can create an adverse impact based on race in violation of Title VII,” said Julie Schmid, Acting Director of the EEOC’s Minneapolis Area Office. “We hope that employers with unnecessarily broad criminal background check policies take note of this agreement and reassess their policies to ensure compliance with Title VII.”

You can read the complete announcement here.

If you have a question about your background screening policy please contact us and we will be happy to help. You can start the process by filling out a Policy Development Worksheet or calling us at 1.800.230.2991.

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Wolfe, Inc. is attending the 2012 DATIA Annual Conference, April 18th and 19th in San Antonio, TX

Wolfe, Inc. will be attending the DATIA 2012 Annual Conference in San Antonio, TX. The conference dates are April 18th and 19th. Please click here for more information on the Annual Conference for DATIA. If you are attending, please stop by and visit us at Booth # 118.

Posted in Background Screening, Instant Drug Testing, Lab Services | Tagged | Leave a comment

Workplace Protection is an attitude…

Workplace Protection

Workplace Protection is an attitude; a choice made by employers to encourage success. Policies establish a framework and communicate values that define a corporate culture of safety-first while protecting rights and property. Our mission is a continuing commitment to you, our Valued Customer, to deliver peace of mind through hassle-free workplace protection solutions, customized to fit your requirements.

To serve you better we are:

Listening Carefully

Our simple, 2-question customer service survey gives you the opportunity to tell us how we can better serve your needs. We are listening carefully and acting quickly on your feedback. This on-going, quick survey enables us to see our business from your perspective and take action on the concerns you bring to our attention. You can take this short survey here.

Providing Access to Expertise

Employment law is constantly changing as states pass new regulations; courts interpret the meaning of existing laws and set new precedents for applying them.

Tommy Eden is a management labor attorney with thirty years of experience working on policy development in drug and alcohol testing and background screening across the country, covering all state laws and federal compliance issues. Tommy is a current SAPAA board member (Substance Abuse Program Administrators Association).

Whether your programs have been implemented recently or have been operational for many years, WOLFE recommends a thorough policy review to make sure your program continues to meet all legal compliance requirements, protects your organization against liability, and provides every available tool you need to maintain a safe, drug-free workplace.

You can start the process by filling out a Policy Development Worksheet or calling us at 1.800.230.2991.

Rewarding Loyal Customers

We value our relationship with you and appreciate your loyalty.

Our loyalty program rewards our clients for passing our information on to business associates and friends who might need our workplace protection services. The program provides the same rewards to the people you refer to WOLFE.

Our Business Relationship representatives make the referral process easy for you, contact them at 1.800.230.2991 or click Loyalty Program details to learn more.

We at WOLFE sincerely wish you a safe and prosperous 2012.

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WOLFE’s recently introduced oral fluid collector

WOLFEs recently introduced oral fluid collector and breakthrough screening technology perform exceptionally well in studies

A seven-month comparison study has found that the recently introduced WOLFE RealityCHECK Premium Oral Fluid Collector and new screening technology has outperformed a leading competitor in performance and cost savings.

In our study case:

•  A large drug testing customer used the new WOLFE collector to obtain oral fluid samples at a portion of its locations. The customer used the competitor’s collector to obtain oral fluid samples at another group of locations.

•  Keystone Laboratory screened the samples from the first group using WOLFE’s breakthrough assay technology.

•  The competitor’s laboratory screened the samples from the second group using conventional screening technology.

Results, estimates and expectations:

•  Higher confirmed positives - The locations using the WOLFE collector and screening technology produced confirmed positive results at a rate of 138 percent higher than those using the competitor’s collector and screening technology.

•  Significant estimated savings – WOLFE estimates that this higher positive rate could lead to savings of $95 per tested employee. This is based upon an expectation of lower recruiting expenses, reduced adverse employee action costs, and lower training costs. Additionally, the higher positive rate could help an organization achieve even higher savings by avoiding serious accidents and poor customer service.

•  Better efficiency – WOLFE also expects such results to improve an organization’s efficiency by helping to reduce turnover, leave fewer positions unfilled during recruiting, and cut substance abuse-related absenteeism.

•  Results may vary based on the specifics of an organization’s drug testing program.

The results of this comparative study build upon an already strong case for using the WOLFE RealityCHECK Premium Oral Fluid Collector and screening technology. The industry consensus is that:

•  Oral fluid is better than urine for drug testing because it is easier to collect in any environment.

•  Oral fluid is more difficult to adulterate and allows for 100-percent observed collections without regard to gender.

•  Results from oral fluid are a strong indicator of recent use.

•  WOLFE’s collector uses a neat oral fluid sample, considered by SAMHSA’s draft guidelines to be the best method for oral fluid collection.

•  WOLFE uses breakthrough laboratory assay technology that provides for better accuracy and sensitivity when compared to conventional methods. (For example, cut-off levels for amphetamines are up to six times lower than the leading alternative and meet current SAMHSA recommended cut-off levels.)

•  WOLFE’s assay system includes a new specific screen for MDMA (ecstasy).

•  WOLFE’s new oral fluid collector eliminates the problem of insufficient donor samples resulting in repeat collections.

•  The new system is highly automated, improving turnaround times for result reporting.

If you would like to talk to one of our Workplace Protection Specialists about oral fluid collection and lab testing, and how you can improve your drug-free workplace program using the WOLFE RealityCHECK Premium Oral Fluid Collector and screening technology, contact WOLFE at 1-800-230-2991.

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WOLFE, Inc. Press Release: WOLFE, Inc. Launches New Website Featuring Instant Drug Testing Kits, Lab Services & Background Screening Programs

FOR IMMEDIATE RELEASE

December 20, 2010

WOLFE, Inc. Launches New Website Featuring Instant Drug Testing Kits, Lab Services and Background Screening Programs

Asheville, NC – WOLFE, Inc. is a nationally recognized drug testing and background screening company with an outstanding reputation for managing employment screening programs. WOLFE has been providing employers with workplace protection solutions for nearly 30 years. Helping businesses understand the regulations and new developments regarding employee drug testing and background checks is WOLFE’s goal. To assist them, WOLFE, Inc. has launched a new educational website: www.WolfeInc.com.

Visitors can learn about WOLFE, Inc.’s instant drug testing products, lab services, background screening, and program management. They can access information about compliance standards, drug testing news, employment screening policies, industry innovations and more on the new WOLFE, Inc. blog, home of the WOLFEWATCH newsletter. Designed for ease-of-use, the new website enables clients to manage their accounts quickly and easily and prospective customers to explore the opportunities WOLFE, Inc. offers.

WOLFE’s interactive questionnaires allow visitors to communicate their needs and challenges to our Workplace Protection Advisors via the website. Using this information, they can quickly customize and propose solutions. The new website is home to interactive forms addressing Lab Services, Instant Drug Testing and Background Screening services.

WOLFE, Inc. has also developed a strong business-to-business social media presence in order to make it easier for businesses to connect with their Workplace Protection experts. Follow @WOLFETweets on Twitter or the company WOLFE, Inc. on LinkedIn. Existing and new customers can stay updated on company and industry news on Twitter, and contact the appropriate staff member via LinkedIn to request information about products, services and programs.

“In the workplaces of the real world, we understand the importance of providing the most complete and cost-effective substance abuse testing programs and background screening services available to employers,” states CEO and owner Jim Wolfe. “We have created a variety of new online tools to help businesses of all sizes achieve their Workplace Protection goals,” he continues. 

WOLFE, Inc. partners with several SAMHSA and CAP accredited forensic laboratories providing fast, accurate test results. WOLFE is an experienced leader in the drug and alcohol testing industry and credited as a premier provider for employee drug and background screening services. WOLFE is also home to RealityCHECK™ instant drug testing products and provides various drug testing kits nationwide. For more information visit the new website at www.WolfeInc.com.

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WOLFEWATCH Alert! DEA Bans K2, Spice, Synthetic Cannabinoids

On Wednesday, K2 and other synthetic cannabinoids were banned by the DEA using its emergency powers.

For at least one year it will be illegal to possess or sell the five chemicals used to make the products. The agency and the Department of Health and Human Services will determine whether the chemicals should be permanently added to the federal list of controlled substances considered unsafe, highly abused and without medical use.

Poison control centers around the country have been reporting more incidents involving K2/Spice this year. Patients often have a rapid heart rate, dangerously high blood pressure and sometimes hallucinations or paranoia.

You can read more about these substances in our November and April articles. Contact our sales team to find out about testing for these now banned substances.

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