May 2007

Beware of Significant Litigation Risk

By William C. Martucci and Kristen A. Page

Pre-employment testing has always been risky business, but a recent high-dollar jury verdict has sharpened the focus on such testing. In the latter months of 2006, the Eighth U.S. Circuit Court of Appeals considered and affirmed a $3.4 million verdict in favor of the Equal Employment Opportunity Commission (EEOC) in a case involving an employer’s efforts to reduce workplace injuries through pre-employment testing.

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