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EMPLOYMENT LAW GUIDE: - page 52 / 134





52 / 134

The use of tests to measure the qualifications of applicants is, generally speaking, a

valid employment practice. Employers who utilize tests, however, should be aware of the

potential legal ramifications of such use. Drug tests are not considered medical exams.

Under appropriate circumstances, drug tests can be used during the hiring process. Tests to

measure or define an applicant’s personality traits, including honesty and motivation,

generally are not medical exams. However, certain other psychological testing may reveal

mental disabilities and can be considered medical exams.


Employment Eligibility Verification

The Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a(b),

requires that employers verify the identity and employment eligibility of anyone hired after

November 6, 1986 to perform labor or services in return for wages, by completing and

retaining a Form I-9 regarding each such person.

An employee must provide the information required on the Form I-9 and sign and

date the Form I-9 at the actual commencement of employment. Employers are responsible

for reviewing and ensuring that employees fully and properly complete Section I. Proper

completion of Section I is imperative because even if a person is legally authorized to be

employed in the United States, an employer may still be charged with a paperwork violation

if the Form I-9 is either not completed or completed incorrectly. Due to the penalties

imposed for employing a person who is not authorized to work in the United States, it is

important for an employer to establish a tickler system to monitor the expirations of

employment authorizations. An employer must retain the Form I-9 throughout the period of

employment plus one year, or for three years after the date on which employment begins,

whichever is longer.


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