In doing, we learn.

The MBI Worldwide team has just returned from the National Association of Professional Background Screeners and the Drug and Alcohol Testing Industry Association Conferences. By attending NAPBS, MBI can keep you up-to-date on the latest regulation changes. The EEOC plans to map-out use and restrictions on employers. They will define “expected” parameters on how a criminal history can be used when making decisions for employment. At DATIA, we were able to learn about the latest products and chances within the drug and alcohol industry. Employers want to insure now more than ever, that the employees they are hiring fit the position and are not a risk to the company. MBI will keep you updated on any changes that develop.

Until then, if you have questions please feel free to contact us at (866)275-4624.

Jolene Chullen
MBI Worldwide

Inside This Issue:

Human Resource Articles of Interest:

Background Screening Articles:

• Though Not Yet Banned, Requiring Social Media Information Is a Bad Idea
• Consistent Application of Zero Tolerance Drug Policy Trumps Wrongful Termination Claim

HUMAN RESOURCE ARTICLES OF INTEREST

Break Leadership Barriers by Embracing 'Agile Learners'

With a global recession not quite yet in the rearview mirror, deep political instability and the ongoing European debt crisis, the most successful business leaders today are those who relish uncertainty and shine amid great complexity. Such leaders tend to be in short supply, however.

We all know leaders who are charismatic and intelligent. But these traits carry one only so far. Truly great leaders today must also be "agile learners," capable of building on their past experiences and applying the lessons they've learned to solve new problems faster and better.

This ability, called learning agility, has emerged as the single best predictor of future leadership success. My firm estimates that fewer than 5% of all corporate recruits, employees and leaders are adept agile learners.

Why is learning agility at such a premium? The answer lies in the fast-changing nature of global markets and product lines and the increasing speed of business and commerce. People, who fail to learn, adapt and change can become obsolete as fast as eight-track tape players, film cameras and typewriters.

Sir Richard Branson, founder of the Virgin Group, is one of the best examples of an agile leader. Branson went from running a record store in a church crypt to leading one of the world's largest airline and entertainment conglomerates. He's even launched the world's first commercial space travel company.

To read more click here

BACKGROUND SCREENING NEWS

Though Not Yet Banned, Requiring Social Media Information Is a Bad Idea

Employers continue to wrestle with the issue of whether to require employees and prospective employees to divulge their social media passwords. Some critics of the practice, including Owen Kerr of GeorgeWashingtonUniversityLawSchool, have asserted that surrendering a Facebook password is like handing over a key to a home.

So far, few courts have issued decisions that provide any guidance about the legality of seeking social media login information from employees or prospective employees. In Pietrylo v. Hillstone Restaurant Group, 2009 U.S. Dist. LEXIS 88702 (D.N.J. Sept. 25, 2009), a federal trial court case in New Jersey, the plaintiffs were restaurant employees who belonged to a chat group. Access to that group required an invitation and then a member's MySpace account and password. One of the restaurant's managers asked another restaurant employee for her login information for the chat group, which the employee provided. The plaintiffs brought a civil suit against the restaurant, claiming (among other things) that the managers had violated the Stored Communications Act (SCA). The jury found in favor of the plaintiffs and awarded them, collectively, $3,403 in compensatory and punitive damages.

California, Ilinois, Maryland and New Jersey have active legislative efforts to regulate employers' collection and use of login information regarding social media sites and federal law may follow. In the meantime, however, the practice currently is not prohibited. Even so, employers should refrain from doing so.

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Consistent Application of Zero Tolerance Drug Policy Trumps Wrongful Termination Claim

In the summer of 2000, Martin, an Assistant Manager was promoted to store manager on the recommendation of his supervisor, John Ferry. That same year, Martin was diagnosed with Parkinson's disease. Martin subsequently notified Ferry about the illness, and was advised to keep his illness "hush, hush." Thus, Martin never mentioned his illness to any other members of Quick Chek's management team, including Robert Grayczek, Quick Chek's VP, and Human Resources.

In March 2008, however, Martin requested and received a demotion to assistant manager because his medical condition essentially precluded him from satisfying his work obligations. On March 17, 2008, Martin injured his back at work. As a result, Martin's physician advised him to take a Darvocet without a prescription and prescribed Percocet to manage his pain.

At the time of Martin's injury, Martin took Quik Chek’s required drug test. Prior to testing Martin advised about his prescriptions as well as the Darvocet he ingested on the date of the injury. Because Martin tested positive for Darvocet without a prescription, the testing facility reported a failed drug test to Quick Chek. As a result, on March 26, 2008, Quick Chek terminated Martin's employment. Martin subsequently filed suit, alleging wrongful termination and disability discrimination under the New Jersey Law Against Discrimination ("LAD").

At his deposition, Grayczek, VP, Human Resources, testified his decision to terminate Martin was based solely on the failed drug test. Additionally, Grayczek testified that in his 13 years managing human resources, the company never made an exception to its zero-tolerance drug abuse policy.

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MBI Worldwide