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Questions and Questionnaires, Part 2

In Part Two of the thread on Questions and Questionnaires, Theresa Sidebotham gives an overview of whether certain types of questions in employment pre-screening for missions are likely to implicate legal issues.

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Can You Fire an Employee who Refuses to Participate in an Internal Investigation? The 2nd Circuit Says Yes.

When an employee is accused of misconduct, particularly when those allegations are criminal in nature, conducting an internal investigation is a best practice. But what is an organization to do when the alleged offender refuses to show up for an interview? May it go so far as to fire the employee, even if that means the employee loses out on benefits or other compensation? A recent case from the Second Circuit Court of Appeals says it can.

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Part 6: Legal Problems with Pre-Employment Evaluations

There has been a lot of back and forth about how the mission must take care during prefield screening not to run afoul of the ADA. I agree. Under the ADA, before you can give an applicant a “medical examination,” which includes most psychological screenings, you have to first consider all the non-medical information and hand out a conditional offer.

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Legal Concerns Across Multiple Jurisdictions

Sometimes an organization may be in a situation where the laws of more than one jurisdiction may apply or do apply. Cross-border issues are complex, and sometimes the law of different jurisdictions creates contradictions. Questions may arise in the following areas as well as others.

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Privacy Law- How it Affects Your Organisation

Privacy law in Europe (also known as data protection law) became an important issue for organisations both in and outside Europe in about 2000 when tough rules around use of ‘data’ were introduced. The need for the law was attributed to the explosion in generation and use of data as a result of the advancement of the electronic age.

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