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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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Part 5: Comments on Testing by Dr. R.P. Ascano

Many examining psychologists are not aware of the existence of 29 CFR § 1630.13, titled “Prohibited medical examinations and inquiries.”  Even more importantly, section 1630.10, “Qualification standards, tests, and other selection criteria,” discusses the types of tests that can be used. 

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Short-Term Mission Trip Insurance — Who Needs It?

If your ministry is planning a short-term mission trip, such as a spring break construction project, the insurance issues can be confusing. Does everyone have health insurance? Will it cover health issues that occur overseas? Will it cover emergencies like medical evacuation? Do people have auto insurance? Will that cover them overseas if they are driving? What if they are passengers?

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Part 7: More About Social Media Screening

social networkingSometimes it’s surprising how many ways there are for an employer to get in trouble. You raised questions about outside screening, and about timing with the interview. It may seem unjust that you can get in trouble for looking at someone’s public profiles, but ... 

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Initial Concerns in Setting up an Investigation

InvestigatorA good investigation requires many complex skills that include managing the investigation, doing interviews, and making credibility determinations. A credibility determination requires the investigative team to analyze the facts and decide the truth of the matter, sometimes with conflicting evidence. The investigation must be done skillfully and must consider legal issues.

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