| Summary: A forklift struck a steel beam, causing damage to the equipment at a company located in Marysville, OH. The one assigned forklift driver claimed that she had gone to the bathroom and left the key with the forklift. The assigned forklift driver's co-worker, and close friend, stated that she had taken the forklift and was the one responsible for striking the beam.
By company rules, an accident of this nature justifies requiring a drug test. The assigned forklift driver, who had claimed she was not the individual driving at the time of the accident, refused. The employer afforded the employee a few additional days to reconsider, but ultimately, she did not submit to the test and she was terminated.
Contending that the employer only had the right to test one employee, the terminated worker filed a grievance. The case went to arbitration and it was determined that the employer was justified in terminating the employee. In assessing the facts, the arbitrator surmised that the employer's suspicions were reasonable and therefore requiring a drug test from each employee was justified. Due to the nature of the environment, this decision was arrived at by the employer to serve the best interests of his staff’s safety.
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| Impact(s): Drug testing compliance – for legal review |
| Summary: The City of Waterloo enacted the state's first ban the box legislation, effective July 1, 2020. The Ordinance will prohibit an employer from inquiring, or requiring any person to disclose, any convictions, arrests, or pending criminal charges during the application process. On January 2, 2020, the Association of Business and Industry (ABI) filed a petition for declaratory and injunctive relief to try to block the ordinance from taking effect citing violation of Iowa Code 364.3 that prohibits a city from adopting terms or conditions of employment that conflict with state or federal law. The court sided with the City stating that the ordinance was about civil rights just as much as it was about businesses' hiring practices and that cities are allowed to pass ordinances aimed at civil rights issues.
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| Impact(s): Waterloo, IA employers |
