The use of medical examinations for employment purposes

This article examines a number of legal issues which arise where medical examinations or tests are used in the employment context, either to test the suitability of a prospective employee in pre-employment situations or to ascertain the fitness of existing employees. Employer justifications for seeking medical information usually relate to attempts to comply with health and safety legislation and to reduce workers compensation costs. This article discusses the legal obligations involved in pre-employment medical testing and, in particular, employee obligations to provide correct information in relation to their health to a prospective employer. It also notes the consequences for employees of providing false information in relation to workers compensation claims and dismissal cases. The article notes the growing trend of requiring drug and alcohol testing for existing employees, particularly in the mining industry. The article concludes by noting that employers need to take care in seeking medical information, and that it should not simply be done as a mechanical, matter-of-course exercise. Failure to observe anti-discrimination laws may result in the employer facing allegations of misuse of medical information and claims for damages for discrimination.     

Under the radar: policing non-violent domestic abuse in the US and UK

Physical violence is but one of many tools that may be used to gain greater power within intimate relationships, yet the legal response has been critiqued for failing to recognise and respond to the full spectrum of abusive behaviours, such as coercive control. Using a sample of police officers from the United States (US) and the United Kingdom (UK), the current study utilises hypothetical vignettes to assess police officers’ perceptions of domestic abuse, including those incidents that are not necessarily physically violent, but involve stalking and other coercive, controlling behaviours that are harmful and require intervention. Within- and between-country similarities and differences were analysed. Findings revealed that the majority of officers in both countries possessed a good level of understanding of domestic abuse and how they should respond to it – amidst and beyond the physical violence. However, our analysis of both quantitative and qualitative data also showed that the use of physical violence is at the forefront of many officers’ expectations about domestic abuse, and that when physical violence is absent, the police response is less proactive. Our study finds some support for the idea that non-physical abuse does go “under the radar” to some extent for some officers, and that this is more the case for American officers than their British counterparts. Findings are discussed in terms of context of the research sites and implications for policy, practice and future research.