Workplace Personality Tests: Legal and Practical Essentials for Safe Hiring
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In HR, we hear horror stories about employees who looked good on paper, but later turned out to be disastrous hires. So we stare at the hundreds of applications for an open position, trying to avoid hiring a “Negative Nelly” or a “Pass the Buck Chuck.” Or worse.
A pre-hire personality test can help to see if a potential new hire is the right “fit” for your organization. In fact, 7 in 10 applicants nationwide now take some kind of personality test as part of the hiring process. That’s up from 3 in 10 just five years ago. Applicants are tested on everything from work style to personal temperament and fit with company culture and are used by major corporations such as McDonald’s, Lowe’s and Radio Shack.
But personality tests can be a legal minefield if the employer isn't careful and vigilant. The EEOC has been investigating complaints against major brands, including Kroger and Home Depot, claiming that tests discriminate against certain applicants. And in August 2015, Target Corporation settled a claim for $2.8 million because its employment screening personality tests resulted in disproportionate screening in violation of Title VII and one of the tests violated the ADA.
So do the benefits outweigh the risks? What legal liability do you open your company up to, and how can you reduce it? Join us to learn the pros and cons of workplace personality testing and strategies for ensuring that your testing practices are legal.
About Your Presenter
- Why there’s been a surge in the use of workplace personality testing and how employers are using the data
- The types of tests used most often, and what they are meant to assess
- Whether your company really needs to administer personality tests.
- When is the ideal time during the hiring process to test: at initial screening, at a final round, or after a job offer
- What happens when someone with a protected disability takes a personality test as a condition of employment
- Potential legal ramifications of using workplace personality tests, and the most dangerous kinds of questions to steer clear of
- The EEOC’s position on workplace personality testing, and lessons from cases currently under review
- How to best protect yourself from potential testing missteps
Documentation you should use and areas of potential errors
- Legal changes on the horizon
- And much more!
Fisher & Phillips LLP
Jason Brown focuses on litigation prevention and litigation defense, as well as generally advising management and human resources professional on legal workplace risks and compliance. Mr. Brown’s practice includes drafting handbooks, overseeing severance agreements and employee separation, overseeing employment agreements and employee hiring, advising on new policies and legislation, representing companies in defending against employee compensation disputes from single plaintiff labor board filings to larger class action and representative suits. Mr. Brown provides counseling on preventing and defending against sexual harassment, wrongful termination, and retaliation lawsuits, advice and representation for administrative hearings, EEOC investigations, and generally provides HR counseling on a general or project basis.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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||BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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