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Legal Implications Of Testing Job Applicants

Date: Recorded
Employers seeking to make hiring, promotion, and other selection decisions based on merit or minimum qualification requirements frequently use tests to establish a list of eligible candidates or to assess particular skills or aptitudes.

These tests, which include cognitive tests, physical ability tests, personality tests, and drug tests are prone to disparate impact challenges, and mistakes can cost companies millions of dollars.

For the past few years, as the federal government has focused its attention on systemic discrimination, it has launched numerous investigations into employee-selection processes, including employment tests, background checks, and drug testing. So-called "honesty tests" will also be discussed.

This webinar helps human resource managers, personnel managers, benefits and payroll professionals, corporate executives, and attorneys understand the continually-evolving law governing tests and personnel-selection procedures. The presenters will explain how to recognize and correct common deficiencies that trigger government investigations and escalate damage claims. The webinar will also provide practical guidance on changing policies and procedures to help companies select the best job applicants and improve the quality of the workforce.

Agenda

The Law Regarding Testing and Selection Procedures
  • Relevant Statutory Provisions
  • Allocation of Proof
  • Current Legal Landscape
The Proper Validation and Use of Employment Tests and Selection Procedures
  • Proper Validation
  • Transportability
  • Making Changes Without Triggering Liability
  • Search for Less Adverse Alternatives
Physical Ability Tests
Personality Tests
Honesty Tests
Performance Reviews
  • Performance Reviews Are Tests
  • Do's and Don'ts of Performance Reviews
Drug Tests and Background Checks
  • EEOC Setbacks
  • Common Mistakes to Avoid
About The Presenters

R. Lawrence Ashe, Jr.
  • Senior counsel, Parker Hudson Rainer & Dobbs LLP
  • Recipient of the Anti-Defamation League’s first Judge Elbert Tuttle Distinguished Jurisprudence Award in 1998, elected to its Southeastern Regional Board in 2009, inducted as a fellow into both the American College of Trial Lawyers and the College of Labor and Employment Lawyers, and founding director and executive committee member of the American Employment Law Council
  • Nationally recognized for his class-action and test validation expertise, and acclaimed by the National Law Journal as the Dean of the Management Class Action Bar
  • Co-wrote "Scored Tests" chapter of Schlei & Grossman, Employment Discrimination Law (BNA, 1976), the 1983 Second Edition, the 1995 Third Edition, the 2007 Fourth Edition and all but one supplement, and of the amicus curia brief filed with U.S. Supreme Court by the Executive Committee of Division 14 of the American Psychological Association in Washington v. Davis, 423 U.S. 820 (1976); co-wrote with Ginger McRae of "Performance Evaluations go to Court in the 1980's" in Mercer Law Review
Paul R. Barsness
  • Associate at Parker Hudson Rainer & Dobbs LLP
  • Represents local governments and workforce management companies in litigation and subpoena enforcement actions involving the use of employment tests and personnel selection procedures
  • Wrote several publications and presentations related to the topics of testing and personnel selection, including Assessing the Legal Risks of Your Assessments, The 28th Annual Conference of the Society for Industrial and Organizational Psychology, Houston, TX, April 11-13, 2013; Presenting Statistical Evidence in Disparate Treatment Cases (co-wrote), 2012; The Future Of Employment Class Actions After Wal-Mart Stores, Inc. v. Dukes (co-wrote), 2011; Edison Electric Institute 2011 Conference on Testing - Building Relationships: The Big Picture in the Big Easy, May 2011 - Legal Updates
  • Received Scholarship and Leadership award from the American Bar Association and American Law Institute
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Legal Implications Of Testing Job Applicants
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