Legal Implications for Testing Applicants in the Workplace

Duration: 90 Minutes
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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. You will be provided with the continually-evolving law governing tests and personnel-selection procedures to help companies select the best job applicants and improve the quality of the workforce.
Employee Selection Procedures
Product ID: 505915
Objectives of the Presentation
  • The law regarding testing and selection procedures
  • The proper validation and use of employment tests and selection procedures
  • Personality tests & physical ability tests
  • Drug tests and background checks
Why Should you Attend
Employers often use, and often misuse, various tests to select among applicants for employment opportunities. Such tests can be a valuable tool, but if used without due care for the legal pitfalls, they can subject the employer to significant liability. One particularly risky, and often overlooked, issue regarding the use of tests - establishing a "cutoff score" or "pass/fail level" for the test.

The use of standardized tests creates the risk of disparate impact discrimination claims because a facially neutral test may have the effect of screening out members of a protected group to a statistically disproportionate extent. The employer can rarely predict, with any certainty, that no such statistically significant disparate impact will result from the use of any particular test (although it is often easy to predict that a disparate impact will result, as in the use of physical strength or agility tests, which routinely have a disparate impact on female applicants). Therefore, the wise employer will take steps to ensure that any tests it uses are consistent with business necessity. The process of establishing this relationship between the test used by the employer and the qualifications for the job in question is known as "validation."

Areas Covered
  • What are the three methods for validating tests under the Equal Employment Opportunity Commission ("EEOC") adopted the Uniform Guidelines on Employee Selection Procedures?
  • Risks of using cut off scores vs. ranking
  • How to establish minimum qualifications to validate testing
  • Why once validated tests cannot now be validated
  • Risks of using personality tests
  • Risks in drug testing applicants
Who will Benefit
  • Company owners
  • Human resource managers & Supervisors
  • Recruitment managers
  • Affirmative action personnel
$300
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  • Presentation handouts in downloadable PDF format will be updated on your OCP Account within 24 hours of the purchase of the product
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Instructor Profile:
Susan Fahey Desmond is a principal with Jackson Lewis PC which has offices across the United States. She has been representing management in all areas of labor and employment law since her graduation from the University of Tennessee School of Law in 1985 and is a frequent author and speaker on labor and employment law issues. She is listed in Best Lawyers in America for labor and employment law and has been named by Chambers USA as one of America's leading business lawyers.
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