Personality Testing in the Workplace: Benefits and Legal Risks

Duration: 90 Minutes
The candidate sitting in your office - is he truly a good candidate or just a good interviewer? How do you know the answer -- particularly when all you get are "neutral" references when you call previous employers? You want something a little more solid than the "gut reaction" test so you think that maybe you should use a personality test or some other type of psychological test. Beware! While these tests can be beneficial, there are legal risks that you must consider before implementing such a process.
Personality Test for Employment
Product ID: 502381
Objectives of the Presentation
  • Why you might consider personality or psychological testing in the hiring process
  • When a personality/psychological test might be a medical examination
  • Concerns under the Americans with Disabilities Act
  • Understanding disparate impact and how it might make your testing process illegal
  • Documenting the disparate impact analysis
  • Using psychological testing for fitness for duty determinations
Why Should you Attend
Whether defending a failure to hire or a termination case, lawsuits are expensive. Juries have been more and more willing to award punitive damages to the employer who cannot establish that its decisions are free from discrimination or, frankly, are just unfair. Employers would like the "crystal ball" to ward off these costly lawsuits and frequently turn to personality testing to ensure that the a potential candidate is the right fit - if you don't make the hiring mistake, you won't have to face that potential wrongful termination suit. Can personality testing be that crystal ball? Maybe; Employers should, however, be wary of the legal risks associated with this type of testing.

Who will Benefit
  • Company owners
  • Human resource managers
  • Recruiting managers
  • Affirmative action personnel
$300
Recorded Session for one participant
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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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