With employment tests becoming common practice, are you using the best tests for your organization and more importantly are they legal?
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 topic 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. Learn how to recognize and correct common deficiencies that trigger government investigations and escalate damage claims.
You will be provided with practical guidance on changing policies and procedures to help companies select the best job applicants and improve the quality of the workforce.
Learning Objectives
- You will be able to define unlawful adverse impact and when a test or selection procedure is job-related and consistent with business necessity.
- You will be able to discuss the do's and don'ts of performance reviews.
- You will be able to explain the intersection of state and federal law regarding drug tests and background checks and common mistakes that companies can avoid with their screening programs.
- You will be able to review your companies testing and screening protocols for job applicants and understand if changes are needed to avoid costly litigation.
This live webinar covers these hot issues
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
Credit Information (Sponsored by Lorman Education Services)
- CLE
- CPE
- SHRM
- NASBA
- HR Certification Institute
For Detailed Credit Information page
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Only registered attendee will receive continuing education credit.
Faculty
R. Lawrence Ashe, Jr., Parker Hudson Rainer & Dobbs LLP
- 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
- Can be contacted at 404-420-4320 or lashe@phrd.com
Paul R. Barsness, Parker Hudson Rainer & Dobbs LLP
- 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
- Can be contacted at 404-420-4318 or pbarsness@phrd.com