Navigating Potential Landmines - Employment Tests and Selection Procedures
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Make sure your pre-employment tests are in compliance with employment laws.
Most employers engage in some kind of employment tests in advance of hiring a new employee, whether it's a basic Google search of the candidate's presence on the internet and social media, or a more extended procedure like personality testing. In doing this, the employer may unwittingly be committing a violation of an employment law, whether it is the historic laws like Americans with Disabilities Act, the Age Discrimination in Employment Act, or new laws and initiatives that relate to use of an employee's criminal background. This topic will address common and trending employment tests and selection procedures and help them identify the employment laws that are potentially implicated, and best practices to avoid those violations. This information is critical for employers so they can ensure their basic internet search does not create unnecessary liability and conflict.
AuthorsDawn Knepper, Buchalter
Common Tests Utilized in Pre-Employment Testing
• Includes Cognitive Tests, Physical Ability Tests, Medical Inquiries, Criminal Background Checks, Performance Appraisals
Overview of Governing EEO Laws
• Title VII of the Civil Rights Act of 1964
• Title I of the American's With Disabilities Act
• The Age Discrimination in Employment Act
• EEOC Guidance on Use of Conviction and Arrest Records
Trends in Enforcement
• Recent Litigation and Settlements
• Other Social Media Considerations
Employer Best Practices in Testing and Selection