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Live Webinar

90-minute live streaming program
  • July 25
  • 1:00 - 2:30 pm EST

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OnDemand Webinar
Audio & Reference Manual

Legal Implications of Testing Job Applicants

July 25

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.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

No credit available.

Live Webinar Registration

  • AL CLE 1.5 (Pending)
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.5 hours of continuing professional education.
     

Audio & Reference Manual

No credit available.

Who should attend?

This live webinar is designed for human resource managers, personnel managers, benefits and payroll professionals, presidents, vice presidents, business owners and managers, controllers and attorneys.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

R. Lawrence Ashe, Jr.

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 [email protected]
Paul R. Barsness

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 [email protected]
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Why Lorman?

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Product ID: 399577
Published 2015, 2017
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