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Legal Implications of Testing Job Applicants

With employment tests becoming common practice, are you using the best tests for your organization and more importantly, are they legal?The EEOC has recently challenged the pre-employment tests of a number of employers. Many employers do not understand the importance of carefully validating such tests before implementing them and reexamining existing pre-employment tests to ensure they will withstand legal scrutiny. This topic will help employers understand the legal implications of utilizing pre-employment tests, as well as provide information regarding the different types of tests that can be implemented. The material will also explain how to assess whether tests have a disparate impact that could subject the employer to legal ramifications and will explain how to properly validate a test to ensure it is truly testing the abilities that workers need on the job. Failing to properly validate a pre-employment test can lead to costly investigations, charges, and lawsuits from the EEOC, applicants, and employees. This information is critical for employers to ensure they are not susceptible to claims of disparate impact while utilizing the useful tools that are pre-employment tests.


Runtime: 87 minutes
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Why Lorman?

Over 31 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

Pre-Employment Testing

  • Pre-Offer Inquiries
  • Post-Offer Examinations
  • Types of Pre-Employment Tests

Legal Implications

  • Title VII
  • ADA

Best Practices for Testing and Selection

  • How to Assess Disparate Impact
  • Validation of Pre-Employment Tests
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Why Lorman?

Over 31 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

This course was last revised on November 9, 2018.

Call 1-866-352-9540 for further credit information.

  • HR Certification Institute 1.5
     
  • This E-Learning 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 1.25
     
  • 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 1.25 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 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

Sarah Kuehnel

Sarah Kuehnel

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Practice emphasizes all aspects of employment law
  • Conducts regular seminars and workshops on numerous topics for employers, such as recent employment law news, hiring practices, telecommuting arrangements, and retaliation
  • Author of several publications related to the areas of pre-employment testing, disparate impact, wage and hour issues, and disability accommodations
  • J.D. degree, Washington University School of Law
  • Admitted to practice in Missouri, Illinois, and Florida
  • Can be contacted at [email protected] or 314-412-8059
Mallory Stumpf

Mallory Stumpf

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • Associate, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Practice emphasizes all aspects of employment law
  • Conducts regular seminars and workshops on numerous topics for employers, such as employee handbooks and performance appraisals
  • Author of several publications related to the areas of pre-employment testing and gender identity and sexual orientation discrimination
  • J.D. degree, Saint Louis University School of Law
  • Admitted to practice in Missouri and Illinois
  • Can be contacted at [email protected] or 314-898-4078
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Why Lorman?

Over 31 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.

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Product ID: 404126
Published 2018
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