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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?Employers struggle to implement and effectively utilize applicant testing procedures that are both legally compliant and accomplish the goal of hiring the best qualified applicants. They also do not understand the differences between physical fitness, psychological or personality tests on the one hand and medical examinations on the other. This topic helps those responsible for applicant testing and hiring understand how first to establish pre-employment testing program and comply with the tricky legal requirements pursuant to the Americans with Disabilities Act and Title VII of the Civil Rights Act. The material will also explain how to ensure that applicants are screened for their current ability to safely perform the job functions they are being hired for. Failing to have a properly set up testing and hiring process is a common pitfall for employers. Improper testing can lead to discrimination charges, litigation, money damages and penalties. Nonreliable testing fails to accomplish the goal of selecting and hiring the best candidates who are qualified for the job and who do not start working with an increased risk of injuring themselves or others.


Runtime: 94 minutes
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Why Lorman?

Over 32 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

How to Identify Laws Governing the Hiring Process

  • Non-Discrimination Laws
  • Non-Retaliation Laws
  • Background Check and Ban-The-Box Laws

Physical Fitness/Psychological Tests vs. Medical Examinations

  • Americans With Disabilities Act (ADA) Requirements
  • How to Determine Whether Testing Is Medical or Not
  • Learn the Difference Between Pre- and Post-Offer Testing
  • Confirming the Validity and Reliability of the Test

Setting up a Compliant Testing and Hiring Process

  • Deciding What to Test
  • Deciding When to Test
  • Deciding Who to Test
  • How to Safely Use the Test Results
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Why Lorman?

Over 32 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 5, 2019.

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

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     

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
     
  • 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 32 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

Samuel W. Newman

Samuel W. Newman

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

  • Associate in the St. Louis office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., an international labor and employment law firm
  • Experience handling workers’ compensation claims and setting up injury prevention policies and defending a wide variety of employment claims, including those relating to disability discrimination and workers’ compensation retaliation
  • J.D. degree, Saint Louis University; B.S.B.A. degree in marketing, University of Missouri-Columbia
  • Can be contacted at 314-898-4075 or [email protected]
James M. Paul

James M. Paul

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

  • Shareholder in the St. Louis office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., an international labor and employment law firm
  • Extensive experience in handling labor and employment law litigation in federal and state courts, and before the Equal Employment Opportunity Commission, the Department of Labor, the Department of Justice, the Occupational Safety and Health Administration, and several state agencies
  • Regularly advises employers on all labor and human resource management issues in an effort to prevent or resolve employee issues before they escalate into legal disputes
  • Former employer co-chair for the American Bar Association’s FMLA Subcommittee, current co-editor in chief of the ABA/Bloomberg BNA’s annual treatise covering developments under the FMLA, and current vice-chair of the Missouri State Council of SHRM
  • J.D. degree, Washington University; B.S.B.A. degree in labor relations and economics, Saint Louis University
  • Can be contacted at 314-802-3950 or [email protected]
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Why Lorman?

Over 32 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: 406509
Published 2019
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