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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?Testing employees before or during employment may seem desirable, but as tests become more common in employment, it is important for employers to think about the legal implications of the testing they are doing. The EEOC has recently challenged the pre-employment tests of a number of employers, and employers must understand the need to carefully validate any such tests before implementing them. This topic will help employers understand the legal ramifications 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.


Runtime: 68 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

Pre-Employment Testing

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

Testing During Employment and Potential Liability

Legal Implications Under Major Laws

  • Title VII
  • ADA
  • State and Local Law Considerations

Notable Cases

Best Practices for Testing and Selection

  • How to Assess Disparate Impact

Validation of Pre-Employment Tests

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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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 21, 2019.

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

  • ASA 1.0
     
  • This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.1
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.1 credit hours.
     
  • MT CLE 1.0
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.0 CLE credits.
     
  • ND CLE 1.25
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit.
     
  • NH MCLE 1.1
     
  • 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: 65 Minutes.
     
  • NJ CLE 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • TN CLE 1.13
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.13 hours of credit.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of self-study CLE credit.
     
  • WA CLE 1.25
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
     
  • SHRM 1.0
     
  • 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 1.0 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.

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

Audio & Reference Manual

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
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 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
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

Jennifer Fischer

Jennifer Fischer

Kelley Drye & Warren LLP

  • Senior associate in the Litigation and Labor and Employment group at Kelley Drye & Warren LLP
  • Comfortable in the court room, has extensive experience defending employers in a variety of employment-related claims including discrimination, harassment, retaliation, and wrongful termination; record includes four jury trial wins in New Jersey state court
  • Defends companies who have been alleged of violating federal and state laws relating to website content and accessibility
  • Regularly counsels employers on risk management, litigation prevention, wage-and-hour compliance, disability and leave processes, and other employment law issues
  • Was previously a Deputy Attorney General with the New Jersey Office of the Attorney General, Division of Law, Employment Litigation
  • Defended the state of New Jersey, its departments and agencies, in all aspects of employment litigation
  • Regular contributor to Labor Days, Kelley Drye’s labor and employment law blog
John P.J. Mattiace

John P.J. Mattiace

Kelley Drye & Warren LLP

  • Senior associate in the Labor and Employment practice group at Kelley Drye & Warren LLP
  • Focuses his practice defending and counseling employers faced with all types of employment claims
  • Valued for his ability to spot issues and identify solutions that comport with his clients’ unique business goals, his practice includes the aggressive defense of single plaintiff employment claims, and class and collective action claims under state and federal wage and hour laws
  • Regularly advises clients on compliance with policies involving federal and state employment laws and regulations; drafts executive compensation agreements, transition agreements and separation agreements, as well as employment policies and employee handbooks
  • Trains and advises his clients on anti-harassment, FMLA, and ADA issues, along with the application of the National Labor Relations Act
  • Regularly assists on cases before the National Labor Relations Board and represents employers in union grievance arbitrations
  • Prior to joining Kelley Drye, served as a law clerk to Judge Patricia Del Bueno Cleary, of the New Jersey Superior Court, Monmouth County, and in law school, he worked for Judge Dennis Cavanaugh, U.S.D.J., and Judge Tonianne Bongiovanni, U.S.M.J., both of the U.S. District Court of New Jersey
  • A regular contributor to Labor Days, Kelley Drye’s labor and employment law blog
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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: 405412
Published 2019
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