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.
Agenda
Faculty
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 to prevent or resolve employee issues before they escalate into legal disputes
- Former employer co-chair for the American Bar Association’s FMLA Subcommittee, co-editor in chief of the ABA/Bloomberg BNA’s annual treatise covering developments under the FMLA, and state director of the Missouri State Council of SHRM
- J.D. degree, Washington University; B.S.B.A. degree in labor relations, Saint Louis University; B.S.B.A. degree in economics, Saint Louis University
- Can be contacted at 314-802-3950 or [email protected]
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]
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