NT Lakis attorneys are pleased to present our Primer on Employment Selection Testing, along with an accompanying Employment Testing Self-Audit Checklist.
Employment testing can be an effective selection tool if conducted properly. In fact, selections made on the basis of objective tests can be significantly easier to defend than subjective judgments as to which candidates are better suited for a particular job.
But employment testing can also carry risks for an employer if not conducted properly. For example, if a test results in disparate impact on a protected group, using the test may violate the law unless the employer can show that it has a legitimate business justification for using the test. Similarly, using a test to intentionally discriminate, or for making decisions based on a protected characteristic, will also violate the law.
Our Testing Primer and checklist cover employment selection testing basics. As with all of our guides, the primer is not intended to constitute legal advice, and legal counsel should be consulted whenever an issue arises. Similarly, the checklist is designed as an informational tool, and we recommend that counsel be consulted before conducting a self-audit to ensure that any applicable legal privileges are preserved.
Members of the Center for Workplace Compliance (CWC) can read more here.