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Testing

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Court upholds EEOC rule on retention of employment-related testing records

08/09/2016
A federal court has ruled that the EEOC can require employers to retain employment records for its inspection and specifically demand that those records include a wide range of information about employment-related testing, test results and the impact of the results on protected classes.

Follow 3 rules of pre-hire medical tests: Timing, privacy, job descriptions

02/24/2016
If you perform pre-employment medical tests on applicants, take your cues from the following case to avoid running afoul of the Americans with Disabilities Act.

Minnesota drug testing law doesn’t protect airline employee

10/28/2015
If it stands, a recent federal court decision could provide some clarity for Minnesota employers.

Target pays $2.8 million, agrees to drop hiring tests

10/28/2015
The Target retail chain has agreed to stop using three pre-employment assessments that the EEOC claimed were discriminatory.

Make sure testing is related to actual job duties

07/13/2015
Employers that use general tests to screen applicants run the risk of facing a disparate-impact discrimination lawsuit. If that happens, you will have to prove that the test measures qualities that relate to actual job duties.

Ensure physical tests are fair for women

06/29/2015
Some professions require applicants to prove a certain level of physical fitness. When employers demand passing a physical test as a qualification to be hired, they need to make sure that protected classes such as women don’t fail at rates that indicate the test has a disparate impact on otherwise qualified applicants.

How could pre-employment test be discriminatory?

05/29/2015
Q. I am looking to hire new employees. Some applicants who did not qualify for the open positions are now threatening to sue, claiming that my pre-employment tests are discriminatory. What should I know about pre-employment tests?

Employee failing test? OK to end it early

05/18/2015

Generally, employees taking an exam required for promotion should be tested under similar circumstances, take the same test and generally be treated the same. But sometimes, especially during a hands-on test, it becomes obvious early on that the employee does not have the skill to pass. If that’s the case, you can end the test early.

Blast from the past: Feds revive civil service exam

04/15/2015
Would-be government workers are again taking part in a ritual that had virtually disappeared for 43 years: taking a civil service exam to qualify for jobs with federal agencies.

Block hiring lawsuits with simple FAQ handout

04/06/2015

Do you explain up front to job applicants exactly how your hiring process will work? If not, consider providing a written notice that outlines the process—possibly in a simple frequently-asked-questions format. The FAQ will come in handy later if a disgruntled applicant sues, claiming she was blacklisted or suffered discrimination by not being hired or called for an interview.

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