Interviewing and pre-employment testing provide valuable insight and are excellent tools to help companies make the best hiring decisions. But, sometimes interview questions and the use of personality or skills tests can be fraught with legal issues, many of which could lead to a company-killing class action. Employers need to know the right questions to ask (and the ones to avoid) in an interview, how to ensure the validity of pre-employment tests, and steer clear of the ticking legal time bombs that can be associated with their use.
Unless you prefer to be sued, there are certain questions that you simply cannot ask during an interview. And, while pre-employment tests can be useful in gauging whether the candidate will make a good fit for the position, the EEOC does not like them. Just as employers must be clear on what questions they can and cannot ask during an interview, there are guidelines on whether certain tests will have an adverse impact on a protected group.
Also, there are ADA considerations for pre-employment testing. If the test tends to screen out a person with a disability, there must be a legitimate, job-related reason for it. If you are using pre-employment tests, it is wise (and indeed cannot hurt) to give them a second look to make sure your process is necessary and defensible.
Find out more about these hiring “danger zones.” Attend our in-depth webinar with a seasoned employment attorney on May 21, and learn the legal do’s and don’ts of asking the right questions during interviews and properly using pre-employment testing.
After attending this webinar, you will be able to:
- Tell when certain questions in an interview can trigger a legal issue
- Recognize when certain questions are not allowed—and why
- Establish proper in-house procedures for interviews to avoid asking the wrong questions
- Identify the different types of pre-employment and/or personality tests, and determine whether certain types would be useful in your selection process or not
- Properly validate pre-employment tests
- Recognize legal issues concerning the use of pre-employment tests and how to assess whether the tests you’re using are up to snuff
- Tell if certain tests could discriminate or have an adverse effect on a protected group
- And much more!
YOUR EXPERT INSTRUCTOR
William Hammel, Esq.
William "Billy" Hammel is a partner in the Dallas office of Constangy, Brooks, Smith & Prophete, LLP. His practice includes counseling and representing employers in all areas of employment law, cyber liability and data privacy, restrictive covenants and trades secrets, and risk management. Whether representing employers in administrative actions, single or multi-plaintiff litigation/arbitration, or the court of public opinion, he is known for giving sound advice, fighting honorably, and advancing the ball efficiently.
This program has been pre-approved for 1.5 hours of general recertification credit toward PHR and SPHR recertification. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
Business & Legal Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website at www.shrm.org/certification.