Objectives of the Presentation:
- Why you might consider personality or psychological testing in the hiring process
- When a personality/psychological test might be a medical examination
- Concerns under the Americans with Disabilities Act
- Understanding disparate impact and how it might make your testing process illegal
- Documenting the disparate impact analysis
- Using psychological testing for fitness for duty determinations
Whether defending a failure to hire or a termination case, lawsuits are expensive. Juries have been more and more willing to award punitive damages to the employer who cannot establish that its decisions are free from discrimination or, frankly, are just unfair. Employers would like the 'crystal ball' to ward off these costly lawsuits and frequently turn to personality testing to ensure that the a potential candidate is the right fit - if you don't make the hiring mistake, you won't have to face that potential wrongful termination suit. Can personality testing be that crystal ball? Maybe; Employers should, however, be wary of the legal risks associated with this type of testing.
Susan Fahey Desmond,
Susan, is a partner in the New Orleans office of Jackson Lewis, a national labor and employment law firm with offices in 48 cities across the country. She has been representing management in all areas of labor and employment law for over 25 years. She is listed in Best Lawyers in America for labor and employment law and has been named by U.S. Chambers as one of America’s leading business lawyers.