Labor and Employment

Pre-Hire Testing and Background Check Advice/Defense

In recent years, the EEOC has vigorously pursued its systemic enforcement initiative to identify and eliminate any facially-neutral practices that have disparate impact on protected classes. Together with private class litigation, this initiative puts pre-employment selection tools squarely in the crosshairs. Nilan Johnson Lewis has significant experience counseling employers regarding their use of pre-employment assessments (including personality tests, skills assessments, and medical exams), criminal background checks, and other talent-selection tools and defending them in investigations and litigation arising from those practices.

Our comfort with statistical analysis, fluency in professional standards from the fields of industrial-organizational psychology and criminology, and expertise implementing cutting-edge “validation” strategies enable us to help our clients implement selection tools that maximize their return on investment while staying out of the EEOC’s and plaintiffs’ sights. If our clients do find themselves the subject of a systemic investigation or class lawsuit, we bring those same skills to bear to reduce their exposure and drive favorable resolutions.

  • Associated Professionals
Mark J. Girouard

Mark J. Girouard

Shareholder

612.305.7579

Veena A. Iyer

Veena A. Iyer

Shareholder

612.305.7695

Donald M. Lewis

Donald M. Lewis

Shareholder

612.305.7518

612.305.7727

Melissa K. Rasmussen

Melissa K. Rasmussen

Staff Attorney

612.305.7519

Sarah B. Riskin

Sarah B. Riskin

Associate

612.305.7713

Joseph G. Schmitt

Joseph G. Schmitt

Shareholder

612.305.7577

612.305.7738