Pre-Hire Testing and Background Check Advice/Defense
Video description: A three-minute, animated video for employers and HR professionals who are interested in learning more about how to minimize the risk and maximize the rewards of using talent selection tools.
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.
Overview of our expertise
- Affirmative Action Plans and OFCCP Compliance
- EEOC Class Investigation and Litigation Defense
- Discrimination Defense
- Trials and Arbitrations
- FLSA/Wage-and-Hour Defense
- Executive Agreements and Severance
- Labor Management Relations
- Leave of Absence and Disability Advice/Defense
- Non-Compete and Trade Secret Litigation
- Pre-Hire Testing and Background Check Advice/Defense
- Preventive Employment Counseling
- Reductions in Force
- Whistleblower/False Claims Act Defense
- Workplace Investigations
- Industry Focus: Health Care
- Industry Focus: Retail
- Industry Focus: Tech Startups