Testing

New Jersey marijuana laws prohibit applicant lawsuits

02/12/2025

In 2022, New Jersey voters approved an amendment to the state constitution that decriminalized the use and possession of marijuana. The law also barred discrimination based on marijuana usage but stated that employers were entitled to maintain a drug- and alcohol-free workplace.

Beware pre-hire exams that could reveal genetic information

11/01/2024

You know you can’t exclude otherwise qualified candidates because they’re older, disabled and in need of accommodations, pregnant or planning to have children. But what about screening candidates for potential medical problems down the line? No, you can’t do that, either.

Ensure all pre-employment qualification tests are specific to the job and your needs

03/11/2024

Once you have made a job offer, you can only require physical qualification tests that are job-related and consistent with business necessity. The rule is designed to ensure that tests don’t have a disparate negative impact on members of protected classes.

Using personality tests to screen applicants? Heed these warnings

03/29/2023

Bad hiring decisions can be among an employer’s most expensive mistakes. That’s one reason many hiring managers rely on personality tests to assess the qualities and aptitudes an applicant might bring to the job. These personality tests may also be helpful to managers who want to dig deeper and understand the strengths of their team members.

EEOC cracks down on pre-hire strength tests

12/22/2021

The EEOC is filing—and winning—lawsuits on behalf of female applicants who complained they lost out on jobs for which they were otherwise qualified because they failed a post-offer, pre-employment strength test.

Ensure post-offer tests are job-related and necessary

09/23/2021

Making a job offer is a de facto acknowledgement that you believe the applicant was qualified for the position. If you make the offer contingent on passing some sort of pre-employment test, make sure the test is job-related and consistent with business necessity. Otherwise, you are courting lawsuits that likely favor applicants who fail the test.

How to lose a good job applicant in just 10 days

03/09/2021

One-third of senior managers surveyed said their company is taking more time to hire in today’s coronavirus environment, despite having access to a deeper talent pool. We won’t say employers are stringing candidates along. Robert Half calls it “breadcrumbing.”

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.