How Tests and Other Employment Practices can be Illegal

Recorded On: 10/29/2019

Understanding the legal implications of tests and other employment practices is critical for HR professionals. An employer can’t intentionally discriminate, but, in the vast majority of claims brought under the 1991 Civil Rights Act’s Title VII or Uniform Guidelines on Employee Selection Procedures (41 CRF 60-3) – the only way to challenge a practice is to claim it’s discriminatory – intentional discrimination is not alleged. Most claims are triggered statistically by adverse impact – that it caused a protected group to be under-selected – despite employer commitment to EEO. This sessionwill demonstrate the two ways a practice can be discriminatory within how anti-discrimination law evolved into Title VII and the Uniform Guidelines, with many firsthand case examples; differences between the two legal standards; and basic exam legal defensibility, while humorously debunking legal defensibility myths. Learning Objectives: Understand basic legal defensibility at the lay level to be proactive to mitigate potential employment practice liability; Debunk EEO compliance myths through examination of case examples and learn what not to do to mitigate liability; Become aware that the federal government doesn't always know what they're supposed to be enforcing.

Richard Fischer

Richard Fischer has an applied Psychometrics and Instructional Design and leadership background, specializing in solving client applied measurement; assessment; hiring and selection, and workforce development problems to maximize human capital, while working to rid clients of exams they assume are valid without actual evidence, and aggressively defending employer Title VII and Uniform Guidelines discrimination claims. Rich is OFCCP’s former psychometric expert recruited by the agency in 2004 to create and lead their new test discrimination enforcement function, which went on to recover many millions of dollars for victims. He holds the Ph.D. from Columbia University in Educational Measurement and Statistics (Psychometrics), and an M.A. in Instructional Technology, also from Columbia, and routinely works with clients on test development and validation; evaluating existing validation; training and instructional systems, and the legal defensibility of employment practices.

Lisa Kaiser

Lisa Kaiser relies on some 20 years of legal experience and insider OFCCP knowledge to provide a full range of client EEO and affirmative action services with DeDe Church and Associates in Dallas, including audits; program development and implementation; training; and conducting detailed investigations into complex workplace concerns, to help clients to remain in compliance with federal and state laws and regulations. A nationally recognized expert on OFCCP and the laws it enforces requiring equity in federal contracting and former OFCCP Southwest Region Director of Operations, Lisa was an active duty U.S. Army JAG officer for seven years, litigating cases in the U.S., Germany, Middle East and Korea, also serving as a Special Assistant U.S. Attorney in the Southern District of New York while assigned to the U.S. Military Academy at West Point. She holds degrees in law from the University of Baltimore and a BA from Rutgers University

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