Hiring, Testing & Selection

As the global economy continues to evolve, U.S. employers face ever-increasing challenges. Federal agencies such as the EEOC are staffed and empowered to enforce more laws and to impose more challenges to selection practices than ever before, and companies operating in multiple jurisdictions must comply not only with federal law, but with state and local mandates as well. 

To help them through these headwinds, our clients look to Seyfarth for innovative compliance solutions and  best hiring processes.

Litigation avoidance requires smart and effective recruitment. It continues with screening, testing and choosing the right candidates, consistent with myriad legal obligations. Having litigated employment matters for decades, our Hiring, Testing and Selection team has seen up close the ramifications of poor hiring methods and choices, including turnover expenses, wasted training time, poor attendance, underperformance, severance costs, and, all too often, costly litigation exposure. To avoid these consequences, we oftentimes reverse engineer potential class action claims, thereby helping clients institute best hiring practices that are effective, lawful, and meet the client’s business objectives.

Every day we answer questions and craft tomorrow’s best practices. Among the issues we help clients address daily are:

  • Recruitment challenges and opportunities, like realistic job previews, internet databases and social media
  • Application systems and key documentation, such as online applications, applicant flow tracking systems, and internal and external job postings
  • Applicant screening issues, including background checks under the Fair Credit Reporting Act
  • Job descriptions that demonstrate American with Disabilities Act compliance while at the same time establishing critical qualifications
  • Testing in all its forms, along with the tools needed to defend test results, such as job analyses, adverse impact reports, validation studies, and non-testing alternatives
  • Interview techniques and tools, such as traditional verbal, structured/behavioral, video and other electronic tools
  • On-boarding and new-hire placement systems
  • California-centric concerns
  • Staffing company and temp-to-hire issues, from both the staffing agency and the employer perspective