David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses the EEOC’s increased enforcement efforts around workplace testing and what employers should do to avoid litigation. “Keep testing simple,” David recommended. “Tests work best when they are directly tied to the job — for example, asking an electrician to draw a circuit, or a secretary to take a typing test. For more complex testing, employers should make sure the tests are validated and that the tests are being used in the manner approved by the test maker.”

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