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Federal Contractors Beware: WorkKeys Litigation

Federal Contractors Beware: WorkKeys Litigation

Posted by Brenda on 26 October 2011 | 0 Comments

If you are a Federal Contractor who uses WorkKeys (pre-employment assessment tool) at work, please read the two articles below. In the September/October 2011 issue of "The Employment Law Authority," Leigh Nason says, "OFCCP recently filed suit against a manufacturer for its allegedly discriminatory use of WorkKeys, a pre-employment assessment tool frequently endorsed by state and local governments. The company claims that WorkKeys is "valid and legal"; however, OFCCP's administrative complaint asserts that use of WorkKeys has an adverse impact on African-American, Asian and Hispanic workers. Sure to be a closely-watched case, contractors would be well-served to evaluate the use of any pre-employment assessments, ensure consistent and well-documented recordkeeping, and be prepared to defend such measures as "job-related and consistent with business necessity" if adverse impact is detected."

If you do use WorkKeys, please give us a call to discuss your pre-employment process. We'd be glad to help! If you know anyone else who uses it, please pass this along to them as well.

Here are the articles:

http://www.dol.gov/opa/media/press/ofccp/OFCCP20111291.htm

http://www.ogletreedeakins.com/publications/2011-10-13/recent-developments-ofccp-federal-contractors-beware