Federal Contractors Beware: WorkKeys Litigation
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."
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