Legal Question in Business Law in Nevada

Testing has become an important issue in the employer-employee relationship. What are the rules concerning pre-employment testing? What practices (interview questions, tests, background checks, etc.) are allowable during the interview process? Can a business best protect itself during the hiring process given these constraints?


Asked on 4/22/11, 9:56 pm

1 Answer from Attorneys

John Courtney John Peter Lee, Ltd.

This question is far too vague. The rules concerning pre-employment testing are so vast that they cannot all be stated. Some of the rules include the following: (1) the US Constitution; (2) the Nevada Constitution; (3) dozens, if not hundreds, of federal codes; (4) dozens, if not hundreds, of Nevada Revised Statutes; and (5) thousands, if not tens of thousands, of precedential cases. To ask someone to name or list every question, test, or background check that is allowable is to ask a question which cannot be answered in a lifetime.

Also, the last sentence of your question is ambiguous: "Can a business best protect itself during the hiring process given these constraints?" First, protect itself against what? Second, what constraints? Third, when you say "best," compared to what?

Please be more specific with your question and you will be more likely to receive a useful response.

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Answered on 4/25/11, 3:38 pm


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