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Dave Arnold | General Counsel
David Arnold, Ph.D., J.D., is involved with legal issues concerning privacy, negligent hiring, employment testing and equal employment matters. He also serves as General Counsel for the Association of Test Publishers. In this capacity, Dr. Arnold has testified on many occasions before various legislative committees on issues related to testing.
Dr. Arnold’s prior background includes HR-related positions with Supermarkets General Corporation, the University of Nebraska, the City of Omaha, United Airlines, Reid London House and NCS Pearson. He holds a J.D. from Loyola University Law School and a Ph.D. in industrial psychology from the University of Nebraska. He is an active member of the American Bar Association’s Section of Labor and Employment Law and the Society for Industrial and Organizational Psychology ("SIOP").
He has also served as Chairperson of the American Psychological Association’s Committee on Legal Issues and currently serves on the State Affairs Committee of SIOP. Dr. Arnold has also written more than 100 articles regarding testing and employment law/legislation and spoken frequently to various HR and other trade groups regarding these topics. In 2009, he was the recipient of the “Award for Professional Contributions and Service to Testing”, presented by the Association of Test Publishers.
Recently, I responded to an article that incorrectly spelled out four reasons to avoid personality testing in the hiring process. The article said that personality tests:
An administrative question our clients commonly pose is whether test scores need to be shared with job applicants. This issue generally arises when a non-competitive applicant requests information regarding their test score due to the perception that the test was the basis of having their application rejected. The intent of this article is to summarize the issues surrounding these requests and discuss whether employers should release this information. 
On October 28, 1992, John Otero went into a Wal-Mart store in Las Cruces, New Mexico to interview for a job as a receiving clerk. During that interview, he was asked the question, “What current or past medical problems might limit your ability to do a job?” Unbeknownst to the interviewer, Otero had been injured in an automobile accident a few years before causing his right arm to be amputated below the elbow. 
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