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.

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EEOC Review of Integrity Testing

Integrity tests have been used by employers for well over two decades to help identify productive employees that will not engage in various forms of workplace counterproductivity (e.g., theft, turnover, illegal drug use, safety infractions). Read more about EEOC Review of Integrity Testing

How to Prevent Employee Theft

Recently, Edward Snowden became a household name due to his theft and release of highly confidential information from the National Security Agency (NSA). Prior to being allowed access to the NSA’s information, Snowden was subjected to a background screening, which apparently revealed nothing problematic at the time. However, after a re-examination of Snowden’s background check, it was determined that, among other things: Read more about How to Prevent Employee Theft

Predicting, Stopping Theft in the Workplace

How prevalent is theft at your workplace? How much is it costing your company? Most importantly, how can you stop it?

The answer is to prevent it before it even becomes an issue. By having a robust screening process in place for job candidates, you can minimize the chance you will hire someone inclined to engage in workplace theft. There are several predictive tools you can use, with varying degrees of effectiveness. Read more about Predicting, Stopping Theft in the Workplace

Familiarity Breeds Success – Why and How to Hire Internally

It’s no secret: Hiring can be expensive. Whether replacing an employee or creating a new position, the costs mount quickly… and not just in money, but time as well. With advertising for the position, sifting through resumes, testing, interviewing, negotiating, completing paperwork and training, the process can be lengthy. Read more about Familiarity Breeds Success – Why and How to Hire Internally

Social Media and Employee Screening - Beware!

Social media has become much more than just a way for people to connect with old friends and colleagues. Social media is now a resource for businesses to market and promote themselves. This newer technology is also becoming a tool for recruitment and selection strategies. Social media platforms enable companies to expand their networks and applicant pools and increase the quantity and quality of applicants and hires. Read more about Social Media and Employee Screening - Beware!

Debunking 4 Myths Around Personality Testing

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:

    • Screen out great candidates
    • Have flawed results
    • Create privacy risks
    • Cause discrimination
Read more about Debunking 4 Myths Around Personality Testing

Should You Share Test Scores With the Test Taker?

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. Read more about Should You Share Test Scores With the Test Taker?

What You Can Ask During a Job Interview

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. Read more about What You Can Ask During a Job Interview

Is Your Application Process ADA Compliant?

The Internet is a great tool for companies that are seeking to decrease costs and increase efficiency, especially when it comes to the job application process. However, employers need to be aware of how directing applicants to the web can affect individuals with disabilities. Read more about Is Your Application Process ADA Compliant?

What is Disparate Impact?

In simple terms, disparate impact occurs when a practice or hiring standard that is neutral and non-discriminatory in its intent has a disproportionately negative impact on individuals within certain subgroups protected by civil rights laws (e.g., race, gender, age).

Many hiring practices exhibit disparate impact, including: Read more about What is Disparate Impact?