Legislative Brief
Employers often use tests and other selection procedures to screen applicants for hire and employees for promotion. There are many different types of tests and selection procedures, including cognitive assessments, personality assessments, medical examinations, credit checks and criminal background checks.
The use of tests and other selection procedures can be a very effective means of determining which applicants or employees are most qualified for a particular job. However, use of these tools can violate the federal anti-discrimination laws if an employer intentionally uses them to discriminate based on race, color, sex, national origin, religion, disability or age. Use of selection procedures can also violate the federal anti-discrimination laws if they disproportionately exclude people in a particular group by race, sex or another covered basis, unless the employer can justify the test or procedure under the law.
On May 16, 2007, the Equal Employment Opportunity Co
mmission (EEOC) held a public meeting on employment testing and screening. Witnesses addressed legal issues relating to the use of employment tests and other selection procedures.
Below are some best practices for testing and selection:
Employers should administer tests and other selection procedures without regard to race, color, national origin, sex, religion, age or disability.
Employers should ensure that employment tests and other selection procedures are properly validated for the positions and purposes for which they are used. The test or selection procedure must be job-related and its results appropriate for the employer’s purpose. While a test vendor’s documentation supporting the validity of a test may be helpful, the employer is still responsible for ensuring that its tests are valid under Uniform Guidelines on Employee Selection Procedures (UGESP).
If a selection procedure screens out a protected group, the employer should determine whether there is an equally effective alternative selection procedure that has less adverse impact and, if so, adopt the alternative procedure.
To ensure that a test or selection procedure remains predictive of success in a job, employers should keep abreast of changes in job requirements and should update the test specifications or selection procedures accordingly.
Employers should ensure that tests and selection procedures are not adopted casually by managers who know little about these processes. A test or selection procedure can be an effective management tool, but no test or selection procedure should be implemented without an understanding of its effectiveness and limitations for the organization, its appropriateness for a specific job and whether it can be appropriately administered and scored.
For more information visit the EEOC at www.eeoc.gov. This Legislative Brief is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.
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