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News & Press: HR

When the Employer Fails the Test

Monday, June 18, 2018   (0 Comments)
Posted by: Alyce Ryan
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Written by: Christine V. Walters, JD, MAS, SHRM-SCP, SPHR,  FiveL Company 

If you use personality tests or assessment for applicants or employees, consider this. On June 6th, the U.S. EEOC found not just one, but two employers violated Title VII of the Civil Rights Act as a result of their use of personality tests/assessments during the application process. The EEOC determined that applicants were adversely impacted applicants based on race and national origin. "So-called 'personality tests' are unacceptable if they have the effect of screening out people because of their race or national origin." The use of tests, assessments and a variety of selection procedures may also be unlawful under Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) if they adversely impact individuals based on disability or the status of being age 40 or above. 

For more information, you can read the EEOC's Fact Sheet on "Employment Tests and Selection Procedures." If you obtain tests or assessments from a vendor, supplier or third party, talk to them in conjunction with your legal counsel to understand the process by which your test or assessment was validated.