Yes, but just like aptitude tests, the legality of workplace personality tests is about understanding which characteristics are both applicable to the job and can make a difference in a particular job for which the applicant or employee is being considered. How you use the information you get from a personality test usually determines whether you are using it legally. For example, if you use a trait like «persuasion» to review candidates for sales and custodial accounts (with extreme examples to illustrate), it`s obvious that a sales professional needs to be persuasive, but it`s unlikely that the manager will have to convince others to be a good steward. It is strongly recommended that you do not rely solely on integrity tests when making a hiring decision. You should check with any previous employer, as well as any educational institution listed on a resume, and conduct a criminal background check. Other types of hiring tests – such as aptitude tests, which measure a candidate`s knowledge of the position, and personality tests, which indicate a candidate`s suitability – should also be considered selection tools to give you a more accurate picture of your candidate`s potential for success. Various writing, data entry, and computer proficiency tests may also be recommended for positions that require familiarity with computers or specific programs. For senior positions such as paralegals and paralegals, the Cognitive Aptitude Test (CTA) assesses a candidate`s critical thinking, attention to detail, and problem-solving ability. These qualities are important for roles where employees need to learn and apply new information.
Click here for an EEOC link that states: «Therefore, inquiries about organizations, clubs, societies, and lodges of which an applicant may be a member, or other questions that may indicate the applicant`s race, gender, national origin, disability status, age, religion, color, or ancestry, should generally be avoided. Similarly, employers should not request a photo of a candidate. When identification is required, a photograph may be obtained after an offer of employment has been made and accepted. Here are some additional links you should check out to help you better prepare to ask the right questions of your legal counsel and better understand the laws governing recruitment testing. Figure 8: In Federal Court cases involving employee selection, interviews are responsible in 63% of cases, compared to 18% for hiring tests. In other words, interviews are responsible for 3.5 times more court calls than pre-employment tests. Under the law, employers cannot discriminate against someone on the basis of race, color, religion, national origin, sex, and age. The amended Title VII makes it illegal to discriminate against a woman on the basis of pregnancy, childbirth or an illness related to pregnancy or childbirth. Last but not least, like any other employment practice, this type of test must also avoid the different effects of discrimination against protected groups. The biggest challenge in hiring many law firms is identifying and retaining support staff, including administrative assistants, office workers, and receptionists. Criteria` hiring tests can help organizations providing legal services sort through large pools of candidates, reduce hiring time, and identify reliable and productive employees. Under this law, it is illegal to discriminate against a qualified disabled person in the private sector and in state and local governments.
Under the Act, employers may not use a pre-employment selection system that encourages discrimination against qualified applicants on the basis of their mental and physical disability. Scope – This article explains the basics of pre-employment testing, the types of selection tools and testing methods, determining which tests are required, a source to review commercially available tests, and how HR practitioners implement and monitor pre-employment testing to ensure it is reliable. valid, legal and effective. This toolkit does not address drug testing. This fact sheet provides technical assistance on some general issues related to federal anti-discrimination laws and the use of testing and other selection procedures in the employment process. Other characteristics can be evaluated in different ways depending on the specific attribute. Some of these tests are classified as medical assessments and cannot be done until the employer has made the job offer. Validity measures the extent to which the conclusions drawn from a test are correct. In other words, does the test accurately measure work-related factors that predict job performance? In the case of a pre-use assessment tool, validity is the extent to which the test or instrument actually measures what it is intended to measure. Test publishers conduct validation studies in accordance with EEOC guidelines and certain industry and professional standards. One of the most widely used and respected examples of these standards can be found through the Society for Industrial and Organizational Psychology. Employers often use tests and other selection procedures to select candidates for employment and employees for promotion.
There are many types of screening tests and procedures, including cognitive tests, personality tests, medical exams, credit checks, and criminal background checks. These types of job-related skills tests are generally allowed as long as they focus on a key function of the workplace. For example, in the example above, typing is often considered an integral part of a secretarial position, and a written test taken with a candidate for a secretary position would likely be legal. On the other hand, testing candidates for a jobless skill may be illegal, especially if it has a negative impact on minorities or other protected groups (known as «discrimination with different effects»). The use of tests and other selection procedures can be a very effective way to determine which candidates or employees are best qualified for a particular position. However, use of these tools may violate federal anti-discrimination laws if an employer intentionally uses them to discriminate on the basis of race, color, sex, national origin, religion, disability, or age (40 years or older). The use of testing and other screening procedures may also violate federal antidiscrimination laws if they disproportionately exclude people from a particular group based on race, gender, or any other covered basis, unless the employer can legally justify the test or procedure. Competencies are also best assessed through demonstration. However, when it comes to vigorous physical activity, safety concerns may outweigh the need for assessment. Many employers prefer the mental ability test, which measures overall intelligence, but it is unclear whether these tests predict job performance, and they often have a discriminatory effect.
For jobs that require frequent learning or mental acumen, an employment-related assessment center is a better option. Aptitude tests measure a candidate`s ability to learn a new skill. Some of the most popular tests taken before or during employment include cognitive tests or those that assess things like a person`s oral, written, and math skills. Although these tests are not uncommon and are generally not overtly discriminatory, they can sometimes illegally affect groups of workers and candidates by discriminating against certain categories.