Pre Employment Tests Legal
Medical examinations determine whether a candidate can perform the essential duties of a particular position (e.g., bending, lifting, walking and sitting). The ADA prohibits medical examinations prior to the offer. See Tests: Physics: What are the compliance issues when performing physical exams before hire? Job tests are typically standardized devices designed to measure skills, intellect, personality, or other traits, and they provide a score, score, description, or category. However, under the 1978 Uniform Guidelines for the Selection of Workers published by the Equal Employment Opportunity Commission (EEOC), any condition of employment set by an employer is considered a “test”. Unlike many of the above methods of assessing potential employees, aptitude tests are generally extremely effective predictors of workplace performance. It is also important to note that the use of a test that causes negative effects is legal as long as it is job-related and compatible with the needs of the business. Most of the best practices for recruitment testing described earlier in this guide are intended to provide details on how companies can ensure that the tests they use are job-related. In addition to ensuring that an assessment program is legal, by adhering to the rule of professional kinship, a company can be assured that its testing program is effective, as the tests measure skills, abilities or characteristics related to the job. 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.
EEOC and other regulations – The hiring success® system is fully compliant with EEOC, ADA, ADEA and other recruitment tests laws and regulations. Read Lewis and Wagner`s report on the personality profile of hiring success®. Commercially available tests used in employment decisions should be researched using a reliable guide. Unfortunately, many commercially available employee selection tests do not meet the necessary criteria to be used in job tests. The Equal Employment Opportunity Commission (EEOC) enforces recruitment testing laws that prohibit the use of recruitment tests that discriminate against prospective and existing employees. The Equal Employment Opportunity Commission (EEOC) enforces labor laws, and these laws affect almost every aspect of the hiring process. It also provides a brochure “Recruitment Tests and Selection Procedures” to raise employers` awareness of legal issues prior to recruitment. Like all other elements of a company`s hiring process, hiring tests are subject to a number of federal laws that govern hiring practices. The main legal standards relating to testing are contained in the Uniform Guidelines on Employee Selection Procedures (UGESP), which explicitly recognize the right of employers to make hiring decisions prior to hiring, provided that these tests are professional. The UGESP provides interpretive guidance to federal civil rights law enforcement agencies and is designed to ensure fairness and prevent unjust discrimination in hiring. These guidelines serve the decisions of the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing federal laws on discrimination in the workplace. The process of deciding which tests to use begins with the isolation of the KSAO that the new employee must possess on Day 1.
In other words, what does the person need to know and be able to do without additional on-the-job training? Once the list of KSAO is established, the employer may consider testing options. Honesty and integrity tests measure an applicant`s propensity to engage in undesirable behaviours, such as lying, stealing, drug use or alcohol abuse. Two types of tests assess honesty and integrity. Open integrity tests ask explicit questions about honesty, including attitudes and behaviors related to theft.