If you use a test to screen job applicants, make sure it isn't unfairly blocking certain groups.
Dupont used a written test for entry-level jobs at a Waynesboro, Va., manufacturing plant, but the U.S. Labor Department said it unfairly eliminated qualified female applicants. Now the employer is paying 31 women a total of nearly $500,000.
If you are testing applicants:
- Make sure the exam complies with federal and state statutes, such as the Americans with Disabilities Act.
- Be prepared to explain what every test measures and why you need it. Success on the job must be closely correlated to test success.
- Check that pass rates aren't disproportionate for certain groups of applicants. If the pass rate for a protected group is less than 80 percent of the pass rate of the group with the highest selection rate, a court is likely to find it discriminatory.
For help locating a qualified professional testing service, contact the Society for Industrial and Organizational Psychology at (419) 353-0032.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Little incidents can become harassment over time
- Courts say, 'Enough!': Employees must file all related claims at same time
- Whistle-blower law insulates noncomplaining workers, too
- How to head off race bias lawsuits: Have the hiring manager also handle firing