Weekly Employment Updates

Be Careful What You Ask on Pre-Employment Tests to Avoid a Multimillion Dollar EEOC Action

The U.S. Equal Employment Opportunity Commission recently reached a $2.8 million settlement in its challenge to Target's pre-employment testing, which alleged that several questions on the tests had a disparate impact on candidates on the basis of race or sex. The challenge also claimed that a separate assessment administered by psychologists constituted a psychological exam, which was an impermissible pre-employment medical examination under the Americans With Disabilities Act.

Any pre-employment test must be related to the job and the skills pertinent to doing the job and consistent with business necessity.

EEOC has published a fact sheet outlining its view on pre-employment testing. EEOC is most skeptical of tests that measure skills like personality or communication and that measure general intelligence. Employers should therefore carefully review their pre-employment testing and screening methods to ensure there are no adverse impacts on a particular group, and that any questions that could possibly constitute a psychological assessment are removed.

Please follow link for Fact Sheet



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