Validation of Employment Testing

Validation of Employment Testing: 

Validation of Employment Testing by Svetlana Oransky

Employment Testing Background: 

Employment Testing Background Solution to workplace personnel problems, ineffective hiring programs, incompatible placement of employees . D isparate impact on protected groups. Remember: Pursuant to Title VII of the Civil Rights Act of 1964, where adverse impact has been shown, the test may still be used if it has been professionally developed and validated (Bennett-Alexander & Hartman, 2009 p. 153) Source: (Bennett-Alexander & Hartman, 2009)

Testing and Discrimination: 

Testing and Discrimination Do not wait for lawsuit- evaluate tests before use. Four/fifths or 80% rule Once a disparate impact demonstrated, look for less harmful test. “Under no circumstances will the general reputation of a test or other selection procedures, its author or its publisher, or casual reports of its validity be accepted in lieu of evidence of validity” V alidated selection procedures do not relieve employers of affirmative action obligations and provision of equal employment opportunity Source: http://www.uniformguidelines.com/uniformguidelines.html

Employment Testing Categories: 

Employment Testing Categories Eligibility Test- e.g. achievement tests, personality indicators; designed to find the best person for the job. NOTE: Police services Physical Readiness Evaluation test, Ineligibility Tests- e.g. drug test, polygraph. E nsure that the individual is free of problems that would prevent the performance of the job’s functions. NOTE: Eligibility testing may be neutral in face, but have a discriminatory impact on protected classes nevertheless. For example… Source: (Bennett-Alexander & Hartman, 2009 )

Griggs v. Duke Power Co. (1971), p.112: 

Griggs v. Duke Power Co. (1971), p.112 The day Title VII became law, company implemented new rules that had a disparate impact on African American workers. Subtext: only African Americans worked in lowest levels of the company. It was known that their education level will prevent the ability to pass the new tests. Ruling: Title VII outlaws a practice that “can not be shown to be related to job performance” Questions: Should employer intent matter? P. 97 on disparate impace

Albemarle Paper Co. v. Moody (1975) p. 156: 

Albemarle Paper Co. v. Moody (1975) p. 156 The company imposed a requirement for skilled labor positions to have a high school diploma and pass two tests. Ruling: The court echoed Griggs ; Not job related. Only proof of ‘business necessity’ can justify tests which discriminate against Title VII groups. NOTE: These two cases put employers on alert regarding the EEOC’s commitment to create equal employment opportunity. Source: http://www.workingforamerica.org/documents/PDF/EmploymentTestsFinal8.pdf Source: (Bennett-Alexander & Hartman, 2009 )

Evans v. City of Evanston: 

Evans v. City of Evanston Female applicant for firefighter position claimed the physical test had disparate impact on women. The fire department’s defense is validity . It is related to the ability to perform the job. Ruling: The test is Validated, and therefore can be applied legally.

BFOQ: 

BFOQ BFOQ: Bona Fide O ccupational Q ualification reasonably necessary for the operation of that particular business or enterprise. The employer must show that it would be impractical to evaluate if each individual of the discriminated group could qualify for the position. Example: show that after a certain age most people have deteriorated vision. Thus when vision is BFOQ, the employer can discriminate against age. A form of legalized discrimination, narrowly interpreted by the courts (SWA example). Not available for race and color

Uniform Guidelines on Employee Selection Procedures by EEOC: 

Uniform Guidelines on Employee Selection Procedures by EEOC Criterion Related Validation Content Validation Construct Validation empirical data demonstrating that the test is predictive of or significantly correlated with important elements of job performance should consist of data showing that the content of the test is representative of ‘important aspects of performance on the job’ data showing that the test measures the degree to which candidates have identifiable characteristics which have been determined to be important in successful performance in the job. NOTE: Technical standards for validity studies are complex, comprehensive, and methodical, thus it is beyond the scope of this presentation. For more information, please go to: http://uniformguidelines.com/uniformguidelines.html#20

Summary:: 

Summary: Employment related tests can be illegal under the Title VII due to D isparate Impact on protected groups. 4/5 or 80% Rule- a test for discrimination Screening devices may still be used when disparate treatment proven; Test Validation, Business necessity There may alternative tests- less harshly impacting