Cushing presentation- Testing Validation

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Presentation Description

Non lawyer presentation of basic validation principles. Does not constitute legal advice, nor is it intended to advise.

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Presentation Transcript

Validation of Testing:

Validation of Testing

Hazards of Improper Test Design:

Hazards of Improper Test Design

Relevance to Essential Job Task: Illustration of Sound Test Design:

Relevance to Essential Job Task: Illustration of Sound Test Design

Need for Test Validation Methods:

Need for Test Validation Methods 1. Problem: Testing not validated or unrelated to essential job duties 2. Two types of preemployment testing Employee has affirmative capacity to perform job duties competently. Inherent issue Employee free from problems that would prevent him or her from performing job functions; e.g., drug testing. NOTE: the first type of testing may expose employer to liability for discriminatory impact. Under the law, tests that have a discriminatory impact may be administered if they pass acceptable validation tests. The second type of test must balance employer concerns against employee privacy interests guaranteed under the US AND California Constitutions.

Validation Methods for Discriminatory Impact Tests:

Validation Methods for Discriminatory Impact Tests 80% Trigger : If any group has less than 80% success rate of another group. Does not validate tests that were designed with disciminatory intent. 1. Criteria Validity : Relatedness to job duties 2. Content validation : Same as 1, but done inductively from the job itself. 3. Construct validity : Specifically applies to cognitive and psychological tests.

Common tests:

Common tests Medical examination: okay so long as does not violate ADA. Physical ability tests Urinalysis a. San Francisco: reasonable suspicion of impairment required. 4. Polygraph Generally frowned upon by courts except in high security areas and government employees.

Improper testing example:

Improper testing example

Proper test administration:

Proper test administration

Improper test administration:

Improper test administration

Valid Testing Guidelines:

Valid Testing Guidelines

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