WHAT ARE ETHICAL AND LEGAL CONSIDERATIONS
IN PRE-EMPLOYMENT TESTING?

WHAT ARE ETHICAL AND LEGAL CONSIDERATIONS
IN PRE-EMPLOYMENT TESTING?

There are many ethical and legal considerations to take into account when employers conduct pre-employment testing. Prior to implementing a testing program, employers would be wise to seek legal advice to confirm that the testing will not violate any employment or EEOC laws. It is important that tests be reviewed by professionals for reliability and validity to ensure that the characteristics and skills being tested are relative to the job’s essential functions and to be sure that the test is not conducive to bias and/or creating an adverse impact on any class of applicant. Any applicant taking a pre-employment test has the right to privacy and feedback under the American Psychological Association’s (APA) standard for educational and psychological testing. This particular list of rights is not legally enforceable, but the items on the list are ethical considerations of which employers who wish to be viewed as reputable and credible should be aware. These ethical considerations from the APA state that applicants who take pre-employment tests should be able to expect the following rights: * The right to the confidentiality of test results. * The right to informed consent regarding use of these results. * The right to expect that only people qualified to interpret the scores will have access to them, or that sufficient information will accompany the scores to ensure their appropriate interpretation.

* The right to expect the test is fair to all. For example, no one taking it should have prior access to the questions or answers.

There are also legal privacy measures in place to protect applicants. U.S. Supreme Court decisions have produced rulings to protect individuals from privacy intrusions, and the Federal Privacy Act was enacted to give federal employees the right to know what is in their personnel file, and it sets limits on the disclosure of personnel information without the employee’s consent.
Employers can purchase tests that have been validated by credentialed testing centers for consistency and reliability. They can also use the services of a licensed industrial psychologist to administer tests and interpret test results; However, even these tests must be used in the proper manner and can cause problems for employers. For example, some psychological tests can screen out applicants who may test positive for a psychological impairment, which could be challenged under ADA.
No matter what testing method(s) employers choose to utilize when selecting employees, it is imperative that they understand the need for confidentiality in all aspects of testing. In order to protect themselves from lawsuits, it is extremely important for employers to use discretion in their testing methods by only testing for the skills or characteristics that are essential to success in the job.
In addition to confidentiality, some good guidelines to follow when implementing a pre-employment testing program are as follows: * Use tests as supplements to other selection tools, such as interviews and background checks. * Be sure the tests are validated by a professional. * Monitor testing results to be sure they do not show favor towards or discriminate against minorities or protected classes of applicants. * Maintain accurate records of testing and why applicants were rejected based on the test results. * Use a certified psychologist to develop and validate the tests used for job applicants. * Manage the conditions under which the tests are given to ensure all applicants take the test under the same conditions. * Revalidate testing procedures periodically to be sure they are up to date and relevant.
REFERENCE LIST

Dessler, G. (2011). Human Resource Management.(Chapter 6) Upper Saddle River, NJ: Prentice Hall.