Employment Skills Testing

In: Business and Management

Submitted By kvankampen
Words 3758
Pages 16
Pre-Employment Skills Testing and the Law
Karen VanKampen
April 2009

Table of Contents
|Introduction…………………………………………………………………………………. | |
|The Laws That Apply to Pre-Employment Skills Testing………………………………….. | |
|The Benefits in Pre-Employment Skills Testing……………………………………………. | |
|The Controversy / Risk in Pre-Employment Skills Testing………………………………… | |
|Cases / Examples…………………………………………………………………………… | |
|Recommendations………………………………………………………………………….. | |
|Bibliography……………………………………………………………………………….. | |

When seeking the best candidates for open job positions, employers (private and public sector) use a variety of legal means to screen and select viable candidates. Many employers use tests to identify the most suitable candidate to perform the job. The types of tests used by employers may include skills tests, psychological tests, strength tests, medical tests, personality tests and drug tests.
There is much controversy on the use of employment testing because, although not the ethical organizations’ intention, the tests may be viewed as and proven to be discriminatory. Therefore, employers must understand the laws that apply and take special care in selecting the type of tests it uses, the content of those tests and the processes applied to compare…...

Similar Documents


...Job Competency and Employment-At-Will Professor Ilya Enkishev, Strayer University LEG500, Assignment 1 April 16, 2012 Assignment 1, Scenario 1: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: As a manager and supervisor, it is my responsibility to see that employees in my department are successfully contributing to the firm. The new employee, Jennifer, has been hired under the assumption that she is capable of fulfilling the specific responsibilities within her position. I would first meet with Jennifer to discuss the status of her projects. During this session, I would encourage her by stressing the importance of her position and how its contributions directly influence the success of the firm. The two of us could review her project timelines and the steps and skills needed to meet each deadline. By reviewing the late and incomplete status of her assigned tasks, she would gain a broader, more objectionable understanding of how her work is assessed by the firm. I would assure her that her......

Words: 1129 - Pages: 5

Psychological Testing

...Psychological Testing PSY/435 February 25, 2012 Psychological Testing Psychological testing is a recognized way to measure an individual’s knowledge, skill, abilities, characteristics, traits, and behavior. This type of testing is a way to introduce an individual’s personality, and a tool to help organizations select the appropriate employee. The ability test, personality test, and emotional intelligence test are just a few of the many tests available. A good test is one that is reliable and valid. A reliable test will work the same each time it is administered, and a valid test measures what it intends to measure. Although ethical issues exist, many psychological testing is both valid and reliable, and is a benefit for the employee and organization when used appropriately (Spector, 2008). Psychological Testing in the Workplace “A psychological test is a standardized series of problems or questions that assess a particular individual characteristic” (Spector, 2008, p. 110). These tests are often used to evaluate an individual’s knowledge, skills, and abilities, and include items that specify his or her characteristics of interest. Multiple items on the test provide better reliability and validity compared to single-item tests (Spector, 2008). Psychological tests are typically easy and quick to apply and can assess several characteristics in one test (Spector, 2008). Ability Test An ability test is similar to the aptitude test, in which it tests an individual’s......

Words: 1518 - Pages: 7

Genetic Testing and Employment

...Genes are sequences of DNA that determine what characteristics people inherit.Gene Testing is an analysis of a person DNA. It can provide valuable data that may be useful in regards to diagnosing, treating and preventing certain diseases. Through DNA testing scientist can determine whether you are more prone to developing specific illnesses throughout the course of your existence. Geneticists look at different DNA sequences and can tell if you have inherited certain diseases. Some different reasons for using genetics test are testing for cancer, alzheimer's, liver disease, kidney failure hormone deficiencies and mental retardation. Overall the are more than a 1000 different DNA test available. The positive aspects of gene testing is that it could save a persons life and possibly help prevent future illnesses. Some downsides of DNA Test are sometimes they can be inaccurate. The results are not always 100% right because things such as contamination or error can change the results. These type of test may also affect someone emotionally because they were unaware they had a an illness. The risks of prejudice, social stigmatization, anxiety and stress may prevail over the advantages of the test to begin with. Discrimination in the system is a known factor and has been going on for a long time. People are discriminated every day due to age, culture, creed, gender, sexual orientation and religion. The GINA (Genetic Information Nondiscrimination Act) was put in place to prevent......

Words: 715 - Pages: 3

Pre Employment Testing

...In Unit three we are required to address pre-employment testing as a means for i improving the hiring process within our trucking company. Using pre-employment testing eliminates bias in the interview and selection process it can also reduce costs in recruiting, hiring and training candidates. What tests are used depends on the company and the positions that are being hired for. In this situation one of the tests that should be used would be a drug and alcohol test. This test is important in that we are hiring for drivers and we want safe drivers and those that don’t have an issue with drugs and alcohol. With that said another test that would be recommended is a criminal background check. Along with the drug testing the criminal background would should if the candidates have had an issues in the past regarding DUI’s, drug charges and how current they are. We have to be careful when using this information in our hiring process. Another pre- employement test would be a drivers test along with a DMV check to be sure that the candidate is capable of operating the trucks that they will be using as well as legal to operate a motor vehicle. I would also recommend a personality test; this test would assess a candidates characteristics and how they would handle a particular situation. Lastly I would also require that the candidate do a physical exam; doing this exam will give the company a great idea what type of...

Words: 445 - Pages: 2

Ethical and Legal Considerations in Pre-Employment Testing

...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......

Words: 611 - Pages: 3

Fresh Grads Lack of Employment Skills, Is That True?

...What is the Research Topic you are responsible for Whether the lack of Employment Skills are due to their Education • To help fresh graduates better understand the importance of Employment skills • What is the relationship between Qualifications vs. Experience? • How does Employment Skills going to help in the current workforce? What are the Findings from your Research on this Topic (point form is ok) • On top of the STEM skills that they are require to learn in their higher education academics, employers are facing a hard time dealing with their emotional intelligence. • Employers believe that applicants (fresh graduates) are lack of “communication and interpersonal skills.” • Emotional Intelligence referred as soft skills such as communication, critical thinking, creativity, collaboration and problem solving. • Employers are worried if they have the competencies requirements and be able to work with others. • Employer faces challenges on finding the right applicant to fit in the vacancy as they are having problems finding people with soft skills. In particular mentioned applicants are lack of self- motivation, interpersonal skills, self-image, punctuality and flexibility. • Employers’ prefer applicant that have completed a graduate fellowship. • Employers are more attracted to students’ abilities to communicate with natural influence, engage and coordinate the work, dominate projects, work in a group and with several groups. White M. (2013). The Real......

Words: 920 - Pages: 4


...NORFOK AIRPORT AUTHORITY® 2200 Norview Avenue Norfolk, Virginia 23518 (757) 857-3405 EMPLOYMENT APPLICATION AN EQUAL OPPORTUNITY EMPLOYER Norfolk Airport Authority® is an equal opportunity employer. In accordance with state and federal laws, employment offers are tendered solely on the basis of qualifications without regard to race, religion, color, national origin, age, sex, disability, genetic information or veteran status. If hired, this Employment Application will become part of your employment record. Please type or print with ink, answering all items completely and accurately, using “no,” “none,” or “not applicable,” as appropriate. We will give this application consideration, however, in accepting it; the Authority makes no commitment of employment. This application will remain active for the position applied for for a period of six months from the date completed, after which time you are permitted to reapply in accordance with established Authority procedures. PLEASE PRINT ALL INFORMATION ALL QUESTIONS MUST BE ANSWERED GENERAL INFORMATION Position Applied For: Name: Last First Middle Position Number: Home #: Work #: ( ( ( ) Yes No May we contact you at work? Address: Street City State Zip ) ) E-Mail: (E-Mail address is optional, but will give our office an alternate method of contacting you) Alternate #: Social Security Number: Are you 21 years of age or older? Are you legally authorized to work in the United States? Have you......

Words: 2098 - Pages: 9

Employment Tests

...Pre-employment tests are used to screen job applicants and can include testing of cognitive abilities, knowledge, work skills, physical and motor abilities, personality, emotional intelligence, language proficiency, and even integrity. Drug testing can also be utilized as part of the pre-employment process. Companies use testing to find the candidates most likely to succeed in the open positions and to screen out those who are unqualified. Why are they used? By helping companies identify the candidates most likely to perform well on the job, pre-employment testing can lead to additional company benefits, such as saving time and cost in the selection process, decreasing turnover, and even improving morale. According to a survey by the American Management Association, “Almost 90 percent of firms that test job applicants say they will not hire job seekers when pre-employment testing finds them to be deficient in basic skills” (Greenberg, 1996, p. 24). What are the key issues in using pre-employment tests? While there can be dramatic benefits gained from using testing in the employee selection process, there are potential issues companies need to understand prior to implementing any tests. The first issue is validity; whether or not the test measures the specific criterion it is supposed to measure and can predict future job performance or success. An employer should be able to demonstrate that those who do well on the test do well in performing the job and those who......

Words: 624 - Pages: 3

Evertz Employment Testing

...Evertz Employment Testing Executive Summary The following investigative report seeks to determine what kind of employment testing Evertz Microsystems Ltd. uses and if this testing is valid and reliable enough to use when hiring for IT desktop and networking positions within the company. The type of test Evertz uses is a job knowledge test called The General Networking Test, administered by hiring managers. The type of questions the employment test ranges from is defining common terminology, solving problems to labeling diagrams. Job knowledge tests assess job applicants’ or employees’ knowledge of issues or procedures that are considered essential to successful job performance. This test measures whether the candidate has the knowledge the company is looking for to be a successful employee at Evertz. This test allows Evertz to make predictions about how a candidate will respond across a range of very different work-related activities. The test is administered as one of the final stages in the hiring process. Once a hiring manager feels that the candidate could be a potential employee, the test is given in order to determine if the candidate is actually familiar with the basics of the IT field. Without this crucial knowledge, the job cannot be done. The following report touches on some aspects of reliability and validity. In particular, content, construct and criterion-related validity are examined. Questions of validity are asked to determine if the test does...

Words: 2663 - Pages: 11

Employment Law

...Employment Law Compliance Plan Carrie "Shellie" Cobbs Human Capital Management HRM 531 Linda Johnson March 15, 2015 Employment Law Compliance Plan atwood and allen consulting memorandum to: Traci Goldeman from: Shellie Cobbs subject: Employment Law compliance plan for Landslide Limousine date: March 15, 2015 cc: Bradley Stonefield I have researched several employment laws for Mr. Stonefield’s Landslide Limousine Company and there are four laws that I will outline for Mr. Stonefield to consider complying with in his new business venture. I will discuss in this memo the Civil Rights Act of 1964 regarding employment discrimination, The Americans with Disabilities Act of 1990 regarding people with disabilities, Equal Pay Act of 1963 regarding wage discrimination between men and women, and lastly the Texas Minimum Wage Act regarding the least amount of an hourly wage payable in the state of Texas. I will give a brief summary of each of the four Acts and consequences for noncompliance. Civil Rights Act of 1964 The Civil Rights Act of 1964 is regulated and enforced by the Equal Employment Opportunity Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, assistance, or subsidies The Civil Rights Act of 1964 applies to you. The EEOC “enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training,......

Words: 2776 - Pages: 12

Employment at Will

...Employment-At-Will Doctrine Strayer University Professor LEG 500 Law, Ethics, and Corporate Governance The Employment-At-Will doctrine continues to be favored by employers and employees in various forms thru out numerous types of companies. The doctrine gives employers and employees the right to terminate terms of their employment “for a good reason, a bad reason, or no reason at all” (Halbert Ingulli, 2012, page 46). There are some restrictions to the at- will doctrine in which an employer may not terminate an employee’s employment. Some of the following restrictions are “employer from terminating employees in violation of well-established public policy of the state”, “filing a workers' compensation claim after an on-the-job injury” and/or “refusal to violate the law at the employer's request” in the article Employment-At-Will Doctrine. The following violations can best be classified under three main exceptions to the At-Will place of employment. They are Public Policy, Discrimination or retaliation, and Implied Contract. We will discuss the three examples of scenarios and one real world situations and see if they fall into one of the three exceptions to At-Will employment. The first example is scenario three, Bill using his company-issued BlackBerry to run his own business on the side. Let’s assume that when Bill was given the blackberry, he signed a company property agreement form stating usage and restrictions. In the company property agreement form, it never...

Words: 1826 - Pages: 8

Employment Law and Selection Testing

...I have selected to write about employment laws and court cases in selection testing and assessment. I chose this topic because I have always found laws surrounding business practices to be very interesting and complex. I find the entire selection and recruiting process to be interesting, as well as the different selection practices among businesses. In addition to personally finding this process interesting, it adds a lot of value to me as a future HR professional, as well as to any future employers. Writing this paper will allow me to learn about the different selection testing and assessment tools used by businesses, as well as the different laws involving selection testing. It will help me understand selection testing and assessments better in case I ever need to lead a project regarding a company’s selection testing and assessments or if I am ever involved in anything related to selection testing. I think it will bring me great knowledge to review cases and court ruling about selection testing. It will also benefit me if I decide to become an entrepreneur and open up my own business. I will have an idea of what I can and cannot do when it comes to employee selection testing or assessments if that is the way I will be selecting candidates due to a business necessity. Overall, I believe that I will benefit the most in writing this paper. It will help me develop an area of knowledge as a future HR professional, and it will also help my endeavors with any future employers....

Words: 259 - Pages: 2

Hr Management - Pre Employment Selection Testing

...PRE-EMPLOYMENT SELECTION TESTING With globalization, the market has become increasingly demanding and competitive. There is a demand for a range of goods and services, and to survive in this competitive environment, organizations need to align their strategic intent in line with the market requirements. The strategic intent thus shapes the mission statement of the organization, the structure of the organization and the values it follows. The organization then sets its performance goals according to its strategic intent. To achieve these performance goals it has become imperative for organizations to have competent people. Pre-employment selection tests help organizations identify and develop these competent people and play a major role in the today’s hiring process. These tests consist of one or multiple series of tests used to collect information from candidates for the purpose of aiding in hiring decisions and career development. They are also designed to measure how well the candidates communicate, solve problems, handle change, deal with stress, and manage subordinates, in addition to determining whether they have the specific skills and abilities required to perform the job. Employees affect an organization’s performance and profitability, and hiring qualified people costs the company time and money. Although the process of designing and developing job specific tests can sometimes be costly, selection tests can be quite cost effective in the long run as they...

Words: 3439 - Pages: 14

Pre-Employment Testing

...When conducting prescreening testing, it is important to be cognizant of the validity, reliability and implementation of the testing. Employers must also be mindful of Equal Employment Opportunity laws, such as Title VII, and ensure they are being examined and followed throughout the prescreening process in effort to avoid being contested in court (Quast, 2011). Employers must avoid personal questions that are not related to job performance. It is important to understand that these tests are not 100 percent accurate, and therefore not to be relied on solely in candidate selection (Quast, 2011). Though there are many different prescreening tests that can be, and are used today, a few include cognitive tests, personality tests, job knowledge, polygraph tests, interviews, drug screening, credit checks, and criminal background checks. Cognitive testing uses questions to test the applicant’s comprehension and problems solving skills, especially with multifaceted tasks. This type of testing can be helpful to test an applicant’s ability to problem solve when related to job complication. The validity and reliability of cognitive ability tests is high because they can be used as an indicator of the employee’s upcoming successes (OPM.gov, Cognitive Ability Tests). Job knowledge testing is similar to a written exam in that applicants are tested on their knowledge related to the job they are interviewing for. Unlike cognitive testing, job knowledge testing only tests on current......

Words: 1143 - Pages: 5

Employment at Will

...Employment At-Will Virginia Knight Professor Augustine Weekley LEG500 Law, Ethics, & Corporate Governance July 22, 2012 As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need you attention. The first scenario is as follows: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells’ her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. Based on the employment-at-will doctrine, the firm is legally allowed to terminate her employment. Even if they specified that an employee would only be terminated “for not doing their job successfully” (NCSL Home, 2012), they would still have legal right. Documentation is very important when an employee is not performing their job functions as agreed upon. The supervisor should document instances when things were not done to company standards, and make certain that the instances are brought to the employee’s attention as......

Words: 1370 - Pages: 6