EEOC Takes Aim at Personality Tests

At least since the mid 1970s personality tests have been powerful enough to reveal things like the deepest personal needs of subjects undergoing testing. Once computer testing became available, sophisticated cross checks included in the questionnaire coupled with measurements of the time it takes the subject to answer, enabled testers to see indications of deception on the part of the subject. Computers also allow mass screening via telephone or internet 24/7.
Use of personality tests has burgeoned in recent years, becoming a $500 million-a-year industry. However, personality tests, as opposed to simple skills tests, might expose employers to legal difficulties.
At least since 2007 the federal Equal Employment Opportunities Commission has been looking at such workplace tests to see if they are discriminatory. If your company is using personality tests you need to pay attention to what the Commission finds.
According to Christopher Kuczynski, EEOC acting associate legal counsel, quoted in this article “if a person’s results are affected by the fact that they have an impairment and the results are used to exclude the person from a job, the employer needs to defend their use of the test even if the test was lawful and administered correctly,”
In other words, in the world of regulatory enforcement even if you are innocent you might still have to prove you’re not guilty!

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