Even if evidence exists that an employer’s hiring system has an adverse impact, the employer may still prevail if the selection procedure is valid and consistent with business necessity. Tests developed or selected by industrial/organizational psychologists for use in selecting candidates for a particular job are likely to be considered job-related by a court. Accordingly, employers are wise to use professionally developed employee selection devices that have been specifically tested for use with a particular job.

Industrial/organizational consultants also can help employers find tests that are valid in every sense of the term, meaning the consultants will measure jobs through job analyses, develop or select validated tests, and assist in administering such tests to applicants for the purpose of identifying candidates likely to possess the requisite knowledge, skills and abilities necessary to perform the job well.

The U.S. Department of Labor has encouraged the use of tests of this nature. Employers should use employment-related tests with care, however, making sure that the tests:

• Are not used to intentionally discriminate.
• Do not have an adverse impact on protected classes.
• Are job-related for the position in question.
• Are consistent with business necessity.

By considering and documenting all these elements, employers should be in a good position to defend the legality of their employment assessments. The work up front will pay off with lower litigation expenses in the future.

Source: A Hire Standard, HR Magazine, July 2003

This article originally appeared in The Total View, a weekly online newsletter that focuses on hiring, management and retention strategies. The Total View is written and published by Ira S. Wolfe and is distributed with permission by CorporatePersonalityProfiler.com and The Chrysalis Corporation. Subscribe for free to The Total View here.