EEOC Issues Fact Sheet on Employment Tests and Selection Procedures
The U.S. Equal Employment Opportunity Commission (EEOC) on December 3 issued a fact sheet on the application of federal anti-discrimination laws to employer tests and other selection procedures to screen applicants for hire and employees for promotion.
The document does not establish any new mandates but is intended to provide employers with technical assistance in compliance with existing laws administered by the EEOC.
The fact sheet describes common types of employer administered tests and selection procedures used in the workplace, including cognitive tests, personality tests, medical examinations, credit checks, and criminal background checks. The document also focuses on best practices for employers to follow when using employment tests and other screening devices, and cites recent EEOC enforcement actions.
“The use of tests and other selection procedures can be a very effective means of determining which applicants or employees are most qualified for a particular job,” acknowledges the EEOC on the fact sheet. However, their use can violate the federal anti-discrimination laws if an employer intentionally uses them to discriminate based on protected class status, such as race, color, sex, national origin, religion, disability, or age 40 or older. Their use can violate federal anti-discrimination laws even if the employer has no intent to discriminate if the effect is to “disproportionately exclude people in a particular group by race, sex, or another covered basis, unless the employer can justify the test or procedure under the law.”
Click here to view the EEOC fact sheet.
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