EEOC Review of Integrity Testing

Integrity testing has been used by employers for well over two decades to help identify productive employees that will not engage in various forms of workplace counterproductivity (e.g., theft, turnover, illegal drug use, safety infractions). L...

Debunking 4 Personality Testing Myths

Recently, I responded to an article that incorrectly spelled out four reasons to avoid personality testing in the hiring process. The article said that personality tests: Screen out great candidates Have flawed results Create privacy risks Cause...

What You Can Ask During a Job Interview

Do you know what you can ask during a job interview? Improper or inadvisable questions can lead to costly lawsuits. In short, you must know what you can’t (and shouldn't) ask during a job interview. Let's take a look at the following example: On October 28, 1992, John Otero went into a Wal-Mart store in Las Cruces, New Mexico to i...

What is Disparate Impact?

In simple terms, disparate impact occurs when a practice or hiring standard that is neutral and non-discriminatory in its intent has a disproportionately negative impact on individuals within certain subgroups protected by civil rights laws (e.g., race, gender, age). Many hiring practices exhibit disparate impact, including:...

Reasonable Employment Testing Accommodations

Reasonable accommodation has long been recognized as an essential component of the hiring process, including the administration of assessments. Additionally, it is legally mandated under the Americans with Disabilities Act (ADA). While the ADA does not define reasonable accommodation, it provides...

House Appropriations Bill Blocks Implementation of EEOC Guidelines

On April 25, 2012, the EEOC released new guidelines regarding employers’ use of criminal conviction information in the employment process. In the wake of the release of these guidelines, the business community, as well as other interested parties, has indicated that the guidelines go way too far in their restriction of employers' use of...