Do the use of employment tests during the selection process to screen applicants for hire and employees for promotion create a liability?
In short – they could. The use of tests can be an effective means of determining the best qualified candidate for a particular job. These tests may include cognitive tests, physical tests, job task tests, English proficiency tests, personality tests, medical examinations, credit checks, and criminal background checks. Employers need to beware that tests may discriminate based on race, color, sex, national origin, religion, age, disability or any other characteristic protected by law violate federal and state anti-discrimination laws if they disproportionately exclude people in a particular protected group. With respect to scoring tests, Title VII says that employers are not permitted to: (1) adjust the scores of, (2) use different cutoff scores for, or (3) otherwise alter the results of employment-related tests on the basis of race, color, religion, sex, or national origin. Title VII also prohibits employers from using neutral tests that have the effect of disproportionately excluding
