What are the legal issues regarding using assessments for employment purposes?
From a legal standpoint, the bottom line for any selection procedure, including the use of employment tests, is that it does not result in “adverse impact.” The Uniform Guidelines on Employee Selection Procedures (1978) indicates that adverse impact occurs “when a substantially different rate of selection in any employment decision works to the disadvantage of members of a race, sex, or ethnic group.” The Uniform Guidelines provide an employer with the following two basic options if adverse impact does occur as a result of using a particular selection procedure: 1) Either the adverse impact must be eliminated by modifying the selection procedure, or 2) the selection procedure itself must be justified by validity evidence. Please consult legal counsel in your organization regarding any concerns you may have about adverse impact or other legal matters pertaining to the use of employment tests.
