EEOC issues fact sheet on employment tests and selection procedures

The US Economic Opportunity Commission (EEOC) reports that charges of job discrimination based on the use of criminal background checks, credit reports, and other screening tools in hiring increased by more than four times between fiscal years 2003 and 2006. To help businesses understand and comply with the laws related to background checks and other tests, the EEOC has issued a new fact sheet on Employment Tests and Selection Procedures.

Here’s a list of the kinds of tests covered by the fact sheet.

Cognitive tests assess reasoning, memory, perceptual speed and accuracy, and skills in arithmetic and reading comprehension, as well as knowledge of a particular function or job;
Physical ability tests measure the physical ability to perform a particular task or the strength of specific muscle groups, as well as strength and stamina in general;
Sample job tasks (e.g., performance tests, simulations, work samples, and realistic job previews) assess performance and aptitude on particular tasks;
Medical inquiries and physical examinations, including psychological tests, assess physical or mental health;
Personality tests and integrity tests assess the degree to which a person has certain traits or dispositions (e.g., dependability, cooperativeness, safety) or aim to predict the likelihood that a person will engage in certain conduct (e.g., theft, absenteeism);
Criminal background checks provide information on arrest and conviction history;
Credit checks provide information on credit and financial history;
Performance appraisals reflect a supervisor’s assessment of an individual’s performance; and
English proficiency tests determine English fluency.

You should visit the EEOC site and review the Fact Sheet. It includes background, applicable laws, recent decisions and the EEOC recommendations for best practices.

A lot of this boils down to common sense. You should only test for things that are job related and that help you make a hiring or promotion decision. You should test everyone who reaches a certain point in your process without regard to race or gender or age or other similar characteristics. That includes internal candidates for a job as well as people you hire from the outside. And you should apply your criteria in the same way to everyone.