Blog Post: Testing In The Workplace - Look Before You Leap

One tool available to employers in making employment decisions brings us back to grade school: TESTS!

If you decide to use tests in your workforce, consider the following:

• Selection and administration of tests should be done deliberately, by trained managers. Haphazard use can be trouble.
• Select tests that have been validated by research.
• Consider what you will learn from the test – will you discover necessary information, or unnecessary protected information?
• Determine what you will do with the information learned before you have it. This process will ensure that you only dig out information that is truly useful to business missions that you can articulate.
• Any tests that has an adverse impact on one group or another (i.e., on employees who are over 40 or certain racial minorities, etc.) should immediately be discontinued.
• With all tests, provide reasonable accommodation to those employees with disabilities.

As with any tool, tests are only as effective as they are methodically applied. With guidelines and mindful application, testing can be a great resource. Used recklessly, they can result in “keep my card…call me!” legal liability.

Find the EEOC Guidance on testing at http://www.eeoc.gov/policy/docs/factemployment_procedures.html

This article is intended as a general discussion and information on the topic covered, and is not to be construed as rendering legal advice. If legal advice is needed, you should consult an attorney. This article may not be reprinted or reproduced in any manner without prior written permission of the author.

Laura J. Hazen is a Director at Ireland Stapleton Pryor & Pascoe, P.C. In her employment practice, Hazen provides day-to-day advice and coaching to public and private companies on various employment matters. She also has an active litigation practice where she concentrates on representing business in all aspects of complex business and employment disputes. You can contact her by email at lhazen@irelandstapleton.com or by phone at 303-623-2700.