Work sample tests give applicants a chance to not only show what they know, but to show that they know how to apply skills and abilities to the work environment.
Confirmation is a very important aspect of the testing process.
Similarly, these guidelines do not pertain to the question of the lawfulness of a seniority system within the meaning of section 703(h), Executive Order 11246 or other provisions of Federal law or regulation, except to the extent that such systems utilize selection procedures to determine qualifications or abilities to perform the job. These guidelines apply only to persons subject to Title VII, Executive Order11246, or other equal employment opportunity requirements of Federal law. These guidelines do not restrict any obligation imposed or right granted by Federal law to users to extend a preference in employment to Indians living on or near an Indian reservation in connection with employment opportunities on or near an Indian reservation. Procedure having adverse impact constitutes discrimination unless justified.
These guidelines do not require a user to conduct validity studies of selection procedures where no adverse impact results. These guidelines are based upon and supersede previously issued guidelines on employee selection procedures.
However, all users are encouraged to use selection procedures which are valid, especially users operating under merit principles. These guidelines have been built upon court decisions, the previously issued guidelines of the agencies, and the practical experience of the agencies, as well as the standards of the psychological profession. These guidelines will be applied by the Equal Employment Opportunity Commission in the enforcement of title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (hereinafter "Title VII"); by the Department of Labor, and the contract compliance agencies until the transfer of authority contemplated by the President's Reorganization Plan No. These guidelines apply to tests and other selection procedures which are used as a basis for any employment decision.
To its credit, Target did discontinue use of those tests while the investigation was still pending.
While this particular case did not actually involve a federal contractor or the OFCCP, it is still instructive. First, the OFCCP scrutinizes pre-employment tests at least as closely as does the EEOC.
They are then asked survey questions that result in a validation report and defensible, job-related cutoff scores.
Testing is critical in this modern office environment.
The preliminary interview, job history check, in-depth interview results and evaluation of education, experience and other pertinent factors should be considered as well. EXAMPLE: Out of 120 job applicants (comprised of 80 white and 40 minority), 48 whites were hired and 12 minorities were hired. Many were very far off target but all of them were supposedly validated instruments. Let's say that a company has designed a test that measures communication styles and that the personality assessment is very effective.
Under the Uniform Guidelines on Employee Selection Procedures, adopted in the 1970's, validation of any part of the hiring process (assessments included) was no longer deemed necessary unless a company was not meeting the 4/5ths Rule in either hiring or promotional practices. The validation studies for any assessment instrument are only an objective measure that evidences that the test actually measures what it purports to measure, and in this particular case it is communication styles.
These guidelines are intended to be consistent with existing law. 1 of 1978, in the administration and enforcement of Executive Order 11246, as amended by Executive Order 11375 (hereinafter "Executive Order 11246"); by the Civil Service Commission and other Federal agencies subject to section 717 of Title VII; by the Civil Service Commission in exercising its responsibilities toward State and local governments under section 208(b)(1) of the Intergovernmental-Personnel Act; by the Department of Justice in exercising its responsibilities under Federal law; by the Office of Revenue Sharing of the Department of the Treasury under the State and Local Fiscal Assistance Act of 1972, as amended; and by any other Federal agency which adopts them. Employment decisions include but are not limited to hiring, promotion, demotion, membership (for example, in a labor organization), referral, retention, and licensing and certification, to the extent that licensing and certification may be covered by Federal equal employment opportunity law. These guidelines apply only to selection procedures which are used as a basis for making employment decisions.