There are several laws tire dealers should follow when it comes to using assessments, including personality tests, in an employment situation. Below are several laws you must be compliant with when using personality testing:
• Title VII of the Civil Rights Act (CRA) of 1964, as amended: Title VII authorizes the use of professionally developed ability tests in making employment decisions. Only instruments that are not designed, intended or used to discriminate against a particular group may be used.
• Age Discrimination in Employment Act of 1967, as amended: This act prohibits discrimination against employees or applicants 40 years or older in all aspects of the employment process. Discrimination in testing and assessment is prohibited under this act.
• Uniform Guidelines on Employee Selection Pro-cedures – 1978: One of the basic principles of the Uniform Guidelines is that it is unlawful to use a test or selection procedure that creates adverse impact, unless justified. Adverse impact occurs when there is a substantially different rate of selection in hiring, promotion, or other employment decisions that works to the disadvantage of members of a race, sex, or ethnic group.
• Title I of the Americans with Disabilities Act of 1990: The law prohibits employers from discriminating against qualified individuals with disabilities. Prohibited discrimination includes a failure to provide reasonable accommodation to persons with disabilities unless doing so would pose an undue hardship. Title I of the ADA also prohibits the denial of admission to an employment-related apprenticeship, counseling, or training program on the basis of a physical or mental disability.
Federal, state and local laws continue to change and evolve, so dealers are encouraged to consult with legal advisors before instituting any assessment programs.
Source: Testing and Assessment: A Guide to Good Practices for workforce Investment Professionals, by the U.S. Department of Labor Employment and Training Administration.
