Posted by Mark Sarro on Tue, Jul 07, 2009
Often time's employers find it helpful to evaluate their employees or employee candidates by having them take a personality test, but it has now been long debated as to the legality and accuracy of such tests being used. The fact is that the use of personality tests by employers is illegal in several states, and in those states where they are legal, the question of employee discrimination and state invasion of privacy is often raised.
The best defense against using a test that may cause the potential for a lawsuit is to consider the following: 1. If using a third party test; is the test appropriate for the job that the current employee or applicant is pursuing? 2. Is the test issuer a reputable company? 3. Has this particular test caused any previous discrimination or invasion of privacy lawsuits? (Ask the test provider) 4. Has the test been validated by the EEOC (Equal Employee Opportunity Commission)? 5. Ask for an opinion letter concerning the test's lawfulness under employment discrimination laws and are the tests permissible in your state?