Employment Testing Blog

Is pre-employment testing legal?

  

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We get this question from time to time and the answer is yes, of course.  We wouldn't be here if that wasn't the case.....

Pre-employment tests are an extremely valuable tool to learn more about your candidate's skills, knowledge and aptitude for specific jobs.   Just like with any screening tool, it's not the sole decision point on whether or not to hire a candidate.  But our tests can complete the picture of the person's abilities.  You can't consistently rely on your "gut feeling" or instinct to make good hiring decisions.

Our tests follow the guidelines of the US Department of Labor and the EEOC.  Our test creators follow the guidelines of the American (and Canadian) Psychological Association.  There have never been any claims of adverse impact against our tests.A tremendous amount research and analysis is put into every single test we offer, making sure the questions are fair and the topics are covered succintly and accurately.

Of course, as with any tool, the tests can be misused.  This can happen when the test being used is not related to the needs of the position.  An extreme example would be when a Microsoft Office test is given for a custodial/janitorial position.    Another example would be when certain candidates are coached or given a higher level of assistance in completing the test. 

So yes, it is perfectly legal to use our tests for pre-employment screening.  Although we are not lawyers, we can provide some guidance on pre-employment testing best practices and tests that might be appropriate for your job families.