All this is not to say that there is no benefit to getting to know your personality or that of your colleagues. In fact, I think understanding personality is one of the most useful things you can do if you want to work better with people, create doubts, and take advantage of the differences we all have. Psychological tests become relevant because plaintiffs generally argue that the employer should have known the characteristics of the harmful employee. The examination provides evidence that the employer has fulfilled its obligation to adequately assess a candidate`s suitability. Companies that conduct pre-hire integrity testing to screen candidates can reduce their exposure to negligent hiring claims. This may be particularly important in states where it is difficult to obtain a criminal record or other general information about applicants. Different treatment. In no case was it found that the use of personality tests by an employer in the workplace resulted in unequal treatment of protected groups. However, such a ground could be invoked if the tests were intentionally used to exclude members of protected groups. This would generally include evidence of comparative evidence that members of a protected group were treated differently from members of a majority group. For example, it would obviously be illegal for an employer to test minority candidates, but not majority candidates.
The tests clearly carry risks – allegations of discrimination, in addition to actual evidence of such behaviour. There have been numerous lawsuits related to personality testing under the ADA, Title VII, and ADEA, with questions such as: There are many benefits to understanding human personality. The Greeks considered this so important that they engraved “Know thyself” in the temple of Apollo. (I`m speaking long before hashtags.) Finding the perfect employee is not an easy task in today`s competitive market. In the past, employers were content with standard applications. Today, employers use a variety of selection and audition methods during the interview process. One of these methods is to subject candidates to personality tests that offer certain benefits. However, they must carefully weigh the risks associated with such a recruitment practice.
To understand the benefits and risks of integrity testing, it is helpful to briefly review the different types of tests. There are three basic types of integrity tests: open integrity tests, personality-based interventions, and clinical measures. Many employers require employees and candidates to take personality tests (think Myers-Briggs). Others are seriously considering adding it as part of their hiring and employee engagement efforts. Companies want to get an idea of opinions, attitudes, feelings, motivations, preferences, interests, emotional state, and style of interaction with others. Some believe that this information can help employers make predictions about job performance and success. At the very least, it allows employers to get to know a candidate through more than the traditional interview process. However, these tests raise many legal issues, particularly in the areas of potential discrimination complaints and privacy concerns.
As things stand, personality is not a protected class. These courts have consistently held that a person`s personality is a legitimate and non-discriminatory reason for not hiring an applicant or for taking adverse employment action against an employee. However, personality tests still have a high probability of violating the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act of 1964 (“Title VII”), and the Age Discrimination in Employment Act (“ADEA”). If an applicant proves adverse effects, the burden of proof is on the employer that the impugned practice is professional for the position in question and consistent with the needs of the business. The Uniform Guidelines recognize three methods by which an employer can demonstrate its connection to the work: content validity, criteria validity and construct validity. Content validity is used when the test is very close to the job, such as a written exam for a typist. This form of validation is often used for aptitude tests, but is generally not applicable to personality tests, as these tests do not measure professional skills or knowledge. The validity of the criteria compares the success of the test with the success of critical or important tasks using correlation analysis.