EEOC Issues Fact Sheet on Employment Tests and Selection Procedures

On December 3, 2007, the Equal Employment Opportunity Commission (EEOC) issued a fact sheet on employer-administered tests and other selection procedures. Issued in response to an observed increase in employment testing and employment testing-related charges, the fact sheet describes recent EEOC enforcement actions that illustrate principles on testing and focuses on best practices for employers to follow when using employment tests and other screening devices. Such devices, including cognitive tests, personality tests, medical examinations, credit checks and criminal background checks, can violate Title VII, the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act (ADEA) if used to intentionally discriminate based on race, color, sex, national origin, religion, disability or age (40 or older), or if they have a disparate impact on any of these groups.As part of its best practices for administering tests without regard to race, color, national origin, sex, religion, age or disability, the EEOC advises employers to ensure that their tests are properly validated for the positions and purposes for which they are used and not just rely on a test vendor’s documentation supporting the validity of a test. In addition, employers should monitor changes in job requirements and update selection procedures accordingly. The fact sheet is available at http://www.eeoc.gov/policy/docs/factemployment_procedures.html.