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Laws Governing Pre-employment Testing

legal issues of pre employment testing

A pre-employment test is legal if it appropriately screens out protected classes of citizens like a minority, physically challenged or female and also evaluates potential & existing employees only on the topics directly related to the job.

The Equal Employment Opportunity Commission (EEOC) enforces employment laws, and these laws affect almost every aspect of the hiring process. It also provides ‘Employment Tests and Selection Procedures’ fact sheet to make employers aware of pre-employment legal issues.

The pre-employment test should eliminate biases and improve the legal defensibility of the hiring process. According to the EEOC pre-employment testing laws, it's illegal to discriminate on the basis of race, color, religion, age, sex, disability, and nationality.

Let's understand it further,

Introduction to EEOC laws-

The Equal Employment Opportunity Commission (EEOC) enforces Pre-employment testing laws that prohibit the use of pre-employment tests which discriminate against potential and existing employees.

Laws Enforced by EEOC:

1. Title VII of the Civil Rights Act- According to this law employers can not discriminate against someone on the basis of race, color, religion, national origin, sex, and age. The amended Title VII makes it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

2. Title I of the Americans with Disabilities Act-According to this law it’s illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. Under this act, employers cannot use a way of pre-employment screening which supports discrimination of qualified candidates based on their mental and physical disability.

3. Age Discrimination in Employment Act-The law says employers cannot make use of pre-employment screening test to discriminate people who are 40 or older. The law makes it illegal if the employer uses a pre-employment test for people who are older than 40 when it’s not required for all individuals to take the same test. The Age discrimination law also prohibits the screening process that disproportionately affects applicants aged 40 years and older. Even if the test is necessary for all the individuals. To help you understand things better, Mocha has compiled a checklist that is easy to understand and use. You can view the checklist below or download it for your future reference.

To help you understand things better, here's a checklist that is easy to understand and use. You can view the checklist below or download it for your future reference.

EEOC compliance checklist
eeoc guidance checklist

When it comes to security and EEOC compliance, there are a lot of other parameters you must be aware of.

At Interview Mocha, we follow the following process -

Pre-employment assessment practices that fairly and lawfully assesses candidates

1. All assessment instruments are unbiased and fair to all groups

The content of each question is not biased and is not offensive concerning race, religion, national origin, sex, etc. We ensure this through a robust validation process and is compliant with EEOC pre-employment testing guidelines.

2. Use pre-employment practices that have been considered valid and reliable:

Every job role requires specific skills/competencies to perform the assigned tasks in an effective way. A valid and reliable test measures the job skills, it claims to evaluate consistently or reliably. The test contains valid questions related to job qualifications and requirements and yields similar results even if the person appears again for the test.

3. Employers are not permitted to adjust or change the scores

The Interview Mocha platform ensures that no manipulation in test score is possible. The system calculates a score in real-time. The score is shared with the hiring manager and test taker simultaneously. For manual evaluation, we maintain an audit trail for all the changes to the score.

4. Data Security

Interview Mocha does not request or store any PII (Personally identifiable information) data of test-takers. Through strong data protection mechanisms, we ensure the protection of test taker’s professional details and scores.

5. Suitability of testing conditions for all test takers

Each assessment test is validated before it is made available. Validation is done regarding relevance, technical performance on various testing platforms, and user experience.