EEOC Fact Sheet Addressing Employer Tests
December 5, 2007
William Becker
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an extensive fact sheet addressing the use of employer tests and other selection procedures. Many employers use these processes to screen applicants for hire and to select employees for promotion. The most common devices are cognitive tests, personality tests, medical examinations, credit checks, and criminal background checks. However, without careful analysis, the misapplication of such tests can create liability under state and federal civil rights laws. Employers should evaluate their testing devices with a careful eye to both the disparate impact and disparate treatment theories of Title VII.