U.S. EEOC Issues Guidance on Employment Tests & Selection Procedures

On December 3, 2007 the U.S. Equal Employment Opportunity Commission (EEOC) issued a Press Release and published a new Fact Sheet on employers' use of tests and selection procedures.  If your company has at least 15 employees and uses as a part of its hiring process cognitive tests (math, reading, reasoning, job task, etc.); personality tests (honesty, safety, dependability, etc.); medical exams; credit or criminal background checks then you should review the Guidance.

A variety of federal employment laws including the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act of 1964 prohibit employers' use of tests or selection procedures that discriminate against or adversely impact minorities, persons age 40 or above, qualified individuals with disabilities or women.

The Uniform Guidelines on Employee Selection Procedures (UGESP) provide three ways employers may validate their test(s) showing that they are job-related and consistent with business necessity. While scientific validation may be the best methodology to use it can also be expensive. Other validation methods can be used. The Guidance points out that in one case, although the company had its cognitive test validated, it still had a statistically significant disparate impact on minorities and violated Title VII since other tests were available that would have had a less discriminatory impact. In another case, a physical test disproportionately screened out women.  Although the company defended the use of the test showing that the number of injuries had been reduced it was discovered that the reduction in injuries had actually begun two years before the test was implemented.

Tips:

• If you are using any one or more of the tests or selection procedures described in the Guidance, be sure it is validated using one of the methodologies described in the UGESP;
• Track your test results and monitor for adverse impact. If any one protected group has a "pass" rate lower than 80% of the group with the highest "pass" rate then determine if another assessment tool would have less adverse impact;
• Managers should not adopt tests or selection procedures casually. No test or procedure should be implemented without an understanding of its effectivenss and appropriateness for job selection and established, objective measures for administering and scoring.

For more information contact FiveL Company today.

Hot Hits!! Education Corner

Public Presentations

Thursday, January 10th, "Federal and Maryland State Legislative Update" sponsored by the Anne Arundel SHRM Chapter, 5:30 - 8:00 p.m., Annapolis, MD.

NEXT WEBCAST! January 23rd Webcast, "When All Else Fails: Terminating the Employment Relationship" from 10:00 - 11:00 a.m. EST. Did you miss the 2007webcasts? They are archived and you can access them from the website as well! All webcasts are pre-approved by HRCI for 1.0 Strategic credit!

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January's Client Training Programs

"Recruitment, Selection & Hiring"

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I-9 Tips

Last month's newsletter provided some information regarding the new I-9 Form and Instructions published by the U.S. Department of Homeland Security. You should now be using the new form; the deadline by which you were required to begin using the new form was December 26, 2007.  You can download the new Form and Instructions from FiveL Company's website.

During a recent I-9 audit conducted by FiveL Company, the following tips were shared.  When completing I-9 Forms, consider the following:

• The federal regulations do not encourage or prohibit employers from making copies of documents provided. There are potential advantages and disadvantages to doing so.  If you do make copies you are required to make copies of the document(s) all employees give to you; ensure this practice is implemented consistently across your organization, particularly if you are a multi-site employer.
• If you make copies, consider color rather than black and white. There are some documents that have multiple version such as the Form I-551.  One version has a rose colored background; this is a temporary document.  Another has a white background, this is a permanent document. You cannot readily distinguish between the two if you have black and white copies.
• If you make copies, copy the back of all documents as well as the front.  As mentioned above, documents vary. Some have the expiration date on the front or the expiration date may be on a sticker on the back. 
• For employees whose primary language is Spanish you may give them the Form I-9 and Instructions printed in Spanish. But note that these may used as a guide only.  The Form I-9 printed in English must still be completed. If you would like a copy of the Spanish version of the Form and Instructions, call or email FiveL Company.
• An employer may complete or assist an employee in completing Section 1.  If you do so, however, be sure to also complete the "Preparer and/or Translator Certification" portion of Section 1.
• Be sure all company representative who accept documents and complete I-9 Forms have been trained using the new "Handbook for Employers" and understand the basics of what they should look for to verify the authenticity of documents.