Some misinformed managers believe that testing of applicants is illegal, or that the use of assessments in the selection process invites litigation. Nothing could be further from the truth.
The EEOC, FEPC, Department of Labor, Department of Defense, U. S. Supreme Court, and other state and federal agencies have all declared that valid and reliable assessment programs contribute substantially to an equitable and non-discriminatory selection, placement, and development policy.
Further, their position is that assessments can be an organization’s strongest defense against discrimination and wrongful termination law suits. The probability of employee litigation is significantly higher for organizations that do not use tests, than it is for organizations that do.
This is because the courts are ruling that it is the responsibility of the organization, not the applicant, to determine the applicant’s suitability for the position. The best method to determine suitability is behavior assessments.