This paper examines the history and legal context of pre- and post-employment testing in the workplace, with particular attention to the automotive industry. It outlines the types of tests employers use during the selection process and analyzes the federal anti-discrimination laws — including the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act (ADEA) — that govern their use. The paper also discusses the ADA Amendments Act of 2008, the EEOC's evolving enforcement approach, and how landmark cases such as EEOC v. DaimlerChrysler Corp. have shaped employer obligations when designing and administering employment tests.
When employment testing is done correctly, it can legally satisfy the requirements of the Americans with Disabilities Act of 1990 (ADA). When validity criteria are met and tests are consistent with business necessity, they may actually strengthen the selection process, ensuring that the right candidate fills and retains the right job. Employers in the automotive and other industries can meet these criteria and improve their employee selection decisions by ensuring they understand the job duties and performance expectations for the positions they wish to fill. Specifically, they should ensure that the content of employment tests relates to the job, validate test measures to align with successful job performance, use trained testers and evaluators who apply validity evidence, conduct statistical analyses for disparate impact, and maintain a clearly stated policy on when and whether drug and alcohol testing is conducted (Kaplan, 2008).
Some tests used in the employee selection process include aptitude, psychomotor, job knowledge, proficiency, interest, psychological, polygraph, drug, and other physical or medical assessments. Because some assembly line positions require specific psychomotor skills, placement in those roles depends on the employee's physical abilities. However, should an automobile industry employer intentionally use testing tools to discriminate in its hiring decisions based on race, color, sex, national origin, religion, disability, or age, that employer may violate federal anti-discrimination law.
In post-employment testing — including employee evaluations, performance reviews, customer service assessments, team building, team analysis, training, coaching, succession planning, and 360-degree multi-rater feedback used for management and leadership development — the use of selection procedures and tests can violate federal anti-discrimination laws if they disproportionately exclude people of any particular race, sex, or other covered group, unless the employer can justify the procedure under the law.
The ADA, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967 (ADEA) all prohibit discrimination in the testing and selection of employees. Since September 11, 2001, heightened security concerns have led to increased testing of applicants, while concerns about potential workplace violence, safety, and employer liability have raised the prospect of lawsuits. Charges of discrimination rose steadily throughout the last decade; in 2007 alone, 304 charges were brought against employers for investigations involving background checks, credit reports, and other exclusionary qualifying procedures.
"How the 2008 ADA amendments redefined disability"
"EEOC activity, DaimlerChrysler case, and employer liability"
"How careful testing reduces injuries and legal risk"
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