Strategic HR Lawyer

The EEOC recently held a public meeting to discuss employer testing and screening procedures, which they note are on the rise.  According to the press release:

“Today employers commonly use a range of employment tests and other screening tools to make hiring, promotion, termination or other employment decisions,” said EEOC Chair Naomi C. Earp. “With the growth of technology, buttressed by post-9/11 security concerns, it is important that employers review their applicant selection procedures to ensure they are non-discriminatory.”

Discussion topics included:

• written tests
• criminal and credit histories as a basis for selection
• medical exclusions in hiring
• employer best practices
• the increased use of personality and integrity tests.

This rather interesting as this case points out.  The Justice Department has recently sued New York City on behalf of Hispanic and African American firefighter applicants who allege that they were discriminated (disparate impact theory) against as a result of the testing procedures used.

"Following an EEOC determination that the city’s use of the examinations violated Title VII, the Justice Department conducted its own investigation and determined that the city’s use of the [written] examinations also constituted a pattern or practice of discrimination against both black and Hispanic applicants."