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MGT 4110- Chp 6 Testing

Terms in this set (48)

Eligibility tests are administered to ensure that potential employees are capable and qualified to perform the requirements of the position.
Specific job skills or knowledge
Work-related attitudes
Strength and physical fitness
Personality traits
Tests for ineligibility, test for disqualifying factors.
Drug and alcohol use
Polygraphs and honesty

1. Eligibility tests that have been professionally developed are specifically exempt from claims of disparate impact, as long as the test is not designed, intended, or used to discriminate on the basis of membership in a protected class.
2. For an eligibility test to be legally validated as an effective gauge of performance other than through this exemption, an employer must show that the test is job-related and consistent with business necessity.
3. In order to satisfy the first requirement that the test is a business necessity, the employer must show that the quality which is measured by the test is a bona fide occupational qualification necessary to adequate performance in the position.
4. In order to satisfy the second requirement that the test examines that which it purports to examine, the employer must show that the test is valid, that it measures what it purports to measure and measures it accurately.
5. In general, the more abstract the trait the instrument purports to test (such as 'creativity'), the more difficult it becomes to establish evidence of validity.
6. Moreover, even where these two requirements have been satisfied, the test may still be challenged if a less discriminatory alternative exists.
Employers are prohibited from requiring applicants to submit to medical exams prior to making a conditional job offer.

Individuals cannot be required to take medical exams unless the exams are required of all persons applying for that same job category.

If used after a conditional offer is made, it should be the last test performed and the last information considered before finalizing a hiring decision.

A test for the current illegal use of drugs is not considered a medical examination under the ADA, so may be required before an offer is made.

According to the EEOC, a medical examination is "a procedure or test that seeks information about an individual's physical or mental impairment or health." The following seven-factor test is used and "one factor may be enough to determine that a procedure or test is medical.":

Whether the test is administered by a health care professional;
Whether the test is interpreted by a health care professional;

Whether the test is designed to reveal an impairment or physical or mental health;

The EEOC's seven-factor test, continued:

Whether the test is invasive;

Whether the test measures an employee's performance of a task or measures his/her physiological responses to performing the task;

Whether the test normally is given in a medical setting; and

Whether medical equipment is used.

Employers may require medical examinations of current employees if:

Job-related and consistent with business necessity

Voluntary (e.g. wellness screenings) or

Required by law (e.g. pilots and porn stars)

See Tables 6.1 and 6.2 and discuss Kroll v. White Lake Ambulance Authority