Various Tests Used in Determining the Capability

of A Job Applicant
(Five-pages Report)

` Before testing job applicants, employers must consider restrictions imposed by various
federal and state anti-discrimination laws. If you have 15 or more employees and are subject to
federal anti-discrimination rules, or have fewer employees but are covered by your state's law,
check with your legal counsel before you administer tests.

Some of the more well-known tests for job applicants that you may be considering include:

 achievement tests
 aptitude tests
 physical ability/agility tests
 personality tests
 honesty tests
 lie detector tests
 drug tests
 medical exams

Achievement Tests

Use achievement tests to pick out those applicants who already possess a special skill or
knowledge needed to perform a job. As opposed to aptitude tests, which assess an applicant's
potential, the achievement test determines what the applicant already knows. Therefore,
achievement tests are usually the most reliable and valid at predicting actual job performances.

What type of achievement test should you use? Some achievement tests are actually
performances — an applicant is given a letter to be typed or a forklift to be driven. Typing,
knowledge of a computers, and other clerical tests are, in fact, the most widely used employment
tests because they are demonstrably job-related. If possible, we suggest that you strongly
consider using a simple performance test by giving an applicant a task that would be commonly
required on the job and seeing how he or she does.

Another type of achievement test is one that puts the applicants in a hypothetical situation to
gauge their responses.
Aptitude Tests

Aptitude tests can measure general intelligence, space visualization, mathematical aptitude,
verbal conceptualization, and other capabilities. You might want to consider using aptitude tests
if you need to measure a person's capabilities and potential.

For example, one kind of aptitude test is a performance simulation, such as a manual dexterity
test that requires the test taker to manipulate small parts on a test board. A successful completion
of this exercise would demonstrate the applicant's aptitude for small assembly work.

Physical Ability and Agility Tests

Physical ability and agility tests assess an applicant's endurance, strength, or overall physical
fitness needed to perform actual or simulated job-related tasks.

Tests in this category do not seek information concerning the existence, nature, or severity of an
individual's physical or mental impairment, or information regarding an individual's physical or
psychological health. They simply measure an applicant's ability to perform a task.

Physical ability tests must be given to all applicants regardless of disability. If the tests screen
out or tend to screen out persons with disabilities, and you are subject to the laws prohibiting
discrimination against disabled individuals, you would have to demonstrate that:

 The test is job-related.

 It is consistent with business necessity.
 Performance cannot be achieved with reasonable accommodation.

Personality Tests

Personality tests were developed by psychologists and psychiatrists for use in counseling and
therapy. One commonly used personality test in educational settings is the Myers-Briggs test.
For most employers, their usefulness is limited in the hiring process.

Personality tests may help to establish which applicants are mature, objective, sociable, happy,
etc., but their use in making employment decisions is controversial. They are difficult to validate
and are considered unreliable by some.

Some applicants will attempt to fake personality tests to give the "right" answers. Others will
resent what seems to be an invasion of their privacy. If you do decide to use this type of test,
make sure that the questions are not too intrusive and that they relate to the job in some way.
Lie Detector Tests

Lie detector tests should be reserved for instances when they are absolutely needed, such as for
jobs where employees:

 have access to large amounts of money

 carry guns

Under the Employee Polygraph Protection Act (EPPA), and the law in many states, most private
employers are prohibited from requiring, requesting, causing, or suggesting that job applicants
(or employees) take polygraph tests as a condition of employment.

Further, employers may not retaliate against job applicants or employees based on the results of
a polygraph test or because of a refusal to submit to such a test.

Since the EPPA became effective, polygraph testing of job applicants has been virtually
eliminated by private employers.

So when are lie detector tests appropriate for job applicants? Lie detector/polygraph tests may be
administered to:

 certain job applicants of security service firms

 certain employees of pharmaceutical manufacturers, distributors, and dispensers

If you administer lie detector tests to applicants and employees, the following documentation
must be retained for three years from the date a polygraph exam is conducted or requested,
according to the EPPA:

 a copy of the statement that sets forth the specific incident or activity under investigation
and the basis for testing that particular employee
 records specifically identifying the loss or injury in question and the nature of the
employee's access to the person or property that is the subject of the investigation
 the test's written questions
 all opinion lists and other records relating to polygraph tests of the persons and any
charges stemming from them.

Honesty Tests

 Tests that purport to measure a job applicant's "honesty":

 are generally multiple choice or true/false
 vary greatly in quality
  are controversial (Are people really "honest" or "dishonest" or do they react to
circumstances? Can "honesty" be measured?)
 can sometimes be second-guessed by the applicant, meaning that they can give the "right"
answers rather than the answers that truly reflect their responses
 are not medical exams, even though they determine personality characteristics and may
be offered at the pre-job offer stage.

Job Applicant Drug Testing

Drug testing is a useful tool for screening applicants and is required by law for some positions.

Drug testing has become more popular as drug abuse becomes a more widespread problem in the
United States. Many businesses realize that drug-abusing employees cost them money, and they
want to reduce those costs. There are other reasons to test for drug use as well:

 It is a screening device. One of the best ways to protect your business is to aggressively
screen out alcohol or drug abusers before they become employees. Drug tests can help
pinpoint those who are dependent on alcohol and drugs.
 It is a defensive tool. Giving applicants a drug test protects your business from negligent
hiring claims arising from violence or safety violations. It is also true that drug abusers
tend to avoid firms that test.
 It may be a legal requirement. For certain safety-sensitive positions and occupations,
drug and alcohol testing of applicants is mandated by federal or state law.

Do you have to test all job applicants? You can be selective so long as you don't discriminate
against groups protected under anti-discrimination laws. Otherwise, the answer varies depending
on state law.

State laws vary on drug testing. In more than half of the states, laws provide guidelines for when
you may test applicants and employees and the procedures that must be followed. If you choose
to have a drug and alcohol testing program, it must comply with those procedures, safeguards,
and limitations.

Where they have been enacted, state laws generally apply to all applicants and employees. They
may, however, allow testing of applicants only where the nature of the job is high-risk or safety-
sensitive or if testing is required by federal or state law.

Some states explicitly require that you may only test applicants that have been offered a position
conditioned on a negative drug and alcohol test. Other states encourage testing by providing
lower worker's compensation rates to employers who establish a testing program in conformance
with specific requirements.
When Are Medical Exams Permitted for Job Applicants?

Medical exams can be a useful tool for screening job applicants but only to ensure that a job
candidate can perform the functions of his or her job.

The purpose of asking job applicants to take a medical examination is to screen out those
candidates who would not be able to properly perform their jobs for medical reasons. If you don't
think there is going to be a serious need for this information, it's probably not necessary,
especially when you consider that if you choose to test people, you'll have to pay for it. Before
you test, make sure that any information you may get is worth the expense.

When would such information be useful? The most obvious instance when this information
would be useful is if the position requires a tremendous amount of physical activity and exertion.

The biggest pitfall to avoid is asking for medical information that is not relevant. If a person has
a medical condition that would not prevent that person from doing the job your hiring for,
information about that condition is not relevant to you or your business. Asking for such
information merely provides grounds for invasion of privacy suits and disability-based
discrimination actions.

The Equal Employment Opportunity Commission (EEOC) considers the following criteria in
determining whether a test is medical:

 Was the test administered by a health care professional or trainee?

 Was the test given by the employer for the purpose of revealing an impairment or the
state of an individual's physical or psychological health?
 Was the test invasive (e.g., does it require the drawing of blood, urine, breath, etc.)?
 Did the test measure physiological/psychological responses (as opposed to the
performance of a task)?
 Was the test normally done in a medical setting?
 Were medical equipment/devices used for the test?

Tests the EEOC would generally consider not to be medical are:

 physical agility/physical fitness tests that do not include medical monitoring

 certain psychological tests such as tests that simply concern an individual's skills or tastes
 tests for illegal use of drugs
 polygraph tests, even though certain inquiries that are frequently made before or during
the test would be prohibited pre-offer inquiries.