HRRecruitingAlert.com » Court rules this company’s personality test violated ADA

Court rules this company’s personality test violated ADA

June 5, 2008 by Sam Narisi
Posted in: Job screening tests, Latest News & Views, Law

Using a personality test to evaluate recruits? Good idea if it’s done right. Bad idea if it’s done this way.

Beware: Your personality test could get you into a lot of legal trouble if you aren’t careful. How can that happen? Here’s how:

In an Illinois court case, three brothers, all employees of the same firm, underwent a battery of tests designed to measure their fitness for promotion.

One segment of the exam was the Minnesota Multiphasic Personality Inventory (MMPI).

After they were passed over for promotion, the brothers sued, saying their employer used MMPI to weed out employees with possible personality disorders — in violation of the Americans with Disabilities Act.

The company’s argument: The MMPI merely tested “a state of mood.” It didn’t diagnose mental illness.

‘We don’t think so,’ said the court

The court didn’t buy it. It said the firm’s use of MMPI “likely had the effect of excluding employees with disorders from promotions.” Now the company faces either an expensive trial or an expensive settlement.

(Cite: Karrakers v. Rent-A-Center)

Four ways to stay out of hot water

Here are some ways to make sure your personality tests are done right:

  • Before getting started with a personality test, define in detail exactly what you want the test to accomplish. For instance, ask yourself if you’re looking for an employee with strong ethics or a positive outlook on life. Either one may be more important for a particular position.
  • Consider using only tests that are validated. Some test publishers provide documentation stating that the test results don’t discriminate against individuals in protected classes.
  • Ensure every staff member who’ll be administering the test is trained correctly and keeps all results confidential.
  • When making a decision, use personality tests in combination with other tests that relate to job skills or work history.

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