2. CHAPTER FOURTEEN Testing

3. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-3 1.The Constitution will always protect an employee against unreasonable searches 2.In the private employment sector, employers can pretty much do what they want in terms of testing 3.Polygraphs are reliable Myths about Testing in Employment

4. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-4 4.If you test positive for drug or alcohol on an employment test, you will be terminated 5.HIV testing is relevant to job performance

5. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-5 Background  Two types of testing in the workplace –Preemployment testing takes place before or after hiring, but before employment  Conducted to improve a company’s competitive position by finding the best individual for a position  Includes achievement tests and personality indicators

6. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-6 –Testing after employment ensures employees are free of difficulties  Tests for ineligibility such as drug or alcohol abuse  Courts do a balancing test to determine legality of such testing  Testing presents potential for discrimination in employment and employer liability

7. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-7 Legality of Eligibility Testing  Eligibility testing designed to ensure capability of potential employee and selection of most qualified applicant –Includes intelligence tests, tests of physical stamina, eye exams, achievement, aptitude or personality exams  Employers must show tests are consistent with business necessity

8. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-8 Test Validity  EEOC provides Uniform Guidelines on Employee Selection Process  Test validation is evidence that shows a test evaluates what it says it evaluates  Criterion-related validation shows relationship between data related to job performance (criterion) and test scores

9. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-9  Content validation is shown in tests that specifically measure performance of certain position requirements  Construct validation usually seen in tests that measure job related psychological characteristics  Subgroup norming made illegal by the Civil Rights Act of 1991  Trait for which the applicant is being tested must be job related

10. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-10 Legality of Testing for Ineligibility  Tests for ineligibility may be limited by state statutes or local ordinances  Employers may be liable for certain tort claims because of ineligibility testing –Invasion of privacy –Reckless or negligent infliction of emotional distress –Defamation –Wrongful discharge

11. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-11 Forms of Testing  Polygraphs are lie-detecting devices that measure an individuals biological reactions when questioned –Accuracy is questionable –Federal Employee Polygraph Protection Act of 1988 severely restricts use of polygraph in employment decisions by most employers

12. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-12  Integrity and personality tests –Integrity tests measure a wide variety of constructs  Validity may be questionable but tests do not appear to adversely impact any protected groups –Personality tests appear to be non- discriminatory  Need to measure job-related personality dimensions  Tests should have face validity

13. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-13  Physical ability testing is used to increase likelihood that candidates will be able to perform essential functions of the job –Should measure only essential functions  Intelligence testing has been highly criticized as basis for disparate impact discrimination  Drug and alcohol testing covered under the Drug-Free Workplace Act of 1988

14. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-14 –Allows preemployment screening –Does not apply to private sector employers  Medical testing is permitted prior to employment but after an offer has been made –Must apply to all employees in the same job category  Genetic testing evaluates an individual’s biological predisposition to certain diseases –May encourage discrimination based on fears and myths

15. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-15  HIV/AIDS testing inappropriate –Does not serve a legitimate business purpose –Does not indicate HIV status as of the day of the examination –Many arguments for and against HIV/AIDS testing for health care workers

16. McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. 14-16 Management Considerations  Employers do have the right to make sure an applicant is healthy enough to do a job; just be sure to test appropriately  Health or eligibility testing should be done postoffer, preemployment  All tests should be validated  Restrict access to information gained in testing