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Can employers legally screen employees for certain psychological traits, and what are the implications for workplace dynamics?
The legal framework: The Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC) guidelines regulate the use of psychological testing in employment settings.
Employers must ensure that tests are fair, job-related, and do not discriminate against protected groups.
The Uniform Guidelines on Employee Selection Procedures (UGESP) (1978) set standards for employee selection procedures, including psychological testing.
The guidelines emphasize the importance of job-relatedness and ensures that tests are not biased against certain groups.
The Commission on Peace Officer Standards and Training (POST) issues guidelines for the psychological screening of peace officers (Law Enforcement and Public Safety Officers).
The POST Peace Officer Psychological Screening Manual provides guidance for psychologists conducting screening evaluations.
Many employers require employees and applicants to take personality testing, such as the Myers-Briggs Type Indicator (MBTI).
The MBTI is not a diagnostic tool, but rather a tool for understanding individual differences in personality.
In 2019, Commission on POST revised the POST Peace Officer Psychological Screening Manual, emphasizing the importance of professional standards, professionalism of psychological evaluators, and updates to guidance.
Emotional Intelligence (EI) and Quantitative Intelligence (IQ) are distinct cognitive abilities.
Intelligence tests, such as the Stanford-Binet Intelligence Scale, focus on measuring the latter, while EI measurements assess emotional competence.
Psychometric testing measures capabilities and personality traits that determine candidate fit for a given position.
Such tests are developed scientifically and are designed to be objective and unbiased.
The EEOC prohibits the use of tests that disproportionately impact protected groups, such as race, gender, or disability.
Employers must ensure that tests are job-related and do not discriminate against otherwise qualified individuals.
The ADA Amendments Act of 2008 broadened the definition of a disability, making it easier for individuals with mental or physical disabilities to receive accommodations.
Employers must provide reasonable accommodations to enable employees with disabilities to perform their jobs.
The Genetic Information Nondiscrimination Act (GINA) of 2008 prohibits employers from using genetic information, including responses to psychological tests, to discriminate against employees or job applicants.
Employers must obtain informed consent from job applicants before administering psychological tests.
The informed consent process must ensure that applicants understand the purpose and risks involved in the testing process.
The EEOC enforces compliance with antidiscrimination laws and regulations, including those related to psychological testing.
Complainants can seek relief through the EEOC administrative process or file a lawsuit in federal court.
The Uniform Guidelines on Employee Selection Procedures (1978) emphasize the importance of job-relatedness, ensuring that tests are relevant to the job requirements and do not disproportionately impact protected groups.
The POST Peace Officer Psychological Screening Manual (2019) highlights the importance of updating professional guidance to ensure that psychological evaluators are aware of current research and best practices.
The Supreme Court has ruled that employee selection procedures must comply with Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, religion, sex, national origin, age, and disability.
Court decisions, such as Watson v.
Fort Worth Bank & Trust (1988), have established that employers must demonstrate job-relatedness and justify the use of psychological tests.
The EEOC's Charge Statistics 2020 report indicates that 17,136 charges were filed in 2020, with sexual harassment and race being the most common charges.
The Society for Science and the Public Interest (SSPI) recommends that employers use standardized, validated tests that are fair, reliable, and unbiased.
The EEOC's Goodwill Industries decision (1973) established that employers must demonstrate that a test is reasonably necessary to perform the job duties and that the test is related to the job requirements.
The Americans with Disabilities Act Amendments Act of 2008 prohibits employers from requiring incoming residents and fellows to undergo psychological evaluations unless the evaluation is job-related and does not discriminate against individuals with disabilities.
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