Are Personality Tests Still Legal?
An Opinion Regarding Karraker v. Rent-A-Center
For decades, employers have been using pre-employment tests, including personality
assessments, to help them choose the best possible candidates for job openings.
Such assessments, when properly utilized, have proven to be reliable predictors
of on the job performance and have offered employers additional insight into an
applicant's ability to perform job functions that an interview and other information
simply cannot provide.
Recently, however, personality tests have come under scrutiny for improper use in
the pre-employment selection process. Specifically, the United States Court of Appeals
for the Seventh Circuit ruled that use of the Minnesota Multi-Phasic Personality
Inventory (MMPI) by Rent-A-Center violates the Americans with Disabilities Act (ADA).
To better understand this ruling and its impact on the use of testing by employers,
it is important to briefly explore the different types of tests and their appropriate
uses.
Types of Tests
-
Intelligence
Intelligence tests were originally developed to predict the success of children
in school, and this is still the best use for assessments of this type. While research
has shown a consistent relationship between occupation or income level and general
intelligence, the results of intelligence tests do not predict success or failure
in an occupation with a great deal of accuracy. Many other factors contribute to
occupation success other than intelligence.
Some common intelligence assessments for adults include:
- Stanford-Binet
- Wechsler Adult Intelligence Scale
- General Aptitude Test Battery
-
Personality Tests
Personality tests seek to assess an individual's motivations in particular fields.
Personality assessments, when validated properly, have been shown to adequately
predict employment success. However, limiting assessments to an individual's personality
ignores the impact mental aptitudes have on employment success.
Some common personality tests include:
- Caliper
- Myers Briggs
- Predictive Index
- DISC
-
Job Fit Tests
Job Fit tests combine personality assessments designed to measure an individual's
motivations, work style and behaviors with measurements for mental aptitudes. Job
fit tests tend to focus on the key attributes that have been proven to be necessary
for success in a particular occupation. Since they are often validated on specific
occupations, they tend to be excellent predictors of employment success.
Some common job fit tests include:
-
Clinical/Psychological Tests
While personality tests in general are often categorized as psychological tests,
there is a distinct difference between the two. Psychological tests have been developed
primarily for use within clinical settings to aid in the identification of personality
traits that may be abnormal. Their use as predictors of employee performance is
highly questionable for any occupations other than those that subject employees
to extreme duress such as law enforcement, air traffic control etc.
Some common psychological tests include:
- MMPI
- 16PF
- NEO Personality Inventory
- Basic Personality Inventory
-
Interest Inventories
Interest inventories measure an individual's interest in or preferences for types
of activities. These assessments are designed to provide general guidance as to
which occupations most closely match an individual's interests. An interest in a
specific occupation, however, is not a particularly valid predictor of employment
success.
Some common interest inventories include:
- Strong Interest and Confidence Skills Inventory
- Kuder Career Planning System
- Career Assessment Inventory
- Campbell Interest and Skill Survey
-
Achievement/Educational Tests
Achievement/Educational tests are also known as standardized/aptitude tests and
are frequently included in the same category as intelligence tests, but there is
a significant difference. As their name implies Intelligence tests are designed
to measure an individual's level of intelligence. Achievement tests are designed
to measure what an individual already knows regarding specific skills or knowledge.
Some common achievement/educational tests include:
- Graduate Record Examinations (GRE)
- SAT
- ACT
- National Assessment of Educational Progress
-
Work Sample/Skills Tests
Work sample tests are similar to achievement tests in that they measure specific
skills or knowledge by requiring an individual to perform part of a job as a test.
Work samples are valid predictors of employment success to the extent that they
measure specific skills and knowledge required by the job. However, work sample
tests are generally limited in their scope of assessment relative to the multiple
tasks inherent in many occupations.
Some common work sample/skills tests are:
- Word Processing test
- Tests designed to test familiarity with specific software programs
- Ability to weld
- Ability to lift a specified weight
-
Integrity Tests
Integrity tests are designed to indicate an individual's character and integrity.
Typical measurements include assessments for dependability, reliability, honesty
and a propensity for such undesirable behaviors as work-related theft, or alcohol
or drug use while on the job.
Some common Integrity tests are:
- The Scoreboard
- Stanton
- London-House
- Reid
Legality of Pre-employment Testing
The Equal Employment Opportunity Commission has consistently ruled that pre-employment
testing, including personality testing, is acceptable as long as the test is valid,
job-related and not a medical examination as defined by the ADA. The recent concern
over using personality tests in the hiring process results from a misunderstanding
of the facts of the case involving the MMPI as heard by the Seventh Circuit Court
of Appeals.
Rent-A-Center, Inc. was using parts of the MMPI to aid in the selection of management
trainees. As noted above, the MMPI is a clinical instrument designed to aid in the
assessment of adult psychopathology. Its primary use is to assist in the clinical
diagnosis of mental disorders. The MMPI can also be adapted for and is commonly
used in assessing the personality traits of individuals applying for high-risk public
safety positions. The MMPI contains questions that are necessary for clinical diagnosis
and determining how an individual will respond under extreme duress, but such questions
are inappropriate for most employment uses.
Given its designed purpose and common use, The Seventh Circuit Court of Appeals
ruled that the MMPI is a medical examination as defined by the (ADA), and as such,
could not be administered prior to an offer of employment. The court did not rule
that the MMPI was illegal to use, but rather that as a medical examination it could
not be used in a pre-employment selection process.
It is important to make the distinction between the MMPI and job-related personality
and job fit tests such as the Achiever. As has been mentioned, the MMPI is a clinical
instrument and a medical examination under the ADA. Consequently, there are specific
restrictions as to when the MMPI may be used in an employment selection process.
Personality and job fit tests like the Achiever that are job related, properly validated
and do not ask questions that can be used in a diagnostic setting have no such restrictions.
They are entirely permissible in the employment selection process, including prior
to a job offer.
The Achiever differs from the MMPI in that it is a job fit test developed specifically
for use in the business environment. There are no questions in the Achiever that
can be considered a medical examination under the ADA, so there are no restrictions
precluding the use of the Achiever as a pre-employment selection tool. Further,
the Achiever has been established and validated in accordance with the procedures
described in "Standards of Educational Psychological Tests and Manuals," which is
referred to in paragraph (2) 1607.6, "Minimum Standards for Evaluation," Federal
Register Volume 35, dated Saturday, August 1, 1970. It is therefore not discriminatory
and is in compliance with E.E.O.C. and other Federal Regulations.
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