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Legal And Ethical Considerations In Employment Selection

1126 words - 5 pages

Legal and Ethical Considerations in Employment Selection
Cardinal Stritch University
Cathy Carew
Instructor John Koehler
MGT-445 Human Resource Management II
July 25, 2013

Legal and Ethical Considerations in Employment Selection
Organizations use screening tools such as assessment tests, medical tests and drug testing to effectively find applicants or current employees that are best qualified for a particular job. There are legal and ethical considerations that need to be applied when using any type of assessment test, or medical and drug testing; the selection process should follow federal employment laws, show reliability and validity, exclude bias, as well as protect the ...view middle of the document...

A principal of the Uniform Guidelines dictates that it is against the law to administer a test or selection method that causes to adverse impact, which occurs when a large rate of the decisions towards hiring and promoting work to discriminate towards members of a specific race, sex, or ethnic group. The Department of Labor suggests that employers only use tests that have been created by qualified experts to guard against adverse impact occurring
(U.S. Department of Labor Employment and Training Administration, 1999).
Additionally, a test should be reliable; the test should show that it measures characteristics consistently. A reliable assessment tool will produce dependable, repeatable and consistent information about people. Also, the test should show validity. Most employers show that a test is valid by using criterion validity, which demonstrates that there is a statistical relationship among scores on a selection process and the job performance of a sample group of workers.
Another form of testing that should not be used is tests that are bias. This type of test, according to Dessler in Human Resource Management Pg. 180, may show a bias in the way it measures the trait that is trying to measure. Dessler gives the example of an IQ test showing a valid measure of cognitive abilities for middle-class whites, but when taken by minorities it measures if they are knowledgeable middle class culture. Employers need to make sure that that the tests they use are not showing biased decisions (Dessler, 2013).
As for medical exams that are used to decide if an individual can safely and sufficiently perform a job, the American Disabilities Act gives the framework when and how a medical exam can be used in employment situations. It is unlawful to conduct medical exams on job applicants, or ask questions in regards to a disability before making a job offer. You may however, after offering a job to an applicant, ask for a medical exam, as long as all person that are entering the same job category take the same test. If an organization decides to use medical information to make employment decisions, they should create and have a written policy on the testing to make sure they are compliant with related federal, state and local laws (U.S. Department of Labor Employment and Training Administration).
Employers may prohibit the use of illegal drugs in the workplace and establish that employees not be under the influence of such while at work. Employers are allowed to administer drug tests to those that apply for a job because there are...

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