At SkyWater Search, we are often asked about the legal status of pre-employment tests and background checks. The fact is that companies are entitled to carry out pre-employment assessments provided that they are not discriminatory based on race, color, sex, religion, disability, age, national origin or religion. They must also be properly administered.
Reasons for testing
Companies carry out pre-employment assessments for a number of reasons which may include:
• Avoiding the potential for a bad hire by ensuring the candidate’s claims match their ability.
• Dealing with high volumes of candidates, in which case pre-employment testing enables employers to screen out the least suitable applicants.
• Legal requirements: Public workers, healthcare and childcare are just three sectors that require pre-employment assessments in specific areas.
With the pressure on hiring managers to recruit the best available candidates, it is no longer acceptable to rely on intuition, or simply hire the candidate who you hit it off with the most. On the other hand, an over-reliance on tests will deter the best talent, so it is important to strike a balance.
Necessary steps
To improving their potential for hiring and retaining talented individuals, employers must first of all agree on the necessary skills and qualifications required to meet the job requirements. Secondly, what soft skills and personality traits would fit with company culture and boost the employee’s performance?
Once these points are agreed, consistent and non-discriminatory pre-employment testing will enable your organization to make better hiring decisions.
Types of tests
Typical pre-employment assessments may include a range of tests including cognitive, personality tests, credit checks and criminal background checks among others. Many pre-screening tests can be conducted online or in the employer’s office. In carrying out these tests, employers must also be aware of illegal interview questions and checks that cannot be carried out.
Fairness to all candidates
In order to ensure all tests are carried out fairly and to avoid candidate accusations of discrimination, employers must carefully consider:
Selection procedures relevant to the vacancy: Applicants must be assessed on the criteria relevant to the job they are applying for. Employers should also clearly communicate what they can expect during the recruitment process.
Opportunity to demonstrate strengths: Candidates should be given the opportunity to display their skills, qualifications, experience and potential to the employer during the assessment process.
A level playing field: Fairness is essential when carrying out pre-employment tests. The tests used should be standard and non-discriminatory in order to assess candidates on a level playing field. This is much more effective than a hiring process which relies solely on subjective and sometimes inconsistent interviews.
Candid, prompt feedback: The onus is on employers to provide a positive candidate experience. Feedback is an essential element of achieving this, especially for unsuccessful candidates. Hiring managers should advise all candidates when they can expect to hear about the outcome of their tests and/or interview and ensure a timely follow-up.
Finally, in carrying out pre-employment assessments, organizations should bear in mind that all candidates have the right to:
• A thorough introduction to pre-employment checks and an explanation of the reasons for including them in the hiring process.
• An assessment of an acceptable length.
• A clear explanation of where that assessment fits within the overall hiring process, as well as information on what follows next.
• A positive candidate/user experience
• Technical support, particularly for online assessments
• Assessments that are relevant to the vacancy in question.
• A satisfactory, enjoyable experience of their assessment.
• When to expect feedback.