Pre-employment testing is a selection tool that can provide valuable information to assist with selecting the most qualified applicant for a particular job. In certain fields, such as Public Relations, knowing the writing skills of an applicant is critical and the company may ask applicants to prepare a press release as part of the interview process. The use of selection tools, however, may violate the federal anti-discrimination laws if they disproportionately exclude people in a particular group by race, sex, or another covered basis, unless the employer can justify the test or procedure under the law. No selection tool should be implemented without an understanding of its effectiveness, its appropriateness for a specific job, and whether it can be appropriately administered and scored. There is always a risk when implementing pre-employment testing. The testing needs to be valid and reliable. Employers should be consistent in their use of the testing and avoid creating an adverse impact, either intentionally or unintentionally, on any particular group. The EEOC has published a fact sheet setting forth its view on pre-employment testing that you might find useful.
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.