ANSWER THE FOLLOWING QUESTIONS ATTACHED IN TEMPLATE
Assignment#6 – Chapter 6
Please answer these questions to the best of your ability using the information that you gathered from reading
the chapter, along with information from your own work experience.
1. What experience have you, or someone close to you, had with pre-employment testing when applying for a
job? Did you feel that the testing was necessary? Why or why not?
2. Please read the article on D2L in the file entitled “Employme nt Testing and Privacy.” Now, look up a
different article about privacy and employment testing.
a. Briefly summarize the additiona l article that you found (include reference)?
b. What are some of the arguments in favor and against certain pre-employment tests being illegal or an
invasion of privacy?
c. Which side of the issue do you agree with? Why?
3. Can people cheat on personality tests? Locate a source online to back-up your answer (include a reference
to your source). As an HR manager, what are some arguments you could make to an applicant against
cheating?
“Psychometric” Tests can Help in
Hiring, Managing Staff but Employers
Must Note Potential Practical and
Legal Issues
Date: December 01, 2015
Lawyers You Should Know: Christopher McClelland
Original Newsletter(s) this article was published in: Blaneys on Business: December 2015
Employers use many tools in assessing potential applicants, such as reviewing resumes,
performing reference checks and conducting interviews. The review process continues for
existing employees through performance evaluations, “360 degree” feedback systems and
internal job competitions.
Some employers have taken this process a step further by introducing psychometric testing into
the workplace. This involves using formal tests that assess the personality profiles and aptitudes
of employees or potential employees. One of the best-known examples is the Myers-Briggs
questionnaire, which classifies individuals as one of 16 different personality types. However,
there is a myriad of other instruments and tools available. The goal of psychometric testing in
the workplace is to provide objective information about an individual’s personality, behaviour
and abilities that enables the employer to make more effective decisions.
Generally speaking, there are four ways that an employer can use psychometric testing:
1. Hiring and promotion
(a) Screening: By having job applicants complete some form of psychometric testing as part of
the application process, an employer can use the results of the test as one factor to consider in
deciding who to select for consideration. This can be beneficial when dealing with a large
number of applications, such as responses to entry-level positions that were advertised widely.
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(b) Selection: Psychometric testing can also be used later in the hiring process to differentiate
among candidates that have been shortlisted for a position. For managerial and executive-level
positions, this may involve a more comprehensive, multi-stage testing process.
2. Development and assessment
(a) Informational: Employers may encourage employees to take psychometric tests to increase
their awareness both with respect to their own personality type and how they may differ from
colleagues with other personality types. This can be the basis for a team-building exercise, as a
way to improve communication between employees, and to address conflict in the workplace.
(b) Decision-making: Alternatively, employers can use psychometric testing to help make
decisions about employees that may have an impact on their role in the organization. For
example, the testing may indicate that certain employees have an aptitude for certain types of
work or for leadership positions.
Although psychometric testing is widely used in a variety of industries, there is a number of
issues that an employer should consider when deciding whether to implement it in the
workplace.
Some of the potential concerns are practical. For example, there are numerous types of
psychometric tests available, and an employer will need to devote significant time and
resources to choosing the tests that best meet its particular needs. Once a particular set of tests
has been chosen, care must be taken to ensure that the test is properly administered. Finally,
over-reliance on psychometric testing at the expense of other methods of assessment can result
in the inadvertent screening out of strong candidates.
In addition to the practical concerns, there are also legal issues that an employer must take into
account:
1. Human rights: Human rights legislation prohibits employers from making decisions relating
to employees or prospective employees based on grounds of discrimination, such as place of
origin, religious belief, family status or disability. Employers are generally aware that they should,
for example, refrain from questioning job applicants about their religious beliefs or their mental
health background. However, certain types of psychometric testing can lead to a human rights
complaint if it results in an individual or group of individuals being classified or “screened out” of
an employment opportunity on the basis of a prohibited ground of discrimination. For example:
(a) Direct discrimination: A psychometric test may include direct questions about, or indirectly
reveal information related to, an individual’s mental health, family relationships or religious
beliefs. This raises two concerns. First, an individual who is denied an employment opportunity
may complain that the decision was related, at least in part, to a human rights ground. Second,
an employer that becomes aware that an individual has human rights-related needs, such as a
disability, has a potential obligation to accommodate that disability to the point of undue
hardship.
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(b) Indirect discrimination: In other cases, a psychometric test used by an employer may be
criticized for having the effect of excluding a group of persons on the basis of a prohibited
ground of discrimination, such as race or ethnic background. This can be particularly
problematic with tests that are intended to measure whether an individual has leadership
potential or “fits” within the culture of an organization.
2. Privacy: By their very nature, psychometric tests involve the collection of personal
information about an individual. Particularly in the case of psychological or personality tests, the
personal information that is obtained may be considered highly sensitive. Accordingly, it is
important to take into consideration the privacy rights of the employees or prospective
employees who are taking the tests. In that regard, an employer should clearly identify the
purposes for collecting the information and ensure that the information collected relates to those
purposes. Proper consents should be obtained before the tests are administered, and the
information that is obtained should only be used in accordance with those consents. It would, for
example, be inappropriate for an employer to obtain an employee’s consent to administer a
psychometric test in the guise of a team-building exercise and then, unbeknownst to the
employee, use the results of that test to make decisions about which employees to promote.
Finally, information that is obtained must be safeguarded to ensure that it is not improperly
accessed or misused.
It is important that employers considering psychometric testing do their due diligence.
Any test that is used should be based on reputable research and must be able to withstand
scrutiny from a human rights perspective. The implementation of the test should be done fairly
and reasonably and should take into account privacy concerns.
Finally, and perhaps most importantly, while psychometric testing can be a useful tool in making
employment-related decisions, it is only one factor to consider, and should not be used as a
substitute for the employer’s exercise of its own judgment.
Christopher McClelland is a Partner in Blaney McMurtry’s Employment and Labour Group and
co-edits Employment Update, the firm’s workplace law quarterly. His practice includes labour,
employment and human rights law. He also practices in the area of privacy law, with an
emphasis on privacy in the workplace. He has represented clients before all levels of court in
Ontario, as well as the Ontario Labour Relations Board and the Human Rights Tribunal of
Ontario.
Christopher can be reached directly at 416-597-4882 and CMcClelland@blaney.com
mailto:CMcClelland@blaney.com
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