personality tests in interviewing

[Jim Wilde]

Ohio. Hi. It seems that corporations are beginning to use outsourced personality tests as part of their hiring practices. In these tests (the Chally Assessment test, in this instance), many questions probe a person's beliefs about their world, and their responses to situations. During the course of the test, there are questions that are...questionable...as part of a hiring process. such questions probe your view of the political arena, your family values, etc.)
Another area werequestions asking if the person is frequently fatigued.
Point Blank...is this legal? Or is it simply a question of corporate bit-between-the-teeth until their called on it. For instance, unless I'm mistaken, it would be illegal for an interviewer to ask a question of an interviewee that probes for their political beliefs, or their like or dislike for the current political arena. This test, among other things, does just that.
A good friend just lost a job prospect because she "failed" a portion of this test, a portion that covers an aspect of her profession that she actually excells in.
Is this legal?
Second, since this test was the given as the reason that she was rejected as a candidate, does she not have the right to:
a) see the scientific validation for the test (I'm a social scientist, and know very well that its easy to create a personality test; very difficult to make one that stands the rigors of validity...I'd like to see the test's validation proofs)
b) have a copy of her own test and answers.
Thanks.

 

[Beth3]

1. Contrary to popular belief, there are no illegal interview questions. The only illegalities that may arise is what an employer does with some of the answers. I can ask you how old you are but if challenged, I better be able to demonstrate the answer had nothing to do with the hiring decision.

2. I'm not familiar with this particular test but again, there no illegal pre-employment tests. Illegalities may arise if a test results in a disparate impact on a minority group. That is, it serves to unduly disadvantage a group of candidates who happen to be of a particular race, national origin, gender, etc. Should that happen and a complaint of discrimination arise, the employer must demonstrate that the test is "validated," i.e. the employer must prove that a positive score on the test is clearly tied to job performance.

3. No, your friend has no legal entitlement to see the scientific validation of the test or her test results.