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Which testing system is the most legitimate considering legal and ethical consequences?

Part A. Write a paper discussing some of the legal and ethical considerations of major types of tests: cognitive abilities, motor and physical abilities, personality & interests, and achievement tests. Given these considerations, which testing system do you believe may be the most legitimate? Remember to compare and contrast testing methods specifically to demonstrate how the methodologies you have not selected may have more negative ethical and legal consequences than the one you have selected.

In your answer also discuss ways in which advancements in technology have helped to make the applicant testing and selection process more efficient and effective

Part B. Tech Planet, of Menlo Park, CA, uses weekly lunches and "wacky follow-up sessions" as substitutes for first-round job interviews. During the informal meals, potential employees are expected to mingle, and they are then reviewed by the Tech Planet employees they meet at the luncheons. One Tech Planet employee asks candidates to ride a unicycle in her office to see if "they'll bond with the corporate culture or not." Toward the end of the screening process, the surviving group of interviewees has to solve brainteasers, and then openly evaluate their fellow candidates' strengths and weaknesses. The group should arrive at answers regarding the following set of questions:

1. What issues with screening might this form of interviewing elicit?
2. Is this form of candidate selection likely to increase or decrease diversity at Tech Planet?
3. Does this methodology raise concerns about reliability and validity? If so, how?
4. What do you think would be a better methodology at Tech Planet and why?

Solution Preview

Part A. Write a paper discussing some of the legal and ethical considerations of major types of tests: cognitive abilities, motor and physical abilities, personality & interests, and achievement tests. Given these considerations, which testing system do you believe may be the most legitimate? Remember to compare and contrast testing methods specifically to demonstrate how the methodologies you have not selected may have more negative ethical and legal consequences than the one you have selected.

In your answer also discuss ways in which advancements in technology have helped to make the applicant testing and selection process more efficient and effective

LEGAL AND ETHICAL ISSUES
An important case you may wish to discuss with your legal counsel is WATSON v. FORT WORTH BANK & TRUST, 487 U.S. 977 (1988). This case involved a charge of discrimination when NO testing was involved. The Supreme Court's opinion was that:

"...an employer could insulate itself from liability under Griggs and its progeny simply by combining such practices (interviews) with a subjective component, such as a brief interview, in a system that refrained from making the objective tests absolutely determinative, and could thereby remain free to give those tests almost as much weight as it chose without risking a disparate impact challenge."

In a further conclusion in this case, the Court went on to say that employers do not need to prove 'validation studies' that are predictive of job success when it said:

"The nature of the 'business necessity' or 'job relatedness' defense - under which the defendant has a burden of producing evidence after the plaintiff has made out a prima facie case - also constrains the application of the disparate impact theory. Employers are not required, even when defending standardized or objective tests, to introduce formal "validation studies" showing that particular criteria predict actual on-the-job performance. In the context of subjective or discretionary decisions, the employer will often find it easier than in the case of standardized tests to produce evidence of a 'manifest relationship to the employment in question.'"

We also believe the statement went on to speak of tests like the Hire Success Personality Profile which does NOT test aptitude, intelligence or skills when it said:

"Many jobs, for example those ...

Solution Summary

This solution discusses the interview process and other suggestions for Tech Planet and the legal and ethical considerations of different tests in 1,225 words.

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