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EEOC has help for employment tests and selection procedures

November 17, 2010

A revised "fact sheet" summarizing the requirements of federal antidiscrimination laws regarding tests and other screening procedures for new and internal job applicants was issued in December by the Equal Employment Opportunity Commission.

The Fact Sheet on Employment Tests and Selection Procedures is posted at The document provides examples of the types of tests and selection procedures that can lead to discrimination concerns.


The document also summarizes relevant provisions of Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; describes recent litigation and settlements by the EEOC of claims involving testing and selection procedures; and briefly summarizes some "best practices" for employers.


Employers should regularly review their employee testing and selection procedures to minimize the risk of liability under Title VII, the ADA, and the ADEA. The new EEOC fact sheet provides a useful overview of some of the issues employers should consider when conducting such a review. However, because it does not provide comprehensive guidance, employers are encouraged to consult legal counsel in designing their testing and selection programs.