We strictly comply with all aspects of the Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA) which prohibit the use of discriminatory employment tests and selection procedures.

It is important that your testing company pay strict attention not only to the above laws but also the following. In 1978, the EEOC adopted the Uniform Guidelines on Employee Selection Procedures or “UGESP” under Title VII. See 29 C.F.R. Part 1607.1 UGESP provided uniform guidance for employers about how to determine if their tests and selection procedures were lawful for purposes of Title VII disparate impact theory.

In addition the following is a direct quote from the EEOC web site with which we also comply:

  • Employers should administer tests and other selection procedures without regard to race, color, national origin, sex, religion, age (40 or older), or disability.
  • Employers should ensure that employment tests and other selection procedures are properly validated for the positions and purposes for which they are used. The test or selection procedure must be job-related and its results appropriate for the employer’s purpose. While a test vendor’s documentation supporting the validity of a test may be helpful, the employer is still responsible for ensuring that its tests are valid under UGESP.
  • If a selection procedure screens out a protected group, the employer should determine whether there is an equally effective alternative selection procedure that has less adverse impact and, if so, adopt the alternative procedure. For example, if the selection procedure is a test, the employer should determine whether another test would predict job performance but not disproportionately exclude the protected group.
  • To ensure that a test or selection procedure remains predictive of success in a job, employers should keep abreast of changes in job requirements and should update the test specifications or selection procedures accordingly.
  • Employers should ensure that tests and selection procedures are not adopted casually by managers who know little about these processes. A test or selection procedure can be an effective management tool, but no test or selection procedure should be implemented without an understanding of its effectiveness and limitations for the organization, its appropriateness for a specific job, and whether it can be appropriately administered and scored.


The Employment Test Design Process is accomplished through the use of a Subject Expert. The Subject Expert’s role is to determine if a pre-employment test being used as a job selection criterion is a valid measure of the knowledge, skills, and abilities (Requirements) it is being used to measure without creating an adverse impact against any protected group in the candidate population.

Our Subject Experts are hired because of their intimate knowledge and experience with the subject matter of the test. We require a proven knowledge base and these experts are often College Professors and other teachers in academia. We also hire industry leader to design test in industry related test subjects, like CPA’s for the Accounting and Bookkeeping areas.

We require a thorough knowledge of all EEOC rules and regulations as well as require them to follow demanding rules for composing these tests. Our rules are as follows:

1. Determine the Requirements– Determine the Requirements to be measured by a written or performance test that are needed on the employee’s first day of employment, necessary and important to job performance, and linked to one or more important or frequently performed job duties.

2. Develop a Test Plan for Measuring the Selected Requirements– Includes establishing the general components of the test and choosing the number and type of test items.

a. General Components of a Test Plan – Should address the purpose of the test and the mastery level to be evaluated, manner of scoring such as requiring a passing score on each area of the test or allowing compensatory scoring which allows for a high score in one area of the test to compensate for a low score in another area, the target population being tested, manner of test measurement such as speed or power which allows for completion by the majority of test takers, reading level and delivery mode.

b. Choosing the Number of Test Items – Should address ensuring the appropriate Requirements are being measured, that there is a proportional sampling of these Requirements, and a sufficient number of items and/or a sufficient sampling the Requirements are included to generate high test reliability.

c. Choosing the Type of Test Items – Should address whether the items to be included measure the difficult, complex, and evaluative aspects of the knowledge, or just simple facts and definitions. Requirements must be measured in a relevant way using items that are appropriately geared to the level of the Requirements that are required on the job. The format of written test questions should be addressed and may include multiple choice, true or false, open-ended, or essay type. The format of the job performance or work sample items should be as similar to performance on the job as possible.

3. Developing Test Content – Develop the test content and thoroughly review the test plan before beginning work.


The Employment Test Validation Process is accomplished through the use of a Rating Committee. The Rating Committee’s role is to determine if a pre-employment test being used as a job selection criterion is a valid measure of the knowledge, skills, and abilities (Requirements) it is being used to measure without creating an adverse impact against any protected group in the candidate population.

Our Rating Committees are composed of three experts experienced and familiar with the job for which a pre-employment test is to be validated. They follow the Test Validation Steps noted below and document their meetings and findings.

1. Validate the Test – A second group of subject matter experts should convene to review the contents of the test. They should consider if test questions read well, if there is sufficient information for a test-taker to be able to answer the item correctly, if the question is free from unnecessary complexity, if the question is linked to an important job duty, what percent of minimally qualified applicants would they expect to answer the item correctly, and how serious of a consequence will occur if a person performing the target job did not possess the knowledge to answer the question or perform the related task correctly.

2. Score and Analyze the Test – Administer the test to a test population. We will analyze the test results, providing item-level and test-level analysis, and determine if the test can be declared valid.

a. Item-level Analysis – Is conducted by correlating the scores on the test item to the total scores for each applicant on the overall test. Items that possess inappropriate differential functioning for a protected group of applicants should be removed before the final scores are calculated.

b. Test-level Analysis – Involves calculating the mean score or mathematical average and standard deviation associated with test scores.

3. If the test has been validated, the final test score for each applicant should be reflected in a field on the hiring matrix and incorporated into the overall assessment of each applicant.