Improper Pre-Employment Tests Cost Contractor $875,000

Employers who use aptitude and other tests as part of their job application process need to be very careful that the tests do not unfairly screen out qualified minority candidates. Recently, the Department of Labor settled a case against a federal contractor for $875,000, where the contractor’s applicant selection process, which included invalid tests, resulted in the denial of jobs to 381 African-American, Hispanic and Asian-American workers. The DOL press release does not detail the nature of the invalid tests. However, the settlement is a reminder to employers must avoid using hiring criteria that has the effect of disqualifying otherwise qualified minority applicants.

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