Employment Testing

Write a 2-3 page analysis of a legal case that addresses the legalities of employment screening exams used in the selection process.


Employers often use employment tests to screen applicants and to assist in selecting the most qualified individual for the job. They can be very effective tools. There are many different types of tests, including cognitive tests, credit checks, criminal background checks, and medical examinations.

However, it is important to understand the legalities of these employment tests. Their use can violate anti-discrimination laws if an employer uses them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older). The use of these tests can also violate antidiscrimination laws if they disproportionately exclude people in a particular protected group, unless the employer can justify the test or procedure under the law.

In Assessments 1 and 2, you reviewed the overall aspects of employment law and trends in the workplace. This assessment introduces you to some of the issues that relate to the selection process and to the monitoring of behavior to sustain good decisions and prevent wrongdoing—a key concept in this course on legal issues. You will begin by looking at the details of the law. You will discern which practices are effective and which only cause extra work when working within the intent of the law.

Employment Policies

Employment policies are the first topic. Many of the earliest contracts were based on a handshake and the trust between two people. However, not everyone was trustworthy. Therefore, it was natural that a system of checks and balances emerged to bolster the contractual arrangement as well as mediate conflict and punish wrongdoing. It is no different in today’s environment. Setting up appropriate criteria and using those criteria to make the best decisions is an ongoing challenge.


Diversity in the workplace refers to the variety of differences between people within an organization. Diversity encompasses many factors, including race, age, ethnicity, religion, and education. The topic of diversity has had a significant influence on policy and law creation and development, and an organization’s success today largely depends on its ability to embrace and manage diversity effectively.

In this assessment, you will examine the impact diversity has had in the workplace by discussing the laws that address discrimination. You are also encouraged to consider affirmative action and Executive Order 11236 as you review this assessment’s Questions to Consider.

To prepare for this assessment, use the Capella library and the Internet to research a legal case that addresses the legalities of employment screening exams used in the selection process.

Then, complete a 2–3 page analysis in which you include the following:

  • Provide a description of the case.
  • Summarize the important issues in this case.
  • Include a detailed discussion of the outcome.
  • Address the evidence of discriminatory effects, and discuss the distinction the court is drawing between job-relatedness and business necessity.
  • Finally, offer your opinion regarding the reasons you are for or against the outcome of your case, along with your supporting rationale.

Additional Requirements

  • Written Communication: Written communication should be free of errors that detract from the overall message.
  • APA Formatting: Resources and citations should be formatted according to current APA style and formatting guidelines.
  • Font and Font Size: Times New Roman, 12 point, double-spaced. Use Microsoft Word to complete the assessment.
  • Length: A minimum of two pages, excluding title page and reference page (150–300 words per question).

Competencies Measured

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

  • Competency 1: Examine the effect of the employment process on current work environments.
    • Describe important issues in the case.
    • Discuss the outcome of the case.
  • Competency 2: Analyze trends and changes in the laws on diversity, gender, and harassment.
    • Discuss the evidence of discriminatory effects.
  • Competency 3: Apply the laws and safety issues in the workplace.
    • Discuss court distinctions.
  • Competency 4: Implement the mission, vision, and values to impact organizational culture.
    • Discuss personal opinion on the outcome of the case.
  • Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.
    • Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.

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