Saturday, July 20, 2013

Quote from Veiled Barriers: Pre-employment Testing and Individuals with Disabilities

Job applicants are seldom given the underlying reasons for non-hiring. The dearth of litigation involving employment tests of individuals with disabilities does not, in and of itself, prove that these tests do not contribute to discrimination in hiring. Rather, it is more accurately a reflection of the practice of companies marketing employment tests advising employers not to disclose the impact of the test scores on their hiring decisions. The widespread adoption of these non-disclosure policies by employers effectively forestalls legal challenges to the lawfulness of pre-employment testing, as most rejected applicants will lack knowledge of the significant impact their test results had in the hiring decision. Consequently, employment tests have been insulated from judicial scrutiny.
 Ilana S. Lehmann, William Crimando, Veiled barriers: Pre-employment Testing and Individuals with Disabilities, Journal of Rehabilitation Administration 01/2006; 28:11-22.

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