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Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case, Part I:
The Basics: the Facts and Holding of the Ricci case

Written on 6 Jul, 2009 at 15:41

There’s no way I can get the “scoop” on what has been perhaps the most eagerly awaited Supreme Court decision of the term: Ricci v. DeStefano, No. 07-1428 (June 29, 2009). Since the Court’s 5-4 decision was announced last week,... (Continue reading)

My First Political Endorsement

Written on 23 Oct, 2008 at 22:08

In its over five years of existence, this blog has never been about politics. But there is a time for everything. And now is the time for me to do one more thing to support the Presidential candidate of my... (Continue reading)

Employee Survey Use & Design

Written on 18 Mar, 2008 at 14:38

Today, online employee surveys are becoming more common than old-fashioned pencil-and-paper questionnaires, a trend that is increasing employee participation rates, adding significantly to the accuracy and meaningfulness of survey results. Regardless of the format, if used properly, they can be... (Continue reading)

Are Today’s Applicants Dumber?

Written on 4 Dec, 2007 at 0:55

A recent press release from Wonderlic, Inc., reporting on a new study of company data, says applicants today aren’t as smart (lower cognitive ability) as similarly-educated applicants of yesteryear. The data is from the company’s well-known Wonderlic Personnel Test (WPT).... (Continue reading)

Friday humor; introducing a new drug testing option

Written on 22 Feb, 2007 at 21:34

The short video below introduces a whole new concept in drug testing, one that avoids the pitfalls of conventional urinalysis. Check it out. Read the true story behind the video. Options include testing skin and testing surfaces, such as desks... (Continue reading)

Plain Talk About Employment Testing From Bob Brady, a Straight Shooter

Written on 15 Sep, 2006 at 16:25

(And from George, making it two straight shooters — hopefully) Back when Michael Harris was a contributor to this blog, employment testing was a fairly common topic here, and naturally so, given his background as an industrial/organizational psychologist. Unlike Michael,... (Continue reading)

Even More On FedEx’s Use of the BST Testing: Is It Really Valid?

Written on 4 Jul, 2006 at 11:58

Since my posting on the EEOC’s investigation of FedEx’s use of an employment test, I have continued to find some more interesting information on FedEx’s use of an employment test. This time, the information comes from a lawsuit against FedEx,... (Continue reading)

Follow-Up to EEOC’s Investigation of FedEx’s Employment Testing

Written on 3 Jul, 2006 at 10:36

Recently, I posted a story about EEOC investigating FedEx’s use of a test for a number of positions throughout the U.S. EEOC has apparently raised concerns that this test battery has a disparate impact on minorities. Since that posting, I... (Continue reading)

EEOC Investigates Potential Nationwide Test Discrimination At FedEx

Written on 7 Jun, 2006 at 16:47

In a recent press release, EEOC announced some interesting turns in an investigation of FedEx’s promotion policies. One interesting turn involves the refusal by FedEx to comply with a subpoena to provide files and therefore EEOC has asked the U.S.... (Continue reading)

Disparate TREATMENT vs. Disparate IMPACT

Written on 5 Jun, 2006 at 21:16

Some otherwise very knowledgeable and smart HR folks, and perhaps even lawyers, may have difficulty understanding the difference between disparate treatment and disparate impact. Indeed, in some old Supreme Court cases, the supreme court justices appeared to begin to merge... (Continue reading)

To Proctor or Not to Proctor: That is the Question for Some Internet Tests

Written on 17 May, 2006 at 14:15

Nope, “proctoring” has nothing to do with anything medical. Rather, it relates here to whether or not a company assigns someone to watch over test-takers as they take an examination of the psychological type. In his latest posting, Jamie of... (Continue reading)

EEOC Starts Focusing On Recruitment and Hiring Discrimination

Written on 16 May, 2006 at 8:59

In our recent posting regarding EEOC’s new compliance manual on race and color discrimination, I didn’t mention that recruitment discrimination seems to get quite a bit of attention. This seems to indicate a renewed emphasis at EEOC. Curious to see... (Continue reading)

I’m Back from Dallas, TX Conference

Written on 9 May, 2006 at 14:07

I was away from home for a few days, at a conference for Industrial Psychologists, presenting several papers and meeting various friends and colleagues. I also spent some time visiting friends in Dallas. Big homes there! My paper presentations concerned... (Continue reading)

Michael’s Upcoming Speaking Engagement

Written on 5 Apr, 2006 at 21:50

On April 27, 2006, our own Michael Harris will speak on “Legal Landmines in I/O Psychology” at a luncheon sponsored by Gateway Industrial/Organizational Psychologists More specifically: Related Reading: Employment Law: Historic Supreme Court Decisions (LandMark Case Law) Testing Miss Malarkey... (Continue reading)

Everything You Ever Wanted to Know About Employment Testing (But Didn’t Know Where to Ask)

Written on 21 Mar, 2006 at 11:20

Many people question the value of, and issues related to, employment testing in the workplace. At this blawg, we have often covered employment testing, from a variety of perspectives. We have also looked at case law regarding employment testing. I... (Continue reading)

Employment Testing: A Diversity of Views

Written on 24 Feb, 2006 at 11:26

I think that in many ways how people feel about employment testing is probably quite similar to how they felt about tests at school. Some people I knew loved taking tests at school; other people were terrified at the mere... (Continue reading)

A Quiz for your Emotional Intelligence

Written on 31 Jan, 2006 at 6:49

You probably have taken some tests during your lifetime to assess your general intelligence. But, how about your emotional intelligence (EI)? If you are wondering what EI is even, a common definition of EI is: EI refers to the capacity... (Continue reading)

Did EEOC “Overlawyer” the Dial Corp. Employment Testing Case?

Written on 19 Nov, 2005 at 18:00

We’re always pleased when the popular Overlawyered blog links to us. Frankly, in the past those links have provided our biggest readership bounces. So we were happy that Overlawyered picked up the story of the Dial Corp. case involving gender... (Continue reading)

Much More on Strength Test with Disparate Impact on Women

Written on 25 Oct, 2005 at 10:12

When I wrote this post the other day, I thought it sounded familiar. This morning I discovered that’s because I had written very popular posts about the subject twice before. Related Reading: Managing Human Resources Statistical proof of discrimination Hiring... (Continue reading)

Dial To Pay $3M for Strength Test with Disparate Impact on Women

Written on 20 Oct, 2005 at 14:42

Flex up ladies! You got to carry your weight if you want to work here. Not so fast! A common sense approach to using a physical test that simulates a job activity for purposes of screening applicants for a manual... (Continue reading)