SELECT PERSPECTIVES BLOG

One Way to Make Your Hiring Process Legally Defensible [VIDEO]

Posted by  Alli Besl, Ph.D.

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There are many things employers can do to ensure that their hiring process is legally defensible, including using behavioral based interviews and using a consistent process across the organization. And though some may think that using employee assessments could lead to legal issues, the opposite is true. 

Our vlog series continues this week with another common question about whether implementing an assessment could have any legal ramifications. In this vlog, I'll explain why using employee assessments actually makes your hiring process more legally defensible, and I'll review additional analyses we conduct to keep things fair.

 

Transcript: One Way to Make Your Hiring Process More Legally Defensible

Vicki Cooper, Consulting Associate: Another really important question that comes up when we're introducing the concept of assessments with our clients is the legal aspect, and could implementing the assessment have any legal ramifications down the line.

Alli Besl, Ph.D.: That's a really good question, Vicki. A lot of times, clients will be a little concerned that implementing a test might get them into some legal hot water. But, actually, it's the opposite.

If you're implementing an assessment process, you're administering that same process to every candidate. It's very consistent and reliable – so you don't really need to worry about that. You're not asking them random questions or varying the questions you're asking from person to person. You're implementing a steady, consistent process. 

Related: 4 Best Practices for Legally Defensible Interviews

Additionally, we conduct what's called Adverse Impact Analyses to ensure that our test doesn't discriminate against any protected groups in any way. So, it really makes you more legally safe from that perspective.

Vicki: Consistency is key!

To learn more about what you can do to make your hiring process more legally defensible from the interview process to using employee assessments, check out our guide on interviewing, below.

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Alli Besl, Ph.D.

Allison Besl is a Research Consultant based in the Pittsburgh office of Select International. Her areas of expertise include: employee turnover, selection and recruitment.

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