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1. FEATURE STORY:
PERSONALITY TEST DOESN'T MAKE THE ADA GRADE

To focus on the best applicants, many employers turn to personality tests. Twenty years of research seem to support their decision. After all, research has established definitive links between specific personality traits and various aspects of job performance. The Seventh Circuit Court of Appeals recently found its own definitive link. Unfortunately for employers, this link is between at least one widely used personality test and the Americans with Disabilities Act (ADA).

Court "research" results: The Minnesota Multiphasic Personality Inventory (MMPI) is designed, at least in part, to reveal mental illness. Because of this, the Seventh Circuit ruled that the test amounted to a medical examination. Since the ADA prohibits employers from conducting medical examinations that screen for mental illness, the court ruled that using the MMPI violated the ADA. (Karraker v. Rent-A-Center, Inc., 7th Cir., No. 04-2881, 2005)

Note: The employer in Karraker used an earlier version of the MMPI. The current version, the MMPI-2, has been significantly revised to eliminate many true-false statements found objectionable by the court.

Although the Seventh Circuit's ruling only applies to the MMPI, it's reasonable to conclude that any personality test that aims, in part, to diagnose psychological disorders may run afoul of the ADA. Therefore, there's no time like the present to assess any personality tests your company may employ or those you're thinking of using.

For starters, look at the test questions themselves. Make sure they are job-related and free from mentions of faith, spirituality, sexuality, and self-diagnosis.

Have an objective third party (preferably a member of management not involved in the hiring process whatsoever) take the test and share his/her impressions with you. Note any questions the test-taker labels as a red flag.

Then, take a look at the test as a whole. Determine: its purpose and function; how it identifies the job characteristics for which you're looking; how widely it's used in your industry; whether an updated version exists; and whether it raises concerns about an individual's mental state. Take a similar look at tests used by recruiters and staffing agencies that provide your company with applicants or employees.

Most importantly, decide whether you think personality tests are right for your company. Take into consideration that much research has been devoted to studying how individuals lie and purposely fake their personality type on these tests. Some experts contend that it's surprisingly easy to manipulate the tests to get the "right" (i.e., you're hired) answers.

Personality tests aren't the only windows into applicants' and employees' personalities. If you decide not to use these tests, consider incorporating behavioral-based questions into your hiring interviews. Behavioral questions are designed to draw out examples of how the applicant has acted under conditions he/she will likely encounter on the job. They usually take following forms.

• Describe an incident where you...

• Tell me about how you...

YOU SAY RESIGNATION, EMPLOYEE SAYS TERMINATION...WHO’S RIGHT?

When employees resign, managers are the ones who have to prove they left willingly should a legal entanglement ever ensue.  A simple resignation could get difficult if the employee... View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the Free Report, "State Family/Medical Leave Laws," which summarizes each state's family and medical leave provisions for private employers. You get an overview of employer and employee eligibility requirements, amount of leave entitlement, reasons for leave, and reinstatement rights for each state.

Kick back, relax, and take a few minutes to check out the new HR Soapbox, "No Computers Were Harmed In The Writing Of This Article," in which one editor discusses her rage against the machine.