Many employers now rely on personality tests when making a new hire; however, there are questions about whether they discriminate against individuals with disabilities. It is believed that using automation will screen out individuals for certain traits or characteristics that do not impact job performance.
It is important to remember that someone’s personality is not a protected class; however, there are situations when using this tool may violate the ADA (Americans with Disabilities Act) or the ADEA (Age Discrimination in Employment Act).
The biggest issues with personality test screening
One of the main issues with personality test screening is that multiple applicants are screened out of the process before they interact with a person. That is because the algorithms used by personality tests are not set to account for the different characteristics of disabled individuals (in most cases).
It is worth noting that not just personality tests create this situation. Resume screening tools and other automated screening processes do the same.
Protecting yourself from litigation due to unfair hiring practices
If you want to use personality tests as part of your hiring process, you must administer them in a manner that ensures they do not discriminate against protected classes. Even if you do this, some potential hires may claim the use of the test itself was discriminatory against them. Because of this, you must consider if you are willing to risk this.
If a potential hire or employee claims you are using discriminatory hiring practices, you must defend and protect your business. Litigation can be expensive, so weighing your options and determining if your hiring practices avoid discrimination is best.