Be prepared to prove that evidence exists to show that any test battery used is a valid predictor or representative of an individual's ability to safely and productively perform the job. Assure consistent application of all processes. Inconsistent application can lead to a claim of disparate treatment by members of protected classes. Even if the aforementioned elements are followed, if application is not consistent complainants may prevail. Review the process periodically.
Innovations occur regularly and ignorance is no excuse for participation in an outdated program.
Perform outcomes analysis to measure program success. Evaluators and employers are equal partners in maintaining program effectiveness. If the aforementioned issues of employment testing are not addressed, evaluators leave themselves and their employer-clients open for legal liability in the civil and class action arenas. However, a well thought out plan implementing proof of standardized, reliable, and valid testing protocols will provide a shield from litigation while moving to the forefront of proactive testing, focusing on one's abilities not disabilities.