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Do you do candidate selection based on any type of testing?  Some common tests include computer skills testing for Word, Excel and Outlook.  The standard typing test to assess speed and accuracy is another popular one.  Even many organizations have moved into testing the skills that are specific to the job function (IE: Telephone skills, Customer Services Skills and physical machine operation.)  Not a bad idea since “The percentage of people who lie to potential employers is substantial, says Sunny Bates, CEO of New York-based executive recruitment firm Sunny Bates Associates. She estimates that 40% of all resumes aren’t altogether aboveboard.”

There is a potential problem for those companies using pre-employment testing…  and, as usual in any employment situation, the problem lies in the ability to be consistent.  Organizations must consistently deliver the candidate testing and consistently interpret the results. Sounds easy enough…  But, what happens when there has to be an exception.

Let’s look at an example.  As you will see the potential for EEOC claims in our example become much larger than just in the testing practices. You have sales and marketing department for which you need an Operations Manager.  The hiring Executive has told you they need the  following:

1. The ideal candidate will have an accounting background including a minimum of an associates degree.

2. The ideal candidate will have at least 8 years prior experience in an office environment including 4 years of management experience.

3. The ideal candidate will test at an Expert Level on Outlook, Word and Excel. (Yep, a certificate of proof is necessary.)

4. The ideal candidate will be able to type 60+ words per minute. (Yep, include the certificate for this too.)

Of course there are many other qualifications that the management is looking for the in the ideal candidate. But, for this example, we will stick to the four. You run the ad requesting resumes to be sent to you.  Because you live in So Cal and it is the end of 2009 your in-box is about instantly flooded. Hundreds and hundreds of resumes come in.  You shut down the ad  after 450 resumes- surely one will be your ideal candidate.

You begin filtering.  Ok, 275 did not include any/all certificates verifying skill levels as you required.  Those get tossed to the side.  You have 175 left.  You continue to filter…  Typing Certificate says 48 WPM, Excel level is Above Average, No prior management experience, no minimum associates degree.  Whew, after all the filtering, you are down to 10 candidates.

Now, for our example our Senior Hiring Executive has been out there doing his own “candidate search” via his friends/colleagues network and found his own candidate that he likes.  (This example works the same if none of the 10 candidates end up being the “right” match and you go back to the other 440 for more to interview.)  Now the candidate he likes has the prior experience, but only 3 in management and does not have a degree.  And, because it is a hand selected candidate the hiring executive does not require this candidate to provide the testing results.  This Hiring Executive decrees this is the perfect candidate and moves them to the offer/orientation process.

Does this sound familiar? Despite your best candidate selection process and filtering… candidates still seem to make it in without ever having gone through you?

Here is the big problem that most do not think about in this process… because the selected candidate was not required to have the skills listed in the job posting… now, everyone that sent their resume for that job opening that did not have the qualifications should not have been considered as potential candidates.   So, if one of those candidates felt that they didn’t get the job because of their race, sex, etc… the can go to the EEOC.  And, while the EEOC does their investigation… they will uncover all of the resumes you have that were not considered and will identify them because they are in a protected class.  And, now your open position for $60,000 annually is costing you 450K to pay out for the 245 in the protected classes that were never considered for the position.

The potential is there for something as simple as a Typing Test and minimum words per minute.  You said you needed candidates to type 75 words per minute.  But the candidate you selected (perfect in every other way) only types 60 words per minute.  Now, you are open to possible discrimination charges because of all of those that type 60 words per minute that were not selected and just so happen to be in a protected class.

Coach you managers to understand that they need to protect the organization from EEOC claims… and that means when determining qualifications for the perfect candidate, they HAVE to stick to them.  It will be a hard discussion to have with your Senior VP that insists on hiring their nephew fresh out of college for that seasoned position… But, point out that you are saving the company hundreds of thousands and numerous headaches.  If they don’t believe you, simply point them to the EEOC website to read Headline after Headline of the extraordinary settlements paid by those organizations who go up against the EEOC for discrimination.