For example, if an applicant can prove that the personality trait for which the employer was examined was indeed coverage for discrimination against a protected class, the employer could be found guilty of violating federal discrimination laws. Thus, if the employer seeks a personality trait, associates with a protected category and hires on the basis of that trait (perhaps as a substitute for that category), this may constitute discrimination. Finding the perfect employee is not an easy task in today`s competitive market. In the past, employers were content with standard applications. Today, employers use a variety of selection and audition methods during the interview process. One of these methods is to subject candidates to personality tests that offer certain benefits. However, they must carefully weigh the risks associated with such a recruitment practice. Today, MBTI is taken by more than two million people each year and is considered the most popular personality test in the world. It also brings in more than $20 billion to CCP, Inc., the publisher of the Myers-Briggs test, each year. Almost all of us took a personality test and clicked on a “Which high school musical character would you be?” quiz on Facebook, only to enjoy a moment of outrage just when we learn that we are soul sisters with Sharpay. However, some companies believe that personality tests can actually shed light on how a person works in the office environment and have started using them as a tool in the workplace – despite the questionable effectiveness and even more questionable legality of this method. The most popular rating, of course, is the ubiquitous Myers-Briggs test. Over the past 50 years, the use of personality tests in employee selection has not been subject to the same legal scrutiny as other, more cognitive tests.
However, there have been a number of lawsuits in the United States over personality tests. In addition, and probably just as importantly, the popular press has spread the opinion that negative perceptions of candidates and complaints about personality tests are quite common, whether true or not. In this chapter, we will first provide evidence of employers` use of personality tests in employee selection, the employer`s experience with legal claims and candidate complaints, and practitioners` views on the use and legality of personality tests. We will then discuss relevant U.S. labor law and past cases related to personality testing, and summarize possible legal issues related to personality testing and validation of these tests. This is followed by discussions about candidates` reactions to personality tests for recruitment purposes and other issues that may be related to complaints about these tests. We conclude that, although the use of personality tests in employee selection is not subject to intense legal investigation, there are certainly questions that the practitioner should consider before using these tools, in addition to the research that should be conducted to advance the legal and effective use of these tools in practice. There is no federal law that makes it illegal per se to conduct a personality test in the hiring process. One potential lawsuit employers could face is alleging that the tests are discriminatory. Of course, Myers-Briggs personality types are not recognized as protected classifications, so the applicant would have to argue that they were treated unfairly in the test because of their race, sex, or other protected trait. Admittedly, it would be illegal to require only male candidates to take an examination.
However, you should also be on the lookout for the different effects your tests might have, meaning that test results tend to affect members of a protected class in ways unrelated to the work and requirements of the company. These challenges are rare, but not unknown. You should also be aware of the Americans with Disabilities Act (ADA) prohibiting medical examinations or asking if an applicant has a disability. The Equal Employment Opportunity Commission (EEOC) has issued guidelines clarifying that you can take personality tests as long as they cannot be used to identify a mental disorder. Third, you may face claims that these types of tests violate a candidate`s right to privacy, either because the questions themselves are too intrusive or because you do not maintain the confidentiality of the candidate`s answers.