Is
it Legal to Test?
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The
Achiever is the updated assessment previously titled The
Profile. It
was developed and validated by James E. Moore, Ph.D., formerly
of Purdue University, in conjunction with several other
prominent psychologists, for the Communications Institute
of America, which is now known as Achievement Tec, Inc.
of Dallas TX.
Subsequently,
the technical expertise of Roger Pryor, M. S. Pysc, Max
Fogel, Ph. D. Univ. of Iowa, Licensed Clinical Psychologist
at Eastern Pennsylvania Psychiatric Institute; Associate
Professor in Psychiatry at University of Pennsylvania; and
Stanley Abrams, M.D., known for his work in psychology with
the Kaiser Foundation and the author of “The Legal Basis
of Polygraphy” have
made the assessment what it is today.
Created
in 1967, the published assessment was first utilized with
other known tests.
Dr. Moore later directed assessments of people in
order to compile construct validation of the test as a stand-alone
device. The
instrument was then updated and again revalidated in 1972
at considerable cost.
Neither
the Equal Employment Opportunity Commission (EEOC) nor the
Department of Labor nor any other government agency has
the right to approve any test or employment procedure.
The extent of their authority is to audit or investigate
allegedly unacceptable procedures, which have resulted in
or are resulting in discrimination.
On
numerous occasions, the FDIC has audited banks, which use
the Achiever assessment system.
In each case, the tool has always passed with flying
colors. The same is true with Office of Federal Contract
Compliance (OFCC) audits of federal contractor clients.
The various district offices of the EEOC are acquainted
with the Achiever assessment system, and to date, there
has never been an adverse finding against any employer for
using the Achiever, nor has its usage occasioned any in
or out of court settlement.
Having
reviewed the Achiever, the OFCC, a division of the Department
of Labor, has commented that there is no need to have the
Achiever validated within each client company since there
is only a remote possibility of any adverse effect on a
protected group. This
was noted as particularly true since there is no passing
or failing score yielded by the tool.
Nevertheless, the Achiever is validated by the construct
validation process and concurrent validations are continuously
in progress on an ongoing basis.
Utilizing
the Achiever properly ensures protection against EEOC problems
and adverse impact.
When the Achiever is properly utilized in conjunction
with other standard hiring and interviewing procedures,
it strengthens the employers’ position of taking affirmative
action to ensure that applicants and employees are treated
fairly without regard to race, color, age religion, sex
or national origin.
Morgan
and Associates has for the past thirty years provided assessments
for applicant selection and employee training, as well as
development and career enhancement to hundreds of companies
across the United States.
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