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©Copyright 2002
The Haynes Group, Inc.


 

Is it Legal to Test?

Please Read


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.