TechWhirl (TECHWR-L) is a resource for technical writing and technical communications professionals of all experience levels and in all industries to share their experiences and acquire information.
For two decades, technical communicators have turned to TechWhirl to ask and answer questions about the always-changing world of technical communications, such as tools, skills, career paths, methodologies, and emerging industries. The TechWhirl Archives and magazine, created for, by and about technical writers, offer a wealth of knowledge to everyone with an interest in any aspect of technical communications.
Subject:FW: RE: Technical Test From:"Hager, Harry (US - East Brunswick)" <hhager -at- dc -dot- com> To:"TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com> Date:Fri, 2 Mar 2001 14:26:41 -0600
Andrew,
In response to the following question from Alan Miller:
> Have you considered this: pre-employment tests are a common source of
> lawsuits and EEOC complaints.
Andrew Plato wrote:
<snip>Yes, it has been considered. All our positions are considered
TECHNICAL
positions and therefore merit a test on TECHNICAL competence. 9 times out of
10
this test is administered over the phone, where I don't even know the
person's
color, disability status, veteran status, etc. There is also no written
record
of this test. The test is administered verbally as part of the interview.
It is perfectly legal to question people on their technical skill.
Furthermore,
I fear a world where we are not allowed to test people's skills because of
litigation-happy lawyers.
</snip>
Unfortunately, I think may be underestimating today's litigious climate in
the U.S.
I think you might consider being very afraid.
In today's world of hiring and firing people, nothing is perfectly legal
until the courts say so, and the courts might change their mind tomorrow.
If you and your company cannot prove that the exact same test is given to
all applicants, that the test is administered in the exact same manner to
all applicants (not 9 out of 10 times), that the test is indeed a
prerequisite for employment, you are open to a lawsuit. Even if you can
prove all this and more, there is no guarantee that you won't be sued.
It doesn't matter if you think a test is necessary. It doesn't matter if you
think the test is fair. It doesn't matter if you think the test is only a
part of the criteria for hiring somebody. It matters only what some lawyers,
judges, and juries think.
Sure, I'm over dramatizing the issue, but I think you are underestimating
the potential problems involved with the issue. You may be betting the
company every time you give a test.
H. Jim Hager
hhager -at- dc -dot- com
- This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law. -
If you are not the intended recipient, you should delete this message and
are hereby notified that any disclosure, copying, or distribution of this
message, or the taking of any action based on it, is strictly prohibited.
IPCC 01, the IEEE International Professional Communication Conference,
October 24-27, 2001 at historic La Fonda in Santa Fe, New Mexico, USA.
CALL FOR PAPERS OPEN UNTIL MARCH 15. http://ieeepcs.org/2001/
---
You are currently subscribed to techwr-l as: archive -at- raycomm -dot- com
To unsubscribe send a blank email to leave-techwr-l-obscured -at- lists -dot- raycomm -dot- com
Send administrative questions to ejray -at- raycomm -dot- com -dot- Visit http://www.raycomm.com/techwhirl/ for more resources and info.
