[wiaattorneys] FW: FW: Testing and Job Referral
- From: "Bervid, Joseph [IWD]" <Joseph.Bervid@xxxxxxxxxxxx>
- To: <wiaattorneys@xxxxxxxxxxxxx>
- Date: Wed, 22 Mar 2006 14:12:51 -0600
-----Original Message-----
From: Immerfall, Craig [IWD]
Sent: Wednesday, March 22, 2006 1:58 PM
To: Bervid, Joseph [IWD]
Cc: Dietsch, Anthony [IWD]
Subject: RE: [wiaattorneys] FW: Testing and Job Referral
Whoever told the employer below to use the TABE as a screening tool was
wrong. The TABE is not a validated test for selection purposes. The
TABE should only be used to measure proficiency in reading/math/language
skills so as to establish the appropriate level of educational
instruction needed by an individual and to measure growth after
instruction.
-----Original Message-----
From: Bervid, Joseph [IWD]
Sent: Wednesday, March 22, 2006 1:17 PM
To: Dietsch, Anthony [IWD]; Immerfall, Craig [IWD]
Subject: FW: [wiaattorneys] FW: Testing and Job Referral
-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Pomerantz, Jane
C. (GC-LI)
Sent: Wednesday, March 22, 2006 1:13 PM
To: wiaattorneys@xxxxxxxxxxxxx
Subject: [wiaattorneys] FW: Testing and Job Referral
Pete said I can share this with everyone.
And just in general, please remember that if you answer a question send
it not only to the person who asked the question but to the whole group
so everyone sees the answer and the flow of the discussion.
Thanks. JP
-----Original Message-----
From: Peter Wright/LDOL [mailto:PWright@xxxxxxxxxxxxxxxx]
Sent: Wednesday, March 22, 2006 10:05 AM
To: jpomerantz@xxxxxxxxxxx
Subject: Re: [wiaattorneys] Testing and Job Referral
The use of testing, with specific reference to the TABE test, is an
issue that the USDOL, Office of Federal Contract Compliance Programs
Dallas regional office is aggressively pursuing. That office's
jurisdiction concerns federal contractors, but many large employers have
federal
contracts. A recent case involving the TABE test resulted in a very
large
settlement, and we have had contact with this issue in Louisiana as a
result of a current investigation. USDOL has informally urged us to be
sensitive to this issue, and discussions led to a presentation by an
attorney from OFCCP to a couple hundred of interested persons, including
our department staff and local WIA personnel.
The basic message is that any criteria used to screen applications
requires "validation" if it has a "disparate impact." ( I suspect many
standardized test will have a disparate impact. Apparently this is an
especial problem with TABE, which was not designed to be a job screening
tool.) Our (our
your) offices' screening of applications, however, may shield employers
from knowledge about whether the criteria they use to screen applicants
are having a disparate impact. The process of validating a screening
criteria is highly technical, and is not simply a common sense type
judgment. Please note that this applies to any screening criteria used,
and not just standardized testing.
Thus, from an enforcement point of view, practices whereby we screen
applicants creates a glitch, although I think the employer has an
affirmative obligation to get the info it needs to look for disparate
impact. Department screening also thwarts the collection of evidence in
the investigation process. For example, we were screening using TABE,
but actually referred folks to one of our partners, the local school
board, for the testing. Thus, the investigators had to interview and
seek documents not only from us, but also do the same with the school
board. The speaker giving this presentation emphasized that record
retention was one of her major concerns with such arrangements --
multiple record custodians increases the risk of unavailable records.
In short, this type of arrangement makes it harder for OFCCP to build a
prosecutable case.
My personal take on this is that the TABE test currently is being
targeted; little OFCCP concern about other tests is apparent. A area of
somewhat less acute concern appears to be the use of prior experience as
a criteria as applied to the particular position being filled. My
general concern, from both a liability and policy point of view, is that
our involvement in any job applicant screening using the employer's
criterion makes us a part of the transaction. If a "department of
labor" is involved in such situations, it would seemingly be expert in
such matters and ensure that the process is done right, i.e., not
referring persons for testing that has a disparate impact unless it has
been properly validated.
As it stands, we have not yet come to a decision about how we are going
to address this. The potential impact on our activities in helping
employers screen applicants is huge. The issue is complex, and making
some staff properly understand the implications is a challenge.
Re WorkKeys, I think it's been around at least a little while. I
understand that some employers find that it screens out too many people,
but that's not my area of knowledge.
Peter Wright
General Counsel
La. Dept. of Labor
"Pomerantz, Jane
C. (GC-LI)"
<jpomerantz@state
To
.pa.us> <wiaattorneys@xxxxxxxxxxxxx>
Sent by:
cc
wiaattorneys-boun
ce@xxxxxxxxxxxxx
Subject
[wiaattorneys] Testing and Job
Referral
03/21/2006 03:03
PM
Please respond to
jpomerantz@state.
pa.us
Has anyone dealt with the issue of using a test score for job referral?
Years ago, when dealing with GATB, I told my folks not to base referrals
solely on the test scores for job referrals. An employer would say don't
send me anyone with a score lower than --whatever. Then when the GATB
came into disrepute we were sued for discriminating
against--whomever--for not sending them to a job interview. The employer
in the case defended by saying "we had nothing to do with the test or
giving it." Thus my edict.
Now there is a new test called WorkKeys which also does assessments.
And has been given some validity (pardon my use of that word) as one of
the assessment tools approved by US DOL under TEGL 17-05. The test, from
what I understand, is also used for specific jobs based on a profile
done at the employer's facility to ensure that the levels of skills
matches the actual job. We have been told that other states, especially
Virginia, SC and NC, are using the test for referrals in addition to
skills assessment.
Has anyone dealt with this issue? Has anyone dealt with this particular
test?
Thanks JP
Jane C. Pomerantz
Deputy Chief Counsel
Department of Labor & Industry
Phone: 717-787-4186
Fax: 717-787-1303
Wisdom is knowing the right road to take.
Integrity is taking it.
An Equal Opportunity Employer/Program
Auxiliary aids and services are available upon request for individuals with
disabilities.
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