HRMorning.com » Opinion: Supreme Court rules on testing! (Ho-hum)

Opinion: Supreme Court rules on testing! (Ho-hum)

July 1, 2009 by Jim Giuliano
Posted in: Employment law, Hiring, In this week's e-newsletter, Latest News & Views

The High Court ruling on the New Haven, CT, firefighters’ case seems as if should have some relevance to the day-to-day job of being an HR manager. Except it probably doesn’t.

To recap the case of Ricci v. DeStefano:

Eighteen white employees and one Hispanic passed a firefighter promotion test. No black employees passed the test. The whites later sued the city after officials nixed the test results — and in fact dropped the test altogether — when the officials feared they’d be sued by black test-takers claiming that the test discriminated against and had a disparate impact on blacks.

The white employees took the case to the U.S. Supreme Court and won. The Supremes, in a 5-4 vote, said the city had to go by the test results. (Of no small significance — publicity-wise — was the fact that the  High Court overruled the judgment of Supreme Court nominee Sandra Sotomayor.)

Countless employment-law attorneys are now dissecting what the ruling means to you and your particular organization. Our guess is that, for most HR managers, the impact amounts to a big, fat zero.

First of all, the test in question was a promotions test, not a hiring test. Second, it was administered by a unit of government. Third, no one really has been able to nail the overall impact of the ruling.

Most employment tests these days are what are called “assessments,” meaning they test particular skills needed for the job in question. In fact, the City of New Haven officials  have mentioned they they’re moving to such tests, which are supposed to measure relevant factors instead of general knowledge or intelligence. So the ruling on the firefighters’ case has a further “who cares?” factor — unless you happen to be one of the eighteen who got denied a promotion. (And if you are, we suggest you look elsewhere for relevant post mortems of the ruling.)

Now, maybe you use Wonderlic or personality testing as a tool for hiring, but it’s doubtful that you rest your entire hiring decision on the results. If you do, we humbly suggest you consider changing your ways.

Be assured that the Supreme Court ruling has nothing to do with Wonderlic. In fact, we doubt it has much to do with anything of interest to you.

Unless, of course, you happen to be an employment-law attorney who’s looking to drum up a little more business.

  • Share/Bookmark

Tags: , , ,

2 Responses to “Opinion: Supreme Court rules on testing! (Ho-hum)”

  1. Geoff Burcaw Says:

    No relevance to HR managers? First, it doesn’t matter that this was a promotional test. Any process used to make an employment decision is a test in the eyes of the law. Second, it doesn’t matter that this was a government agency. Any organization with more than 15 employees is covered under Title VII of the Civil Rights Act. Third, the City of New Haven wasn’t testing “general knowledge or intelligence.” They paid over $100K to a consulting firm to develop a job-related test.
    This case is absolutely relevant to all HR practitioners, and I urge everyone to get the real facts.

  2. Bill Walker Says:

    Please go back and read the case. There WERE African Americans who passed the test. There were simply not enough availble open positions that could be awarded to everyone who passed. There were 19 openings and the 19 employees witht eh highest scores were all white and one Hispanic.

Leave a Reply



advertisement

Whitepapers

Recent Popular Articles



advertisement


































































a