A career coach in America recently asked how the Online Talent Manager instruments adhere to EEOC guidelines in the United States. The short answer is, “We do”, but I thought a more complete answer was necessary:
“OTM complies with the guidelines of the EEOC, specifically the UGESP, because it follows the even more strict rules of the NIP and COTAN.”
First, let’s unpack all of those acronyms:
From the EEOC homepage, we learn that the EEOC is: “The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” Personality testing is regulated by a law passed in 1978 that sets out the guidelines and rules for using personality (and other forms of selection tests) for the purpose of hiring and promoting employees. That law can be read here: “Uniform Guidelines on Employee Selection Procedures or “UGESP” under Title VII” but a more relevant document would be this publication from the US Department of Labor Testing and Assessment – An Employer’s Guide to Good Practices.
That’s a lot of reading, but how does all of that apply to the tests of the Online Talent Manager that are used for the purposes of selection and development in workplaces governed by EEOC regulations? OTM is based in the Netherlands, a country with, arguably, even more strict controls against discrimination than those provided by the EEOC. Apart from these legal restrictions, the OTM also follows guidelines published by the NIP (The Dutch Institute of Psychologists) and the COTAN (Dutch Committee on Tests and Testing Affairs).
This means that the tests and testing system provided by the OTM are built from the ground up to be non-discriminatory and fair to all candidates. This also means that the OTM system is structured to protect you (as a company making hiring decisions) from using our tests in a discriminatory way. When using the tests in a selection process, the system ignores information about the candidate that might be considered disriminatory ( age and gender ) when choosing a norm group. Information about ethnicity, religion, or sexual orientation are neither asked, nor considered when producing the results for a candidate.
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