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  1. #1
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    Sep 2007
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    6

    Default Can You Sue A Bogus Employee Profiling Company

    A while back I had a job interview that went great, except that the manager had me take a profiling test prior to the interview and apparently refused to hire people that did not get a certain result on the test.

    Thing is, the test was absolutely ridiculous. It wasn't based on astrology or anything, but the questions were completely ambiguous and poorly designed. They asked questions that you could answer both ways regardless of your personality type, and used terms that had slightly different underpinnings that affected the outcome of the question in ways they didn't account for. The company had no scientific foundation for their claims either. To see what I am speaking of in detail, see this other thread where I outline the issues in detail:
    http://www.actuarialoutpost.com/actu...d.php?t=112340

    Anyways my question is has there ever been any kind of cases where someone tried to sue a company like this for poor reports on someone's character? I have read scientific studies claiming that these things have a poor correlation with job performance as well as hearing the same from employees. I feel like the company is harming the free market by constricting free flow of information... arbitrarily reducing the labor pool/ available jobs etc. Also if it is clear that someone cannot be identified by their poorly designed test they probably just give a negative on the person so the company they service doesn't become populated by people who think the test is worthless...

  2. #2
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    Default Re: Can You Sue A Bogus Employee Profiling Company

    It sounds like a personality test. Employers can use them to help determine if somebody will be a good fit for a job.

  3. #3
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Can You Sue A Bogus Employee Profiling Company

    Most companies base their hiring decision only partly on personality/psychological test results (ie 25% of decision).

  4. #4
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    Sep 2007
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    Seattle Wa
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    Default Re: Can You Sue A Bogus Employee Profiling Company

    I don't know about slander,however if the test violated Title VII, or the A.D.A yes it could be in violation.
    JoeC

  5. #5
    Join Date
    Sep 2007
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    Default Re: Can You Sue A Bogus Employee Profiling Company

    Personality tests have been shown to have insignificant correlation with job performance.

    Beyond this in my case I basically pointed out to the test takers that their questions were ambiguous, did not call for one answer over the other, that I perhaps did not give typical results because of education in philosophy etc.

    So they sent a negative result to the hiring manager who went from I'll have you in next week for training to I can't hire you because the test said so.

    What I meant about the philosophy bit was if a question asks

    Emotion/charm or Facts/proof the answer is basically random for someone who is not so stupid and close minded that they pick one over the other. I am a purely rational person who picked emotion/charm over facts/proof because facts/proof indicate something you show someone and they have to accept it if they are not stupid when in reality facts and proof are subjective. Also it is necessary to not piss someone off when you convince them of something.

    Anyways my question wasn't really "is this a personality test that employers use", but rather what has stopped anyone from suing them claiming that their arbitrary results have caused personal damage.

    Or more specifically can they be sued for saying someone did bad on the test when they instead basically refused to take it. With the implied goal of not letting the company hire people for whom the test is useless and that would probably vote to get rid of it.

  6. #6
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    Mar 2005
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    Default Re: Can You Sue A Bogus Employee Profiling Company

    Do you think you can do well on a test that you refuse to take?

  7. #7
    Join Date
    Sep 2007
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    6

    Default Re: Can You Sue A Bogus Employee Profiling Company

    Quote Quoting aaron
    View Post
    Do you think you can do well on a test that you refuse to take?
    Excuse me I am not sure what you mean? For one it was a profiling test where they are supposed to tell you if you would get along with the manager or something like that. Not really a good/bad, pass/fail type of test, except that it might claim that you wouldn't get along with anyone or that you would disrupt any work environment.

    The extent of their reasoning ability may just be that if someone resents trying to arbitrarily pick between to answers when neither is better than the other than they will disrupt the environment. If you believe that then I can make an argument to convince you of anything.

    Also, the type of "refusal" that I was speaking of is one where your personality makes it impossible to choose between the answers providing. Thus clearly indicating that the test fails to differentiate between various personality tests. Not surprising, since they basically just made the test up out of thin air.

    Even other such personality tests are in depth enough to explain why this one is completely inept - for instance the personality indicator has a type of "rational" that is capable of dealing with and understanding people such that they would answer the above mentioned question the same way despite being rational minded.

  8. #8
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Can You Sue A Bogus Employee Profiling Company

    Look, bottom line is that the employer did nothing illegal. You weren't hired because of something illegal i.e. your race, age, religion, etc..... You can sure try and sue the employer, but it will a wasted effort that reputable attorney will take on.

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