Hagberg Consulting Group is highly cognizant of its clients' needs to minimize legal risks in their hiring processes. The Hagberg Prehire Assessment Program does not increase your legal liability in hiring.
If an assessment is designed to test for attributes related to professional performance, and is utilized by an employer as a predictive measure regarding the individual's potential performance in the workplace, it is a legal and proper test under the Americans with Disabilities Act (ADA), established by the Equal Employment Opportunity Commission (EEOC). The assessments used by Hagberg Consulting Group have demonstrated strong predictive validity to professional performance.
Given that (1) Hagberg's assessments validly predict an individual's social and communication skills, decision making style, management and leadership capabilities and personal characteristics and that (2) we are evaluating the candidate specifically for qualities which have been identified by the Position Analysis as necessary for success in the position, we are in compliance with the ADA and the EEOC. The EEOC has never ruled against an employer when a position analysis has been used.
Finally, the Hagberg prehire process is in compliance with the California Privacy Laws, as the assessments and interviews involve no inquiries regarding an applicant's sexual, religious, or biological functions behavior.
Sources:
Author Guttman, Ph.D. Professor of Psychology, Florida Institute of Technology. Author of EEO Law and Personnel Practices.
Jane Goodman-Delahunte, Ph.D. and JD, Administrative Judge for the EEOC in Los Angeles.
Dr. Walter Jackson, Industrial and Organizational Psychologist.
