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Legal Considerations 

How to Choose the Correct Battery of Tests

In determining an appropriate battery of assessments for each candidate, it is important to follow a few simple guidelines that will assure you and your company that the legalities of employment assessment are adhered to successfully. What is being measured should always correlate with the duties being performed on the job. For example, do not measure math skills if math is not used on the job.

Look at a current job description with a Human Resource Manager to determine which skills are required and what should be measured. Select cutoff score levels before, not after, testing occurs. Candidates should be aware of what is acceptable:
  • By doing readabilities on training materials
  • By analyzing on-the-job skills
  • By assessing successful workers who already do a particular job
  • Only use standardized tests (not company-made or teacher-made). This is an absolute must! You can choose to test all candidates, then do the final screening, or screen first, then test the final candidates. (This is important if cost is a factor.) There are different methods you may use in determining whom to assess. The company should release assessment results to the candidate assessed. They have a right to know the outcome.
Americans with Disabilities Act (ADA) Title II of the ADA states that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity or be subjected to discrimination by any such entity." This includes all disabilities (such as sensory and learning). The administrator must ask for documentation of such disability in advance, however, not the diagnostic scores. Accommodations must then be made. These auxiliary accommodations may include:
  • Easy access to the testing site
  • Someone to read the test other than for a reading test
  • Eliminating a time limit
  • Multiple break periods
  • A scribe to record answers
  • A sign language interpreter

For further information on ADA, please go to

Assessment for Business Resources

To arrange on-site or in-house customized assessments, contact:

Fox Valley Technical College - Assessment for Business
P: (920) 735-5718 | F: (920) 735-2533 |

Business and Industry

   Maintained by:

   Marie Hechimovich

   Last Modified:
   5/6/2013 3:00:28 PM

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