HR Data Solutions

Pre-Employment Assessment Legal Concerns

7 Common Concerns with Pre-Employment Assessments | HR Data Solutions

We often find that employers are apprehensive to deploy pre-employment assessments because of the risk of adverse and disparate impact, HIPAA violations, and other unintentional harm that may result. We agree that pre-employment assessments can be accompanied by risk, but we also know that there’s a right way to implement these important assessments in your recruitment process.

Here, we share the most common concerns clients have about pre-employment assessments, online assessment tests for jobs and how our solution addresses them.

#1 – Employers must be more careful than ever before to avoid overreaching when it comes to storing, collecting, and using personal data.

Any assessments that HR Data Solutions recommends you incorporate into your hiring process have been reviewed by our legal counsel and deemed to be relevant to the job and not in violation of any state or federal laws that apply to your organization.

#2 – AI software data sets can contain implicit bias, which in turn leads to biased selection processes.

This is true; in an industry that hires primarily men or primarily white employees (because perhaps those are the demographics of the labor pool in their area), the algorithm may reflect that bias, leaving women or minority candidates at a disadvantage. Simply ask the team at HR Data Solutions for an ATS audit, which evaluates which candidates fail at each step of the hiring process and gives you all the information you need to avoid disparate or adverse impact going forward.

It’s also important to evaluate each failed pre-employment assessment test to identify trends.

Check how you can avoid discrimination in the hiring process.

#3 – There is a risk that private information collected through pre-employment assessments could be accessed by an unauthorized user.

Our solutions take into consideration candidate and employee privacy and provide roles that prevent unauthorized users from accessing the private information of candidates and employees to address this worry.

#4 – Candidates should provide written consent to participate in the use of AI in the recruitment process in order to protect the employer.

HR Data Solutions provides methods of educating candidates on the process, including the use of artificial intelligence and machine learning, as well as methods of obtaining documented consent from both employees and candidates. It’s important that organizations are transparent with candidates about how information gathered in the process will be used.

#5 – We don’t know enough about the system to ensure there is no disparate impact or defend it in an audit.

Understanding the HR data analytics you use and developing internal processes to identify and remediate any biases that develop is key to successful implementation, but we’re here for it. We’ll help you gain complete understanding of the tool and how it uses data to drive decisions as well as develop practices that identify and address bias internally.

#6 – Using artificial intelligence may eliminate candidates who are either unwilling or unable to use AI.

Yes, this is why it’s so important to offer accommodations to those candidates. We can help you identify accommodations that make sense.

#7 – Some state laws require that all parties being recorded have consented.

Compliance with state and federal privacy laws is important. Our systems ensure that every participant provides consent and our guidance will provide interview best practices and encourage you to share only with those who need to know in order to make hiring decisions.

To learn more, visit the experts at HR Data Solutions today.

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