Integrity Testing … 1, 2, 3
08/20/08
Since 1988, when the federal Employee Polygraph Protection Act was enacted, it has been illegal for private employers to use lie detector tests to screen employees. So with businesses losing between $15 billion to $25 billion each year due to employee theft, more than 40 percent of companies are turning to another method to gauge employees’ honesty: integrity testing.
Here’s what you need to know to determine which of your current and/or future employees should take integrity tests and how you can stay out of legal hot water when administering them.
1. Test the right people.
Although, ideally, you’d love to know that all of your employees are upstanding, concerns about integrity are greater for some job positions than others. Workers who have unsupervised access to goods or cash - sales associates and cashiers, for example - are good candidates. Also, if you test everyone in your workforce, you can run into trouble. It may appear as though you are trying to match the test up to job requirements. If you decide to test for a certain job position, test all candidates for that position to avoid discrimination claims.
2. Use the right tests.
There are overt and covert forms of integrity tests. As the names suggest, overt tests question candidates quite obviously about theft, dishonesty and other misconduct, while covert tests are less direct and pose more general, personality-based questions. Whichever you opt for, understand the kind of validation the testing company is using; make sure the test is fair and scored appropriately for all takers (men and women, for example), and know that you understand the feedback/data you receive.
3. Know the law.
Personally review and have an employment law expert look at every question on the test. You want to be sure none of them invades privacy rights or elicits information (such as a mental disorder) that would violate the ADA/state disability discrimination laws or protected-class statuses.
Also,
- Before testing, obtain written consent from the applicant.
- Do not consider the test a substitute for a criminal background check.
- Keep results confidential.
Note: Massachusetts is the only state that has banned employers from using integrity tests. California and Rhode Island have laws saying that these exams should not be the primary basis for hiring, firing or promotions. Wisconsin employees can challenge an “unfair” honesty test. Some states’ laws are a bit vague. Consult HR or a local employment attorney with specific questions.