Esther Lander and Ashley Keapproth Quoted in HR Magazine on Employment Personality Tests

Akin Gump labor and employment partner Esther Lander and counsel Ashley Keapproth were quoted by HR Magazine in the article “What Do Personality Tests Really Reveal?” which addresses the use of personality tests by employers during the hiring process. The article notes that while such assessments are being used more often, their accuracy is also being questioned with greater frequency.

In some instances, employers can be held liable if the tests inadvertently exclude groups protected under Title VII of the Civil Rights Act of 1964. Human resources professionals, the article warns, should not trust vendors who say their assessments have been validated without verifying the claim.

Lander said, under Title VII, “the employer—no matter who gives them the test—is the one responsible.” While some vendors of those tests may promise to indemnify the employer, she suggested, it is not clear how solvent they are.

Keapproth added that to minimize legal risk, employers should make sure an assessment focuses on specific personality traits that have been proved to be linked to a specific job.