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Can you discriminate based on personality?

Can you discriminate based on personality?

As an initial recognition, personality is not a protected class. So, if the employer is screening for a personality trait it connects with a protected class and makes its decisions based on that trait (possibly as a proxy or substitute for that class), that can constitute discrimination.

What is discrimination in hiring?

Hiring discrimination happens when an unfair hiring decision takes place based on a person’s color, religion, sexual orientation, place of origin, age or genetics. Disability discrimination and racial bias can also constitute hiring discrimination.

Can you hire based on personality?

Hiring based on personality is a much more effective way to ensure that your employees will be a good fit, both when they join your team and well into the future. However, employers need to be careful. The decision to hire based on personality is important, but even more important is to do it the right way.

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Are personality tests legal in hiring?

No federal law makes administering a personality test in the hiring process illegal per se. In other jurisdictions, applicants have successfully filed claims against public employers by citing the U.S. Constitution’s privacy protections and against private employers by citing relevant state laws.

Should organizations hire based on personality?

As important as hiring the right candidate, it’s crucial for companies to retain talent and reduce turnover. With personality assessment, you can screen candidates more efficiently for aptitude and personality and assess whether a candidate is likely to stay in the role and fit in with the company culture.

How employers use personality tests?

Why do we use personality tests for jobs we are hiring for? Employers use tests like DiSC, Myers-Briggs, and other modern assessment tools to identify culture fit, communication style, and career trajectory. Unlike other pre-employment tests that focus on hard skills, there are no wrong answers on a personality test.

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How to define and identify hiring discrimination?

How to define and identify hiring discrimination? In order to spot and prevent any discriminative practices, it’s crucial to understand what discrimination is. Hiring discrimination takes place when a job candidate is treated unfavorably due to their gender, religion, age, race, sexual orientation, or disability.

Is it illegal to hire based on a personality test?

However, deciding to hire or not hire someone, based on a personality profile or characteristic, is currently not illegal. But some experts believe that personality tests may actually discriminate indirectly.

Why do employers use personality tests?

One reason is that personality testing provides a convenient way for an employer, who desires to exclude certain groups of people, to do so legally. An employer cannot choose an applicant based on factors, such as race, age, religion, ethnicity, national origin, sexual orientation, gender, pregnancy, disability, or other similar characteristics.

Is personality a good reason to not hire someone?

All other things being equal though, personality is a perfectly good reason to not hire someone, or to choose to hire someone. After all, some personality elements can be so disruptive to the work place that you’re better off not hiring someone at all than hiring a person with the wrong attitude.