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New Employment Equity Act requirement for psychometric tests

by , 04 August 2014
This week the spotlight is on the Employment Equity Amendment Act (EE Act) of 2013.

The reasons?

The Act officially came into effect on 1 August 2014, which means you have to get in line with the changes or face noncompliance penalties.

But there's no need to fret. Today, we're going tell you about just one of the amendments to the Act: Conducting psychometric tests.

Keep reading to find out what the amended Employment Equity Act requires you to do when it comes to psychometric tests so you can comply and avoid unfair discrimination claims.


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There are 26 changes to Employment Equity Act you must comply with in 2014...

If you don't comply with them, the DoL will be on your case.

In fact, the DoL could fine you 10% of your turnover or up to R2.7 million!

Discover how to check if you're complying with all of them to avoid crippling DoL fines.
 

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Before we get to your legal duties, let's first define psychometric tests
 

A psychometric test is a test that helps you determine if a person has the mental capacity or personality traits you require for them to do a particular job.

For example, you may use a psychometric test to find out how good the job candidate is at a certain skill, such as verbal or numerical reasoning before you hire him.

Now let's get what the EE Act requires you to do when it comes to these tests…
 

The amended Employment Equity Act has this to say about psychometric tests
 

The amended Employment Equity Act has tightened things a bit when it comes to psychometric tests to ensure you don't unfairly discriminate a certain employee or a certain group of employees when doing assessments.

The biggest change is that all the psychometric tests you want to conduct must be certified by the Health Professions Council of South Africa (HPCSA) or a similar body.

According to Helen Wilsenach, a partner in the employment department at Bowman Gilfillan, the Act says before you (employer) can carry out a psychometric test, or any other similar assessment of an employee, the test or assessment:
 

  • Must be scientifically valid and reliable;
  • Must not be biased against any employee or group; and
  • Must be certified by the Health Professions Council of South Africa.
  • In addition, you must apply the test fairly to employees.


It's that simple. Make sure you comply with the amended Employment Equity Act now that you know what it says about psychometric tests. We also recommend you check out this article on the Labour & HR Club, it contains the dos and don'ts of psychometric tests.
 

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