KSA Legal Compliance & Ethical Assessment Practices 3 — Questions and Answers
Question 1: The Standards for Educational and Psychological Testing (2014) are jointly published by which organizations?
- SHRM, SIOP, and APA
- APA, AERA, and NCME (Correct answer)
- EEOC, DOL, and OPM
- IPAC, NASPA, and ACT
Correct answer: APA, AERA, and NCME
The Standards are a joint publication of the American Psychological Association (APA), American Educational Research Association (AERA), and National Council on Measurement in Education (NCME).
Question 2: An assessor uses a physical ability test that screens out significantly more female applicants. To justify continued use, the employer must demonstrate:
- That fewer women applied overall
- Criterion-related validity linking test scores to job performance (Correct answer)
- That the test was purchased from a reputable vendor
- That male employees outperform female employees on the job
Correct answer: Criterion-related validity linking test scores to job performance
When a selection test has adverse impact, the employer must establish its validity—particularly criterion-related validity showing scores predict actual job performance.
Question 3: Which federal law specifically prohibits discrimination in employment based on genetic information, including family medical history?
- HIPAA
- GINA (Correct answer)
- ADA
- FMLA
Correct answer: GINA
The Genetic Information Nondiscrimination Act (GINA) of 2008 prohibits using genetic information—including family medical history—in employment decisions.
Question 4: When a KSA assessment is used for both selection and promotion decisions, ethical guidelines require that:
- The same cut scores apply in both contexts
- Separate validation studies should be conducted for each use (Correct answer)
- Only promotion decisions require documentation
- Selection validity automatically transfers to promotion contexts
Correct answer: Separate validation studies should be conducted for each use
Assessment validity is context-specific; using the same tool for different purposes requires separate validation evidence because the criterion and population may differ.
Question 5: A hiring manager asks an assessor to 'adjust' a candidate's KSA score because the manager 'knows' the person will succeed. The assessor should:
- Adjust the score if the manager provides written justification
- Decline and explain that score manipulation violates professional and legal standards (Correct answer)
- Add a supplemental interview to compensate for the lower score
- Allow the adjustment only if the candidate is from an underrepresented group
Correct answer: Decline and explain that score manipulation violates professional and legal standards
Altering scores based on subjective preferences undermines test validity, violates professional ethics codes, and may expose the organization to legal liability.
Question 6: The Uniform Guidelines on Employee Selection Procedures (UGESP) define the '4/5ths rule' as a threshold for:
- Minimum test reliability coefficients
- Identifying potential adverse impact requiring further review (Correct answer)
- Acceptable inter-rater agreement in structured interviews
- Pass rates required for test certification
Correct answer: Identifying potential adverse impact requiring further review
The 4/5ths (80%) rule states that if the selection rate for a protected group is less than 4/5ths of the highest-selecting group's rate, adverse impact is indicated.
Question 7: Which type of validity evidence is MOST directly relevant when defending a KSA assessment against a disparate impact claim in court?
- Face validity
- Content validity
- Criterion-related validity (Correct answer)
- Incremental validity
Correct answer: Criterion-related validity
Criterion-related validity—showing test scores statistically predict job performance—is the strongest legal defense against disparate impact claims under UGESP standards.
KSA Legal Compliance & Ethical Assessment Practices 3
The Standards for Educational and Psychological Testing (2014) are jointly published by which organizations?