A large organisation was found to have discriminated against ethnic minority applicants after an employment tribunal. Following a restructuring of the organisation, 100 new middle management posts were created. Approximately 30 per cent of employees are of ethnic minority origin, and currently 3 per cent of management are of ethnic origin. The personnel department decided to use a structured interview and two cognitive ability tests (a measure of verbal reasoning and a measure of numerical reasoning). Six hundred employees applied for management posts, of whom 30 per cent were of ethnic origin. However, only 10 per cent of the job offers were made to ethnic candidates. The tribunal ruled that the tests were inappropriate in terms of the time allowed, the level of difficulty, the skills tested, and the content covered. There was evidence of adverse impact and unlawful discrimination. The organisation conceded there was unintentional and indirect discriminatory impact on ethnic minority candidates and suggested compensation.

Questions

1 What's the difference between fair and unfair selection testing?

2 How can unfair discrimination be recognised?

3 What needs to be considered in evaluating the test?