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Published: July 3, 2009 3:00 a.m.

Local job tests avoid bias

Applicant quizzes unlikely to defy high court ruling, area experts say

Jenni Glenn and Marty Schladen
The Journal Gazette
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Cameron

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At a glance
The ruling: In a 5-4 decision, the Supreme Court ruled Monday that the New Haven, Conn., fire department was wrong in throwing out the results of a promotional exam just because no black applicants scored well enough to advance.

The prominence: The ruling attracted a lot of attention because as a member of the federal court of appeals, Supreme Court nominee Sonia Sotomayor voted to uphold the fire department’s decision.

The result: It has touched off speculation that employers will scramble to ensure their tests don’t cause similar problems.

Fort Wayne – A U.S. Supreme Court ruling this week involving employment likely will have little effect on the practices of northeast Indiana’s private employers, several observers said.

Private-sector employers usually don’t rely on written tests when deciding whom to promote, hire and fire. Those that do are careful to avoid bias based on age, race, gender or other irrelevant factors, they said.

“We don’t do that type of testing,” said Roy Wiley of Warrenville, Ill.-based Navistar International Inc. Navistar subsidiary International Truck and Engine Corp. employs about 1,300 in Fort Wayne. “I can’t imagine any corporation like us does.”

Fort Wayne employment lawyer John W. Bowers said the issue decided by the court was a close one. It said an employer can’t throw out the results of a test just because of the results.

“I don’t know that it’s going to make a great deal of difference,” Bowers said.

The Supreme Court didn’t rule whether the New Haven, Conn., fire department’s test questions were acceptable, said George Raymond, vice president of human resources and labor relations for the Indiana Chamber of Commerce. The decision said employers couldn’t use tests to discriminate against racial groups. It might encourage employers who use tests to review them to ensure they’re fair, he said.

Two local employers – Grabill Bank and Indiana Michigan Power – say the ruling won’t change the aptitude tests they give job applicants.

I&M asks job candidates to take tests demonstrating typing skills, construction knowledge or other skills, depending on the position. The Edison Electric Institute, a trade association for shareholder-owned electric companies, validates I&M’s tests to eliminate race or gender bias, company spokesman Mike Brian said.

“We feel we are doing a good job evaluating new employees,” he said.

Fort Wayne-based I&M – American Electric Power’s regional operating company – employs 2,758 in Indiana and Michigan.

Grabill Bank tests prospective tellers’ counting and mathematical skills, said executive vice president Karen Cameron. The bank uses a testing company to ensure questions are fair, she said. Grabill Bank employs about 150 people.

As long as employers can demonstrate a test is evaluating skills candidates will need to perform a job, the exams are unlikely to draw criticism, Raymond said. Past court cases have called into question whether personality and IQ tests can be used to evaluate applicants.

Grabill Bank employees take personality evaluations but only after they accept a position with the company, Cameron said. The test provides information about each employee’s communication style. The bank uses it to develop employee training programs and encourage cooperation among workers, she said.

Bowers represents public and private employers. He said many employers face the most danger when deciding whom to cut.

Faced with staff cuts, officials with one county Bowers represents considered who was closest to retirement and who most needed the job.

“I said, ‘Hold up a minute,’ ” Bowers said.

He explained that if an employer gets hauled into court over a staffing decision, it must show that the decision was based strictly on an employee’s performance and ability.

jglenn@jg.net

mschladen@jg.net