HR Magazine (10/12) Vol. 57, No. 10, P. 87 Wirth, Gabrielle; Gansle, Gary
Leadership development consultants are increasingly focusing on emotional intelligence (EI) as a key factor in a manager's importance, and are turning to assessment tools to gauge a job candidate's EI. But EI assessments fall under Title VII of the Civil Rights Act of 1964 along with other anti-discrimination and privacy laws that prohibit employers from using employment practices that cause a disparate impact on the basis of race, sex, age, or other protected categories.
Here are a few best practices that can mitigate the risk of an employer being sued as a result of emotional intelligence interviews and assessments. Make an EI assessment the last criterion for hiring, and use evaluations only after a candidate has been qualified for the job based on more objective factors including reference checks. To increase the chances that EI assessments and interviews will be legally defensible, prove that the traits being measured are clearly job-related. Some companies hire outside consultants to carry out job analyses, and providers of such assessments should verify that they have been validated under the Uniform Guidelines on Employee Selection Procedures. When using interviews to gauge EI, use the same interview questions for every candidate. If possible, also use EI analyses as development tools for existing managers. In so doing, a company can argue that also using EI criteria to screen new manager and executive applicants is a critical management tool. Monitor the results of these assessments to ensure there are no adverse impacts on any protected category of applicants. Use 360-degree reviews as a development tool, but do not substitute them for performance reviews. Finally, provide concrete examples of how improved emotional intelligence has positively impacted the company's goals in productivity, turnover, or innovation.
Leadership development consultants are increasingly focusing on emotional intelligence (EI) as a key factor in a manager's importance, and are turning to assessment tools to gauge a job candidate's EI. But EI assessments fall under Title VII of the Civil Rights Act of 1964 along with other anti-discrimination and privacy laws that prohibit employers from using employment practices that cause a disparate impact on the basis of race, sex, age, or other protected categories.
Here are a few best practices that can mitigate the risk of an employer being sued as a result of emotional intelligence interviews and assessments. Make an EI assessment the last criterion for hiring, and use evaluations only after a candidate has been qualified for the job based on more objective factors including reference checks. To increase the chances that EI assessments and interviews will be legally defensible, prove that the traits being measured are clearly job-related. Some companies hire outside consultants to carry out job analyses, and providers of such assessments should verify that they have been validated under the Uniform Guidelines on Employee Selection Procedures. When using interviews to gauge EI, use the same interview questions for every candidate. If possible, also use EI analyses as development tools for existing managers. In so doing, a company can argue that also using EI criteria to screen new manager and executive applicants is a critical management tool. Monitor the results of these assessments to ensure there are no adverse impacts on any protected category of applicants. Use 360-degree reviews as a development tool, but do not substitute them for performance reviews. Finally, provide concrete examples of how improved emotional intelligence has positively impacted the company's goals in productivity, turnover, or innovation.
