In order to protect the rights of both employers and job applicants,
there are numerous laws and regulations that affect the manner in which
the overall hiring process is conducted. In general, these laws
and regulations address, among other things, issues of discrimination/fairness
and privacy. It is important to keep in mind that these laws apply to
all hiring procedures, whether they be interviews, background
checks, reference checks, or predictive hiring systems such as the ERI®
screening system. In general, no employer may discriminate against protected
groups in the hiring process, nor may a job applicant suffer unreasonable,
subtantial, or serious interference with his/her privacy.
Bay State Psychological Associates recognizes the importance of these
fundamental principles and is fully committed to helping employers hire
individuals, in a manner that is consistent with the provisions of relevant
statutes and regulations. The Employee Reliability Inventory (ERI®)
screening system was designed to assist in achieving that goal.
We believe that a combination of the following features makes using
the ERI® screening system responsive
to, and consistent with, the provisions of relevant statutes and other
- Published research which shows the validity of the ERI®
screening system, in the context of actual job performance.
- Americans With Disabilities Act - The ERI®
System has undergone a comprehensive legal and technical review with
respect to the various provisions of the ADA. From both the legal
and technical perspectives, our review indicates that the content
of the questionnaire statements, and the use of the ERI®
System, is responsive to and consistent with the provisions of the
ADA. In addition, because the questionnaire is a criterion-based instrument,
and because the various criteria used to validate it were related
to unreliable behavior in the context of actual job performance, the
questionnaire has a high degree of job relatedness and its use is
quite consistent with business necessity. Furthermore, the ERI®
is not a medical examination, as defined by the EEOC. To assist your
organization in providing reasonable accommodation during the application/selection
process, we offer the questionnaire in alternative formats.
Our ADA Kit can help you in assessing individuals who have impaired
sensory, manual, or speaking skills.
- Civil Rights Acts of 1964 & 1991 - With respect to the
Civil Rights Act of 1964 (Title VII) and the more recently enacted
Civil Rights Act of 1991, research has consistently shown that use
of the questionnaire does not result in Adverse Impact with respect
to race, gender, or age, as defined and measured in the Uniform
Guidelines on Employee Selection Procedures. Furthermore, the
ERI® System does not use "within
group norming" ("race norming").
- The ERI® system does not use
intrusive statements or questions.
- In the ERI® System there are
no fixed "cutoff" scores. An applicant does not "pass" or "fail"
- Use of the ERI® System is fully
integrated into the overall selection process. It is not used by itself
to make employment decisions. The answers that an applicant gives
to individual statements on the questionnaire do not, in themselves,
form the basis for making any type of hiring decision.
Screening System has been in continuous use since 1986. Over
8,000 companies have used the System. In a recent survey of
ERI® users, 89% indicated
that job applicants' acceptance of the ERI®
System was "very high". No client reported any difficulties
with job applicant acceptance.