A Review of Court Decisions on Cognitive Ability Testing, 1992-2004

Abstract

General cognitive ability is likely the single best predictor of job performance, although it typically results in race-based adverse impact. The majority of the 22 cognitive ability testing cases in appellate and district courts from 1992 to 2004 involved class action plaintiffs and civil service jobs. Organizations that used professionally developed tests that were validated and that set cutoff scores supported by the validity study fared well in court. The validation study must be conducted according to professional standards, and the results should be used properly when setting cutoff scores. Plaintiffs in cognitive ability test-related lawsuits were likely to be members of minority groups; the majority of cases were race-based claims. Utilizing a consultant to develop and validate selection tests may ensure the appropriate expertise and a professionally developed and validated test; however, it does not alleviate the responsibility of the employer for adverse impact.