EEOC Announces Resolution of Personality Test Challenges

Yesterday, the EEOC announced conciliation agreements with both CVS and Best Buy over the use of personality tests/assessments as part of their hiring process which allegedly had a disparate impact on applicants on the basis of their race or national origin.   The issue was investigated between 2002 and 2010 and resulted in the filing of a Commissioner’s Charge.  Both CVS and Best Buy discontinued the challenged practice upon receiving the Charge.   The announcement does not reflect the payment of any damages or backpay or the hiring of any rejected applicants.  Rather, both companies agreed to implement certain best practices, to be more mindful of minority hiring, improving training for hiring managers and to submit regular reports to the EEOC.