Laws and Ethics of Testing Flashcards
What rights did the Civil Rights Act protect? What was the main concern for it?
Prohibits discrimination on basis of race, color, sex, religion, and national origin. Concerned about adverse impact with testing
Age Discrimination in Employment Act
Age (40+) is now a protected class, cannot have mandatory retirement policy
(VEVRAA) Vietnam Era Veterans Readjustment Assistance Act
Veteran status now a protected class (federal contractors only)
Pregnancy Discrimination Act
Pregnancy now a protected class
(USERRA) Uniformed Services Employment and Reemployment Rights Act
Veteran/active military status now protected class (all employers)
(GINA) Genetic Information Nondiscrimination Act
Related to insurance and employment, cannot discriminate based on genetic information
Education for All Handicapped Children
Goal to determine a child’s educational needs and meet them by requiring appropriate, professional testing of children suspected of having a disability
Americans with Disabilities Act
Persons with disabilities now a protected class (tests must accommodate people w disabilities as much as possible)
Individuals with Disabilities Education Act
What did it require?
Requires appropriate testing to establish disability status and education progress
No Child Left Behind Act & Every Student Succeeds Act
Use standardized tests to track school and student progress/performance
Family Education Rights and Privacy Act
Parents and students have the right to access school records (including tests)
(HIPPA) Health Insurance Portability & Accountability Act
Individuals have right to decide/know who has access to medical records
Griggs v Duke Power. And what was decided from this?
outlawed practices that are “fair” or seem equal but are discriminatory. Defined it as adverse impact and established 4/5ths rule/selection ratio
Define adverse impact.
Employment practice/decision/policy that disproportionately negatively affects a protected group (intentional or not)
What is selection ratio?
% of applicants hired from protected class must not be less than 80% ratio of applicants hired from any other class
Abermale Paper Co v Moody
Selection measures must be necessary and job related
Regents of UC v Bakke
Race can be considered in college admissions
Gratz v Bollinger
Declared Univ of Michigan’s point system for minorities illegal
Grutter v Bollinger
Can consider race in admissions but not JUST race
Bostock v Clayton County
Protects sexual orientation and gender identity (but not technically new classes)
Students for fair admissions v President & fellow Harvard college & v University of North Carolina
Cannot consider race in college admissions but can consider personal narratives that may include race
Ethics have_____ but are not _____
Ethics carry professional consequences but are not legally binding
APA’s goals of ethical guidelines (4)
To balance needs/rights of:
- person being assessed
- person doing assessing
- people who will use results
- person who developed test
List the 5 Ethical Principles
- Beneficence and Nonmaleficence
- Fidelity and Responsibility
- Integrity
- Justice
- Respect (for people’s rights and dignity)
Benficence and Nonmaleficence and how it looks in testing
Do good and avoid doing harm
In testing: test with purpose, be mindful of potential consequences
Fidelity and Responsibility and how it looks in testing
Be accountable and address conflicts of interest
In testing: use info carefully, be mindful people are trusting you with sensitive things
Integrity
Encourage honesty, accuracy, and truthfulness
IF have to be deceptive do so carefully
Justice and how it looks in testing
Ensure all people of equal and quality access to services
In testing: work to make tests fair and appropriate for all people
Respect for People’s Rights and Dignity and what do you need to respect
Acknowledge dignity and worth of all people
Respect: people’s right to privacy, confidentiality, and self-determination and cultural, individual, and role differences
List the 4 Basic Ethical Rights of test-takers
- Privacy and Confidentiality
- Informed Consent
- Knowing and Understanding Results
- Least Stigmatizing Label
APA Minimum Test User Qualifications (5)
- basic psychometrics
- how to select appropriate tests
- how to administer test/interpret results
- issues in testing people w/ diverse backgrounds
- issues in testing people w/ disabilities
