Laws and Ethics of Testing

Question 1

What rights did the Civil Rights Act protect? What was the main concern for it?

Answer 1

Prohibits discrimination on basis of race, color, sex, religion, and national origin. Concerned about adverse impact with testing

Question 2

Age Discrimination in Employment Act

Answer 2

Age (40+) is now a protected class, cannot have mandatory retirement policy

Question 3

(VEVRAA) Vietnam Era Veterans Readjustment Assistance Act

Answer 3

Veteran status now a protected class (federal contractors only)

Question 4

Pregnancy Discrimination Act

Answer 4

Pregnancy now a protected class

Question 5

(USERRA) Uniformed Services Employment and Reemployment Rights Act

Answer 5

Veteran/active military status now protected class (all employers)

Question 6

(GINA) Genetic Information Nondiscrimination Act

Answer 6

Related to insurance and employment, cannot discriminate based on genetic information

Question 7

Education for All Handicapped Children

Answer 7

Goal to determine a child’s educational needs and meet them by requiring appropriate, professional testing of children suspected of having a disability

Question 8

Americans with Disabilities Act

Answer 8

Persons with disabilities now a protected class (tests must accommodate people w disabilities as much as possible)

Question 9

Individuals with Disabilities Education Act

What did it require?

Answer 9

Requires appropriate testing to establish disability status and education progress

Question 10

No Child Left Behind Act & Every Student Succeeds Act

Answer 10

Use standardized tests to track school and student progress/performance

Question 11

Family Education Rights and Privacy Act

Answer 11

Parents and students have the right to access school records (including tests)

Question 12

(HIPPA) Health Insurance Portability & Accountability Act

Answer 12

Individuals have right to decide/know who has access to medical records

Question 13

Griggs v Duke Power. And what was decided from this?

Answer 13

outlawed practices that are “fair” or seem equal but are discriminatory. Defined it as adverse impact and established 4/5ths rule/selection ratio

Question 14

Define adverse impact.

Answer 14

Employment practice/decision/policy that disproportionately negatively affects a protected group (intentional or not)

Question 15

What is selection ratio?

Answer 15

% of applicants hired from protected class must not be less than 80% ratio of applicants hired from any other class

Question 16

Abermale Paper Co v Moody

Answer 16

Selection measures must be necessary and job related

Question 17

Regents of UC v Bakke

Answer 17

Race can be considered in college admissions

Question 18

Gratz v Bollinger

Answer 18

Declared Univ of Michigan’s point system for minorities illegal

Question 19

Grutter v Bollinger

Answer 19

Can consider race in admissions but not JUST race

Question 20

Bostock v Clayton County

Answer 20

Protects sexual orientation and gender identity (but not technically new classes)

Question 21

Students for fair admissions v President & fellow Harvard college & v University of North Carolina

Answer 21

Cannot consider race in college admissions but can consider personal narratives that may include race

Question 22

Ethics have_____ but are not _____

Answer 22

Ethics carry professional consequences but are not legally binding

Question 23

APA’s goals of ethical guidelines (4)

Answer 23

To balance needs/rights of:
- person being assessed
- person doing assessing
- people who will use results
- person who developed test

Question 24

List the 5 Ethical Principles

Answer 24

1. Beneficence and Nonmaleficence
2. Fidelity and Responsibility
3. Integrity
4. Justice
5. Respect (for people’s rights and dignity)

Question 25

Benficence and Nonmaleficence and how it looks in testing

Answer 25

Do good and avoid doing harm
In testing: test with purpose, be mindful of potential consequences

Question 26

Fidelity and Responsibility and how it looks in testing

Answer 26

Be accountable and address conflicts of interest
In testing: use info carefully, be mindful people are trusting you with sensitive things

Question 27

Integrity

Answer 27

Encourage honesty, accuracy, and truthfulness
IF have to be deceptive do so carefully

Question 28

Justice and how it looks in testing

Answer 28

Ensure all people of equal and quality access to services
In testing: work to make tests fair and appropriate for all people

Question 29

Respect for People’s Rights and Dignity and what do you need to respect

Answer 29

Acknowledge dignity and worth of all people
Respect: people’s right to privacy, confidentiality, and self-determination and cultural, individual, and role differences

Question 30

List the 4 Basic Ethical Rights of test-takers

Answer 30

1. Privacy and Confidentiality
2. Informed Consent
3. Knowing and Understanding Results
4. Least Stigmatizing Label

Question 31

APA Minimum Test User Qualifications (5)

Answer 31

• 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