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Legal Compliance and the Caliper Profile


Overview

The Caliper Profile undergoes a rigorous psychometric monitoring process, including annual adverse impact and validity analyses. Focus on adverse impact begins during the item piloting phase and continues throughout the operational life of the new item sets at the scale level. This process ensures that the Caliper Profile meets all requirements set forth by Title VII and the EEOC statutes, including the Uniform Guidelines on Employee Selection Procedures (UGESP).


Informing the assessee about how results are used

Informed consent is collected from every person who takes the Caliper Profile. Individuals must give their consent at the beginning of the assessment process before they can proceed to the Caliper Profile. The assessee must consent to the following statement: 

“I understand that this assessment is to be used as one of many criteria for making a hiring, developmental, or promotional decision, and that the written and verbal reports produced from this assessment are the sole property of the company that requested the assessment. The confidential results cannot be released to anyone without the client’s expressed written permission. Caliper does, however, reserve the right to use the underlying scores and data for internal research purposes.”  


Explaining the Caliper Profile to assessees

When introducing the Caliper Profile to an applicant or current employee, it is important to emphasize that he or she is not taking a pass/fail test. Instead, the Caliper Profile is part of the process of gathering information about an individual’s potential to succeed in a particular position. Other factors to be considered in any important personnel decisions include: information conveyed in interviews, a review of past performance, and referrals from former supervisors. We strongly suggest that the client introduce the assessment process as one of the criteria for making a hiring or promotion decision, making it very clear that no single factor, including the Caliper Profile, is used to make a final decision. 


Fairness to protected classes

Job-match recommendations based on Caliper Profile scores indicate no adverse impact with respect to any protected class. Scores on the Caliper Profile are never adjusted on the basis of personal characteristics. A single scoring procedure is applied, regardless of race, gender, age, educational level, religious affiliation, or disability status of the individual. 

The Caliper Profile undergoes a rigorous psychometric monitoring process, including annual adverse impact and validity analyses. This ongoing process ensures that the Caliper Profile meets all requirements set forth by Title VII and the EEOC statutes, including the Uniform Guidelines on Employee Selection Procedures (UGESP). For detailed results of these studies, please request a copy of our Technical Manual.


How Caliper collects demographic information

The U.S. version of the Caliper Profile contains a set of questions that request demographic information from the candidate (e.g., gender, race/ethnicity, and age). The instructions for this section explain that responding to these questions is optional and does not impact scoring, and that individual responses are held in confidence by Caliper. These data are not shared with any outside parties, including the organization for which the individual is taking the Caliper Profile, as well as the Account Consultant who provides the verbal consultation. The instructions also explain the purpose of collecting these data - i.e., EEOC compliance analysis.


Accommodating individuals with disabilities

To ensure compliance with the Americans with Disabilities Act (ADA) of 1990, employers are required to provide reasonable accommodation to applicants or employees with disabilities. According to the U.S. Equal Employment Opportunity Commission, reasonable accommodation is “any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.” 

The administration of the Caliper Profile allows for various forms of reasonable accommodation. Individuals with visual disabilities or dyslexia may have someone read the Caliper Profile to them and record their responses. Since the Caliper Profile is an untimed assessment, no accommodations are necessary with respect to administration time. Additional accommodations may be implemented on a case-by-case basis.

If administering the assessment on site, provide a quiet room for the individual and allow that person as much time as is necessary to complete the assessment. Advise each individual to take the time to carefully read the instructions at the beginning of each section, since the instructions differ slightly from section to section. 


Compliance outside the United States

Legal guidelines regarding the use of workplace assessments vary from country to country. For specific questions about using Caliper appropriately outside the US, please reach out to us.


FAQs and additional information

Click the player below for answers to commonly asked questions about legal compliance.


For detailed scientific explanation on Caliper’s compliance research, please request a copy of our Technical Manual. You can also reach out to your Caliper team with any additional questions. 

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