Key Legal Considerations
It is important to know that there are two sets of laws that govern the assessment of EQ and IQ in a job selection context:
The Employment Equity Act
The Health Professions Act of 1974
We will very briefly outline the key implications of these Acts as regards assessment in an organisational context.
Did you know that…
According to the Health Professions Act of 1974, it is a criminal offence for persons who are not registered with the Health Professions Council of South Africa (HPCSA) as psychology professionals, to perform psychological acts.
Health Professions Act of 1974
1. According to this legislation a psychological act is performed when any of the following are assessed:
Personality dynamics * Personality make-up
Personality functioning *Emotional functions
Intellectual abilities * Aptitude * Interests * Mental Processes.
(All of the above make up what we have termed CAPABILITY.) It is therefore illegal to use interviews, work sample tests etc to assess any of the above.
2. A psychological act is also performed when a person interprets assessment results. Only suitably qualified people - in this case psychology professionals registered in certain categories with the HPSCA are permitted to perform psychological acts.
The Employment Equity Act
1. According to the Employment Equity Act, all instruments used to assess Capability in an employment context must be able to demonstrate that they are reliable and valid. Of all the assessment instruments available – whether interviews, work sample tests and so on – only psychometric tests can meet the standards of reliability and validity.
2. This Act also states that psychometric tests may not unfairly discriminate against anyone or an arbitrary basis. It is the psychology professional's responsibility to ensure therefore that the tests being used do not discriminate against candidates on the basis of aspects such as gender, race or language.
What does this mean for organizations and HR Practitioners?
Any HR Practitioner or any other employee in an organisation, or staff working in a Recruitment Agency who is/are not registered with the (HSPCA) as a psychological professional may not administer any psychometric test, whether pencil and paper, computerised or online.
Any person who has a degree in psychology BUT IS NOT registered with the HPSCA as a psychometrist or psychologist MAY NOT perform psychological acts with respect to psychometric tests – administer or interpret.
Any of the individuals cited above also may not administer a psychometric test “under the supervision” of suitably qualified psychological professional.
Any of the individuals cited above also may not utilise any non – psychometric means (an interview for instance) to assess a candidate for a psychological construct, such as stress coping or assertiveness or self – confidence or empathy or problem solving capability etc. They would fall foul of the law on 2 counts. Performing a psychological act and using an assessment tool (interview etc.) that has not been demonstrated to be a valid and reliable measure of the construct they are trying to assess.
Any person who is not registered with the (HSPCA) as a psychological professional may not interpret psychometric test results independently of the guidance of a psychologist.
Contravention of the Acts mentioned carry very stiff penalties so should be taken seriously.