Federal court refuses to order a test provider to lengthen the test period by 50% to accommodate an applicant with Attention Deficit Disorder. An inability to perform well on a standardized test does not substantially interfere with the major life activity of learning. Baer v. Natl. Bd. of Medical Examiners, #05-10724, 2005 U.S. Dist. Lexis 7796, 2005 WL 1027289 (D. Mass. 2005). [2005 FP Jul]
     Arbitrator holds that a person assigned to administer the practical skills portion of a firefighters' promotional exam does not have to be certified in those skills, and need not have taken the exam himself. Moreover, if some portion of an exam is eliminated before or after testing because of unfairness, the exam is still valid because no candidate is at a disadvantage. Candidates must be informed, however, when standards change if they are to be incorporated into the testing process. City of Fort Myers and the SW. Fla. Prof. Firefighters L-1826, FMCS Case #02/08075, 117 LA (BNA) 1441 (Howell, 2002). [2003 FP Apr]
     Arbitrator rejects use of general aptitude tests for promotional purposes in favor of seniority system, where management was limited to testing candidates for job qualifications only. GTE and IBEW L-289, 103 LA (BNA) 1205 (Duff, 1994). [1995 FP 86-7]
     Appellate court allows expert witness testimony as to which answer on a promotional exam was correct. Deguzis v. Jandreau, 27 Conn.App. 421, 606 A.2d 52 (1992). [1992 FP 151-2]
     Appellate court orders city to regrade tests where answers to some questions were better or as good as key answers. DiNatale v. Levitt, 547 N.Y.S.2d 646 (A.D. 1989).
     A disparate impact for blacks was proved with the use of the Wonderlic IQ test. "If [an employer] uses such a test, it must show that the procedure used measures important skills, abilities, and knowledge that are necessary for the successful performance of the job." EEOC v. Atlas Paper, 868 F.2d 1487, 1989 U.S. App. Lexis 1761, 56 FEP Cases (BNA) 1692. {N/R}
     A score of 70 means that 70% of the answers to all questions are correct, not 70% of the highest score achieved. Hoffman v. Board of Fire & Police Cmsnrs., 529 N.E.2d 790 (Ill.App. 1988).
     Highest court in New York upholds "zone scoring" of civil service exams, allowing examiners to use indicia other than raw test scores to rank applicants and promotional candidates. McGowan v. Burstein, 71 N.Y.2d 729, 525 N.E.2d 710 (1988).
     W. Virginia court strikes down oral exams for applicant firefighters. Questioning process is irrelevant for entry positions. Charleston Prof. Firefighters, IAFF #317 v. Accuosti, Kanawha Co. Cir. Ct. #85-Misc-309. FP #141:01.
     Appeals court finds psychologist's pre-employment interview reports are privileged; disclosure would impair hiring process. Roulette v. Dept. of Central Mgmt. Services, 490 N.E.2d 60, 141 Ill.App.3d 394 (1986).
     Promotional exams can be unwritten and unrecorded; examiner can be an outside consultant. Lynch v. Tiffenbach, 14 Ohio App.3d 174, 470 N.E.2d 445 (1984).
     Court refuses to order production of test answers and other scores in suit by unsuccessful candidate for fire lieutenant. Town of Glastonbury v. Freedom of Information Commission, 39 Conn. Sup. 257, 476 A.2d 1090 (1984).
     Civil service has implied authority to invalidate test results if unknown candidates have cheated. Cox v. Kearn Co. Civil Service Cmsn., 203 Cal.Rptr. 94 (App. 1984).
     City could not "curve" test results in firefighter test; only raw score of 70 could be used. Local 773 AFL-CIO v. City of Bristol, 39 Conn. Supp. 1, 463 A.2d 628 (1983).
     New York court upholds "role playing" module as part of lieutenant's exam. Carroll v. Ortiz, 470 N.Y.S.2d 978 (S.T. 1983).
     Where candidate's answer is as good or better than test answer, question must fail. Esposito v. Nadel, 461 N.Y.S.2d 288 (A.D. 1982).
     N.Y. high court sets standard for contesting exam questions; rejected candidates need only show their answers are at least as good. O'Back v. Nadel, 57 N.Y.2d 262, 439 N.E.2d 863 (1982).
     Federal court should not invalidate promotional exam simply because questions did not directly relate to public safety employment, where there is no disparate impact on minorities. DiLulio v. Board of Fire & Police Cmsnrs., Northlake, 682 F.2d 666 (7th Cir. 1982).
     Court upholds chief's use of "assessment center" to aid him in selecting promotional candidates under "rule of three." Keller v. City of Columbus, #80CV-11-5953 (Cm. Pls. Franklin Co. 1982).
     Civil service test examiners may round-off scores to nearest whole number to create larger pool of candidates. Ash v. Police Cmsnr. of Boston, 418 N.E.2d 622 (Mass. App. 1981).
     Board cannot throw out exam results for "cheating" activity without some substantial proof of claim. Seay v. Board of Fire and Police Cmsnrs. of Peoria, 417 N.E.2d 887 (Ill.App. 1981).
     Seventy percent passing grade means an average of composite scores, not simply on written test. Myers v. Twp. of Redford Fire & Police Cmsn., 292 N.W.2d 698 (Mich. App. 1980).
     Administration has wide discretion in selecting criteria for promotions on “fitness and merit”. St. Louis Police Officers’ Assn. v. McNeal, 585 S.W.2d 70 (Mo.App. 1979).
     In a suit by the union, the employer could lawfully refuse to disclose the scores on employee aptitude tests, unless each employee signed a release. Detroit Edison v. NLRB, 440 U.S. 301, 99 S.Ct. 1123, 1979 U.S. Lexis 66 (1979). {N/R}
     Civil service board can delegate examination functions to chief of department. Letson v. Gadsen Civil Service Board, 356 So.2d 653 (Ala. App. 1978).
     Texas court upholds civil service rule that breaks ties on promotional exams. Lee v. Firemen's and Policemen's Civil Service Cmsn. of San Antonio, 526 S.W.2d 553 (Tex. Civ. App. 1974).
     The EEOC found that use of the Wonderlic and Bennett tests resulted in 58% of whites passing the tests, as compared with only 6% of the blacks. Griggs v. Duke Power, 401 U.S. 424, 91 S.Ct. 849, 1971 U.S. Lexis 134, 3 FEP Cases (BNA) 175. {N/R}
     See also: Psychological Exams