B-204943.OM, OCT 13, 1981

B-204943.OM: Oct 13, 1981

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KLEKNER: WE HAVE REVIEWED THE STANTON SURVEY. WE QUESTION WHETHER THE VALIDITY AND RELIABILITY ARE SUFFICIENTLY HIGH TO SATISFY THE EXACTING STANDARDS OF GAO'S MERIT SYSTEM. WE DO NOT BELIEVE IT IS LEGALLY PRUDENT TO PLACE OURSELVES IN THIS POSITION INASMUCH AS THE VALIDITY OF THE TEST HAS NOT BEEN STATISTICALLY DEMONSTRATED. WE BELIEVE A MORE VALID EVALUATOR OF APPLICANT DISHONESTY IS THE RESULTS OF ROUTINE AGENCY CHECKS.

B-204943.OM, OCT 13, 1981

SUBJECT: LEGAL OPINION ON INSTITUTING AN APPLICANT DISHONESTY TEST - B-204943 O.M.

DIRECTOR, OSS - ARTHUR A. KLEKNER:

WE HAVE REVIEWED THE STANTON SURVEY, A PAPER AND PENCIL TEST THAT ALLEGEDLY CAN PREDICT EMPLOYEE DISHONESTY. WE QUESTION WHETHER THE VALIDITY AND RELIABILITY ARE SUFFICIENTLY HIGH TO SATISFY THE EXACTING STANDARDS OF GAO'S MERIT SYSTEM. IF AN APPLICANT CONTESTED HIS REJECTION FOR EMPLOYMENT ON THE BASIS OF THE RESULTS OF SUCH A TEST, WE WOULD BE PLACED IN THE POSITION OF DEFENDING THE CONSISTENT HIGH PERCENTAGE PREDICTABILITY OF THE TEST INSTRUMENT. WE DO NOT BELIEVE IT IS LEGALLY PRUDENT TO PLACE OURSELVES IN THIS POSITION INASMUCH AS THE VALIDITY OF THE TEST HAS NOT BEEN STATISTICALLY DEMONSTRATED. ACCORDINGLY WE DO NOT BELIEVE THE TEST SHOULD BE INSTITUTED.

WE BELIEVE A MORE VALID EVALUATOR OF APPLICANT DISHONESTY IS THE RESULTS OF ROUTINE AGENCY CHECKS, INDIVIDUAL AND CREDIT REFERENCES AND EMPLOYMENT HISTORY RECORDS.