How to Validate Pre-Employment Tests for Legal Compliance

In today’s competitive job market, companies are constantly seeking ways to streamline their hiring processes while ensuring legal compliance. Pre-employment tests are valuable tools for evaluating candidates’ skills, abilities, and fit for a position. However, it’s crucial for companies to validate these tests to ensure they comply with legal standards and effectively predict job performance. In this article, we’ll explore the importance of validating pre-employment tests and provide guidance on how to do so effectively.


At AlignMark, we understand the significance of accurate and legally compliant pre-employment testing. With over 40 years of experience as a pioneer in the industry, we have developed innovative solutions to assist companies in recruiting, selecting, and developing their most valuable asset—their people.


Why Validate Pre-Employment Tests?


Validating pre-employment tests involves assessing whether they accurately measure the attributes they are designed to evaluate. It ensures that the tests are fair, reliable, and legally defensible. Validity is essential to ensure that hiring decisions are based on relevant criteria and that they do not inadvertently discriminate against protected groups.


Steps to Validate Pre-Employment Tests:


Define Job Requirements: Start by clearly defining the knowledge, skills, abilities, and other characteristics (KSAOs) required for the job. This serves as the foundation for developing and validating the pre-employment test.


Test Development: Develop or select a pre-employment test that aligns with the job requirements identified. This could include cognitive ability tests, personality assessments, job simulations, or situational judgment tests.


Conduct a Job Analysis: Conduct a thorough job analysis to validate the content of the test. This involves identifying the tasks, behaviors, and competencies relevant to the job and ensuring that the test accurately reflects these aspects.


Gather Evidence of Validity: Collect empirical evidence to support the validity of the pre-employment test. This may involve conducting criterion-related validity studies, content validity studies, or construct validity studies.


Analyze Data: Analyze the data collected during the validation process to determine the reliability and validity of the test. Ensure that the test demonstrates consistent results over time and across different groups of applicants.


Review Legal Standards: Evaluate the pre-employment test against legal standards, such as the Equal Employment Opportunity Commission (EEOC) guidelines and relevant legislation, to ensure compliance with anti-discrimination laws.


Document the Validation Process: Document all steps taken during the validation process, including the rationale behind test selection, the methods used, and the results obtained. This documentation serves as evidence of the test’s validity and compliance with legal standards.


AlignMark’s Expertise in Pre-Employment Testing:


At AlignMark, we specialize in the design and deployment of pre-employment tests that are both valid and legally compliant. With over 5,000,000 assessments conducted to date, our solutions have been proven effective in helping companies make informed hiring decisions while minimizing legal risks.


Our comprehensive approach to test validation ensures that our clients receive accurate and legally defensible assessments tailored to their specific hiring needs. Whether you’re a Fortune 1000 leader, a government agency, or a mid-size to smaller organization, AlignMark has the expertise and resources to support your hiring objectives.




Validating pre-employment tests is essential for ensuring legal compliance and making informed hiring decisions. By following a systematic validation process and partnering with a reputable provider like AlignMark, companies can enhance the effectiveness and defensibility of their pre-employment testing programs. With our history of innovation and expertise in assessment and selection, AlignMark is your trusted partner in optimizing your hiring process and maximizing the potential of your workforce.