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The concept of unfair labour practice has been introduced into South Africa through the Labour
Relations Act and it is argued that certain psychometric testing practices can be interpreted as falling
under the definition of an unfair labour practice. Empirical results are presented indicating that
different ethnic groups obtain significantly different mean ability test scores. A case study is cited to
show that this would result in an underprediction of performance on a criterion for the lower scoring of
two groups if test scores are regarded as comparable. It is argued that any interpretation of
psychometric data in South Africa that does not take into account of possible differences between
ethnic groups is likely to ignore a significant moderator variable, given the history of ethnically based
discriminatory practices in this country.
Arguments based on meta-analytical research in the USA, to the effect that psychometric ability tests
do not discriminate unfairly against disadvantaged groups if the same tests and norms are used, should
not be assumed to hold in South Africa. Various conceptions of what constitutes fairness in selection
are considered, and it is concluded that there is a need for employers to make explicit in their selection
policies the trade-off between economic and social costs of employment practices. Finally, some
implications for users of psychometric tests in industry are considered, to forewarn of likely
developments in this field.
1. Do you agree with the statement that “certain psychometric testing practices can be
interpreted as falling under the definition of an unfair labour practice”, and why?
Yes, psychometric testing practices can indeed be interpreted as an unfair labour practice,
particularly in the South African context. The Employment Equity Act prohibits the use of
psychological tests unless they are scientifically valid, reliable, fairly applied, and non-biased against
any employee or group. The history of discriminatory practices in South Africa makes it crucial to
assess whether psychometric tests have been standardized across all ethnic and cultural groups.
Without cross-cultural validation, these tests can perpetuate racial and ethnic biases, potentially
leading to discriminatory hiring practices. Therefore, psychometric tests that do not meet these
criteria can be considered unfair labour practices.
2. What is the meaning of the statement “different ethnic groups obtain significantly different
mean ability test scores”?
This statement refers to empirical findings showing that different ethnic groups, particularly in South
Africa, score differently on standardized ability tests. These differences in mean scores can result
from various factors, including the historical context of racial segregation, unequal access to
education, language barriers, and socio-economic disparities. Such differences imply that if test
scores are used without adjusting for these contextual factors, the tests might not reflect an
individual's true potential or abilities and can unfairly disadvantage certain groups.
