What is a “job bias tester” and what do they do?

The use of testers who pose as renters or purchasers has long been a popular technique in auditing housing discrimination. The same technique can be used successfully to uncover hiring discrimination against women and minorities, and the Office of Federal Contract Compliance Programs conducted a pilot program on the use of employment testers in the late 1990s.

Job bias testers are individuals who are trained in job auditing techniques. They are not bona bide job applicants, but will apply for a job advertised in a local newspaper solely to test the employer’s compliance with job bias laws. They will be equally matched in terms of age, education, physical size, experience, openness, energy level, and articulateness, with their only difference being race or another protected characteristic.

Testers go through the same hiring process as any job applicant and the treatment that each tester received is documented through the basic steps of the hiring process-initial contact, filing of the application and a job interview. If any of the testers is offered a position, the wages, benefits and positions offered are compared. If offered a position, a tester immediately turns down the job so that it can be offered to another applicant. Despite the fact that a tester is not a bona fide applicant, the EEOC takes the position that testers and organizations wanting to file complaints on their behalf have standing to file discrimination charges.

Auditing gives society a tool for rooting out systemic discrimination. It is less expensive than statistical analysis and allows claimants to frame allegations with greater precision. Claimants can obtain evidence without having to resort to expensive litigation.