May 20, 2019 – Questionmark, global provider of assessment technologies and solutions, today announced the release of a 30-page white paper titled “Defensibility and Legal Certainty for Test and Exams”. This paper documents best practice in creating and administering defensible assessments that contribute to legal certainty.
Legal certainty is a principle that the law and other rules should be clear and precise. In the assessment context, legal certainty can be an issue if an organization fails to follow its own exam regulations. There have been many law cases in Europe and elsewhere where exams used to select or recruit people have been attacked either because of a lack of legal certainty or because the processes and procedures to create, score and make decisions on the exam are not legally defensible.
This Questionmark paper gives examples of some of these law cases and provides best practice advice to organizations who seek to make their exam programs defensible and resistant to challenge on legal certainty grounds. The guide is aimed at organizations creating and administering tests and exams. It describes the principles and key steps to make assessments that are defensible and that provide legal certainty, and which are less likely to be successfully challenged in courts.
The key premise of the guide is that assessments have a “purpose” or a “goal”, for example, the need to check a person’s competence before allowing them to perform a job task. It is important that an assessment program defines its purpose clearly, ensures that this purpose is then enshrined in the design of the test or exam, and checks that the assessment and delivery is consistent with the defined purpose. Essentially, there should be a chain from the purpose to design to delivery to decision, which makes the end decision defensible. If you follow that chain, your assessments may be defensible and legally certain; if that chain has breaks or gaps, then your assessments are likely to become less certain and more legally vulnerable.
“We believe this guide is the first in Europe to address the issue of defensibility and legal certainty” said John Kleeman, Founder and Executive Director of Questionmark. “We believe that for anyone working with tests and exams, particularly in the workplace or in certification, the guide will provide useful input to helping review a program to help resist against potential legal attacks.
Legal certainty (“Rechtssicherheit” in German) is an important issue in many European countries, but less widely discussed in the US. The guide explores defensibility and legal certainty in the area of assessments from a broadly European perspective, nevertheless, it will also be relevant in other regions.
This white paper can be downloaded HERE.
Questionmark’s assessment technologies enable organizations to get trustworthy results when measuring knowledge, skills, abilities and attitudes for certification, workforce learning, regulatory compliance and sales-force readiness. Customers worldwide rely Questionmark’s award-winning platform for collaborative, multilingual item banking and assessment authoring; delivery via mobile devices including smartphones and tablets; secure, proctored exam delivery; and comprehensive reporting and analytics.
Questionmark’s cloud-based assessment management solutions offer rapid deployment, scalability for high-volume test delivery, available 24/7 support, and the peace-of-mind of secure, audited US and European-based data centers. Questionmark’s flexible APIs and support of major industry standards ensure interoperability with a variety of enterprise systems.
Complete details are available at https://www.questionmark.com.