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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1336
Experience:  BLC LLB (Pret) LLM (Augsburg)
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With resopect to psychometric testing. What is the legal

Customer Question

With resopect to psychometric testing.
What is the legal status of psychometric testing. How they are regulated if regulated.
Can employee be forced to tak a psychometric test
Can an amplican be refused job for refusing to take psychometric test.
Submitted: 3 years ago.
Category: South Africa Law
Expert:  Fran-mod replied 3 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 3 years ago.

Tha is fine, I can wait.


Please visit this site. The labour Ministry. They say that is illegal and can not be enforced.

Note illegal under conditions but I do not think any of these condition can be proven. After all even the lie detector test can not serve as an evidence in courts. Neither can be enforced.

Expert:  Fran-mod replied 3 years ago.
Hello Jerry,

Thank you for your continued patience. We will continue the search for a professional for you
Expert:  Barend B. replied 3 years ago.
Good morning,

To quote from the site you referred us to:
Psychometric testing of workers or job applicants is illegal unless the tests –
  • have been proved valid and reliable;
  • are fair to all workers; and
  • do not discriminate against a worker or group.

If the employer complies with the above conditions and can prove it as well, then the tests are legal. Certain jobs in fact require psychometric testing, but it can't be performed by anyone. The person administering the tests must have the credentials, experience and education to perform the tests, and the content of the test must be such that is valid and reliable. Furthermore, the tests must apply to all workers and not a select few.